1. Fees, Refunds, and No-Risk Guarantee

You agree to pay the fees as specified during registration, which are outlined in the Statement of Work (SOW) provided to you. Payment will be processed automatically based on the agreed billing cycle (e.g., monthly, quarterly, annually). It is your responsibility to ensure that payment details are accurate and up to date. If there are changes (such as billing address or credit card expiration), please notify us promptly to avoid service interruptions. For annual or monthly plans, no refunds are available.

We maintain a No-Risk Guarantee: if you encounter difficulties making recordings during your first year, we are committed to exploring ways to add value through alternative content marketing opportunities. 

ProudMouth retains the right to adjust fees, but will notify you in advance of any increases.

2. Plans and Cancellation

Our MIA plan requires a 12-month commitment, starting from your initial payment, not including your setup fee payment. After the first year, your subscription will automatically convert to a month-to-month plan, unless renewed for another year. At this point, you may cancel your monthly subscription by providing 30 days’ written notice. ProudMouth will continue to provide access to services until the end of the paid billing period.

3. Ownership and Trademarks

You retain ownership of all final content (e.g., podcasts, videos, graphics) created during any fully-paid month. However, you are responsible for ensuring that any content provided for creation is free from intellectual property conflicts (e.g., trademarks or third-party ownership). ProudMouth disclaims liability for any materials you provide and does not review content for potential trademark or copyright violations.

4. Content Creation and Client Responsibilities

Content creation is a collaborative process, and your active participation is essential. You are responsible for providing recorded content and direction to our team. Missed recordings will not qualify for refunds, but you may be eligible for a make-up recording within 60 days, at ProudMouth’s discretion.

5. Marketing Performance and Expectations

ProudMouth commits to using best practices and strategies based on industry standards and your provided direction. However, we cannot guarantee specific outcomes (e.g., audience growth, engagement rates, or revenue increases) due to the variability of external factors, including market conditions, platform algorithms, your commitment to providing valuable expert content, and your own promotional efforts. Our services are designed to provide you with the highest level of support, but results will vary by client and industry.

6. Content Creation Process & Scheduling

ProudMouth will work with you to guide content creation through onboarding meetings, where we’ll determine content direction, topics, style, and scheduling. Once your content is developed, we will seek approval before publishing. You have the right to request revisions within 3 business days of receiving drafts. If you require rush edits, we aim to fulfill those in 48 hours. If you are using a host/producer, it is especially important to keep the scheduled date and time for recordings. If you cancel within 48 hours of a scheduled recording, you may be charged a $150 cancellation fee.

7. Stock Photography and Media Assets

ProudMouth may use stock photography or media (licensed through providers such as iStock) to support content creation. These assets are licensed for use solely within the context of the delivered content. Individual files are not transferable, and any use outside the delivered content is prohibited.

8. Content Scheduling and Social Media Posting

ProudMouth will handle the scheduling of your content on chosen platforms, but you are responsible for ensuring that any legal obligations tied to social media platforms are met. While we manage the process, we do not guarantee the performance or impact of posts on platforms.

9. Indemnification

You agree to indemnify, defend, and hold harmless ProudMouth from any claims or liabilities arising from your breach of this agreement, your use of our services, or your infringement on third-party rights. This includes reasonable legal fees that may result from your actions.

10. Abuse of Service

We maintain a professional working environment and expect our clients to adhere to these standards. If we find that you are abusing our services, violating our core values, or using our services for illegal or inappropriate purposes, we reserve the right to terminate your account immediately.

11. Service and Delivery Timelines

We strive to deliver content in a timely manner, typically within 10 business days of receiving your recorded files. However, unforeseen circumstances such as natural disasters may result in delays. We will communicate any such delays to you as soon as possible.

12. Confidentiality and Data Protection

We take the confidentiality of your business information seriously. ProudMouth will only communicate with authorized individuals on your account and will not share any sensitive information outside of the organization without your consent.

13. Pricing Adjustments

ProudMouth reserves the right to adjust pricing, which will apply to both new and existing clients. However, any increase will be communicated in advance, providing you with the opportunity to review and discuss changes with our team.

14. Use of Third-Party Platforms

We leverage third-party platforms such as Google Drive, Sendible, and others to manage services. You agree to abide by the terms of these services, which are subject to change without prior notice. ProudMouth is not responsible for any disruptions or changes caused by these platforms.

15. Digital Millennium Copyright Act (DMCA)

We respect intellectual property rights. If any content on our platform infringes on your copyright, please provide a DMCA notice with the required details, and we will act accordingly.

16. Retainer Service Commitment

ProudMouth operates as a retainer service. It is your responsibility to provide the necessary content and to schedule recordings and meetings. Missed opportunities to record or submit content do not qualify for refunds, although make-up options may be considered on a case-by-case basis.

17. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through informal communication. Should this fail, mediation will be pursued before escalating to formal legal proceedings.

18. Miscellaneous Provisions

• ProudMouth retains the right to feature non-confidential client work in portfolios or marketing material.

• Our terms and conditions may be updated from time to time. Any significant changes will be communicated to clients.

19. Creative Design and Video Editing

While we do our best to minimize any mistakes, due to the nature of creative design and video editing, we cannot guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. ProudMouth is not responsible or liable for any losses or expenses incurred from errors or omissions.

20. Industry Best Practices and Public Sharing

ProudMouth will abide by industry best practices and seek your approval before sharing any work publicly on your behalf.

21. Required Marketing Technology

You may be required to have marketing technology tools and platforms in place to support your Managed Influence Acceleration services such as a CRM, email automation, social platforms, social media, website optimization tools, etc. These will be discussed in the discovery process as needed.