Terms of Use for NADmedia Dev Studio, Web Design, and Marketing Services

Terms of Use

Effective Date: October 7, 2025
Last Updated: October 7, 2025

1. Acceptance of Terms

Welcome to NADmedia.net (“Website”). These Terms of Use (“Terms”) govern your access to and use of the Website and all services, products, software, plugins, creative assets, and content provided by NADmedia LLC, doing business as NADmedia, its employees, contractors, representatives, and affiliates (collectively, “NADmedia,” “we,” or “us”).

By accessing or using our Website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please discontinue use of our Website and Services.

2. Eligibility and Scope

2.1 Eligibility: You represent that you are at least 18 years old and legally able to enter into this Agreement.

2.2 Scope: These Terms apply to all Website use, client projects, software and plugin deployments, digital assets, hosting, marketing, design, and AI-assisted services (including those provided by “Alex O”).

3. License to Use Website

NADmedia grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for lawful business purposes. You may not reproduce, resell, or exploit any portion of the Website or its content without prior written consent.

4. Prohibited Use

You agree not to:

  • Violate any law or third-party right.
  • Attempt unauthorized access to NADmedia systems.
  • Interfere with Website or Service functionality.
  • Upload malicious code or scripts.
  • Collect personal data without consent.
  • Impersonate NADmedia, its staff, or “Alex O.”

5. Intellectual Property

5.1 NADmedia Content: All trademarks, software, plugins, code, documentation, designs, graphics, and AI-generated outputs remain the property of NADmedia unless otherwise agreed in writing.

5.2 Client Deliverables: Work produced by NADmedia is considered licensed for client use upon full payment. Until payment is complete, all deliverables remain the property of NADmedia.

5.3 Use of AI Outputs: AI-generated text, images, or media are co-owned between NADmedia and the client for commercial use unless otherwise stated.

5.4 Portfolio Use: NADmedia reserves the right to display completed work — including screenshots, anonymized results, or public web pages — for portfolio and promotional purposes.

6. AI and Third-Party Services

6.1 Third-Party Platforms: NADmedia utilizes integrations and partnerships with third parties such as Google, OpenAI, DigitalWeb, WordPress, and hosting or payment providers. You acknowledge that these entities operate independently and are governed by their own terms and privacy policies.

6.2 AI-Generated Services: NADmedia may use AI systems, including “Alex O,” to generate design, code, or strategy outputs. These outputs are provided “as-is” and may include or depend on third-party models beyond NADmedia’s control.

6.3 No Guarantee: NADmedia does not guarantee the originality, factual accuracy, or performance of third-party or AI-generated outputs.

7. Domain Ownership and Digital Assets

7.1 Client-Owned Domains: If you provide your own domain or hosting credentials, you retain full ownership. NADmedia will access these only for purposes agreed upon in writing.

7.2 Domains Purchased by NADmedia:

  • If NADmedia purchases or registers a domain name on your behalf as part of a service package, that domain remains the property of NADmedia LLC until all project and service fees are fully paid.
  • Domains acquired under promotional or bundled packages remain under NADmedia ownership for a minimum of 12 months, unless otherwise agreed in writing.
  • Clients may request to purchase the domain outright at fair market value or at a transfer fee determined by NADmedia.

7.3 Hosting & Accounts: Hosting environments, email setups, analytics, or ad accounts established by NADmedia may be retained under NADmedia management during the service period. Upon termination and full settlement, credentials and assets may be transferred.

8. Payment, Cancellation, and Transfer

  • Payment terms are governed by your invoice or service agreement.
  • Cancellations prior to project completion may incur setup or cancellation fees.
  • Upon early termination, partially completed work remains the property of NADmedia unless otherwise agreed.
  • Outstanding balances must be paid before domain transfers, hosting migrations, or delivery of editable project files.

9. Disclaimer of Warranties

All services, content, software, and AI tools are provided “as-is” and “as available.” NADmedia disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law, NADmedia — including its owners, employees, contractors, affiliates, and AI systems — shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

Total liability shall not exceed the greater of:

  • The fees paid by you to NADmedia in the 1 month preceding the claim, or
  • $100.

11. Indemnification

You agree to indemnify and hold harmless NADmedia, its affiliates, employees, and representatives (including “Alex O”) from all claims, losses, and damages arising from your use of the Website or Services, breach of these Terms, or violation of law or third-party rights.

12. Privacy

Our data practices are governed by the NADmedia Privacy Policy, available at https://nadmedia.net/privacy-policy/.

13. Arbitration, Governing Law, and Venue

Disputes shall be resolved by binding arbitration through JAMS under California law. Venue shall be San Luis Obispo County, California. You waive the right to a jury trial or class action.

14. Force Majeure

NADmedia shall not be liable for failure or delay due to causes beyond its reasonable control, including natural disasters, cyberattacks, power outages, labor disputes, or third-party failures.

15. Modifications and Severability

NADmedia may revise these Terms at any time by posting an updated version. Your continued use after any update constitutes acceptance. If any provision is held invalid, the remaining provisions remain in effect. It is your responsibility to review these terms periodically, as the terms may be updated.

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All Rights Reserved.