Terms of Service

Smash Face Media LLC
Effective Date: February 13, 2026

OVERVIEW

Welcome to Smash Face Media! The terms “we”, “us” and “our” refer to Smash Face Media LLC (“Company”). Smash Face Media LLC operates this website, including all related information, content, features, tools, products, subscriptions, and services (the “Services”).

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights, obligations, and responsibilities when you use the Services or purchase or subscribe to any offering.

Please read these Terms carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, or purchasing/subscribing to any offering, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, do not use the Services.

SECTION 1 — SERVICE AGREEMENT & SUBSCRIPTION OVERVIEW

1.1 Nature of Services

We provide subscription-based digital services, including but not limited to: website design/development, website hosting/infrastructure management, SEO, local SEO management, conversion optimization, Shopify development, and ongoing website expansion and optimization.

1.2 Subscription Management & Cancellation (No Advance Notice Required)

Clients can manage their subscription (including cancellation) through their customer account/dashboard. If you cancel, cancellation rules in these Terms apply (including website ownership/transfer rules depending on payments made).

Unless stated otherwise on a product page or in writing, cancellation will take effect at the end of the current paid billing period. We do not provide partial refunds for unused time in a billing period.

1.3 Delivery & Timeline Terms Governed by Section 11

Service delivery, onboarding, project timelines, revisions, completion standards, and delay terms are governed by Section 11 of these Terms.

SECTION 2 — NO GUARANTEES; PERFORMANCE DISCLAIMER

Smash Face Media LLC provides digital marketing and website services using professional strategy, technical expertise, and structured optimization systems. However, you acknowledge and agree:

2.1 No Ranking Guarantees

We do not guarantee: specific rankings, Map Pack placement, “Top 3,” “Page 1,” any specific keyword position, or retention of rankings once achieved. Search and map algorithms are controlled by third parties and change frequently.

2.2 No Traffic Guarantees

We do not guarantee increases in traffic, impressions, clicks, or geographic visibility. Results depend on competition, market demand, seasonality, industry changes, algorithm updates, and factors outside our control.

2.3 No Lead, Revenue, or Conversion Guarantees

We do not guarantee a specific number of leads, calls, form submissions, conversion rates, revenue increases, or business growth outcomes. Business performance depends on many variables outside our control (pricing, operations, reputation, competition, sales processes, demand, etc.).

2.4 Website Performance Disclaimer

For website development and ongoing SEO/optimization services: we do not guarantee search rankings, traffic growth, conversion increases, or revenue growth. Websites are strategic assets, not guaranteed revenue engines.

2.5 Local SEO Performance Disclaimer

For local SEO services: we do not guarantee Map Pack placement, specific GBP ranking positions, review volume, or competitor displacement. Local visibility depends on competition, proximity, relevance, algorithm changes, and user behavior.

2.6 AI & Automation Disclaimer

Some services may use AI-assisted tools/automation. AI systems are probabilistic and may produce variable results and are subject to platform limitations and algorithm changes. We provide oversight and strategy, but outcomes are not guaranteed.

2.7 Acknowledgment of Risk

Digital marketing involves inherent uncertainty. Rankings and traffic may increase, decrease, or fluctuate at any time. Your purchase is based on professional service delivery and systems provided, not guaranteed outcomes.

2.8 No Refunds Based on Performance Expectations

Refunds will not be issued based on performance expectations (rankings/traffic/leads/revenue/conversions).

SECTION 3 — WEBSITE OWNERSHIP & TRANSFER POLICY

3.1 Ownership for Subscription Website Builds (12 Payments Required)

For subscription-based website products (non-Shopify builds), you do not obtain ownership of website files, structure, or proprietary build systems until we have received twelve (12) full subscription payments.

Annual prepay plans count as twelve (12) full payments immediately upon successful payment.

If payments pause, fail, or are not collected, ownership is based on payments received, not calendar months.

If you cancel before we have received twelve (12) full payments:

We will not transfer website files.
We will not migrate the website to a new host.
Website infrastructure and build systems remain Company property.

3.2 Transfer After 12 Payments

After twelve (12) full subscription payments are received, you may request a transfer of website files. Transfer does not include third-party licenses, Company infrastructure, or Company-managed security/performance systems.

Non-transferable items include, but are not limited to:

GeneratePress Premium
GenerateBlocks Pro
Jetpack / Jetpack Protect / Jetpack Backup
Akismet
Yoast SEO Premium
WPCode
Company CDN
Company Web Application Firewall (WAF)

If you transfer away, you are responsible for purchasing replacement licenses and comparable infrastructure/security services.

3.3 Shopify/E-commerce Builds

Shopify builds are hosted and owned under the client’s Shopify account. Ownership of the Shopify store configuration and theme customization transfers to the client upon receipt of the applicable initial payment and the first subscription payment, subject to any third-party licensing limits and Shopify’s platform terms.

SECTION 4 — LOCAL SEO SERVICE TERMS

4.1 Verified Google Business Profile Requirement (No GBP Setup/Verification)

Local SEO services require an existing verified Google Business Profile (GBP). We do not create GBPs, provide verification services, or guarantee verification outcomes.

4.2 Local SEO Billing Pause Option (Until GBP Is Verified)

If you purchase Local SEO (standalone) and you do not have a verified GBP, you may request a billing pause until verification is completed.

While paused, Local SEO execution is not active and Local SEO timelines do not run.

Once verification is complete and required access is granted, services can be activated under the timeline terms in Section 11.

If Local SEO is bundled with a website plan, the website subscription may continue independently unless you cancel that subscription.

4.3 No Ranking Guarantees

Local SEO does not include ranking guarantees, Map Pack guarantees, or immediate results guarantees.

SECTION 5 — INITIAL PAYMENTS

All initial payments are:

One-time charges
Non-refundable
Required prior to service initiation (unless otherwise stated)

Initial payments compensate for planning, architecture, infrastructure configuration, onboarding preparation, and initial implementation work.

SECTION 6 — CLIENT RESPONSIBILITIES & CONTENT RIGHTS

6.1 Client Cooperation

You agree to provide timely information, approvals, and access necessary for us to perform services. Delays caused by you may delay delivery (see Section 11).

6.2 Rights to Materials

You represent and warrant that you own or have permission to use all logos, photos, videos, copy, trademarks, and other materials you provide. You are responsible for ensuring your content does not infringe third-party rights.

6.3 Compliance & Claims

You are responsible for the legality and compliance of your business claims, offers, pricing, and industry-specific regulations (including advertising rules for regulated industries). We are not responsible for legal compliance of your business operations or claims.

SECTION 7 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent you are at least the age of majority in your jurisdiction. You may be asked to provide information such as your email address, billing/payment information, and other account details. You represent and warrant all information you provide is correct, current, and complete.

You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 8 — OUR PRODUCTS AND OFFERINGS

We try to accurately represent our products and services, but visuals and appearance may differ based on your device/display settings. All product descriptions are subject to change without notice at our sole discretion. We reserve the right to discontinue any product and may limit offerings on a case-by-case basis.

SECTION 9 — ORDERS

When you place an order, you are making an offer to purchase. We may accept or decline orders in our discretion. Your order is not accepted until we confirm acceptance and process payment.

Purchases are subject to our Refund Policy [LINK].

You represent and warrant your purchases are for legitimate business or commercial use and not for unlawful resale or redistribution.

SECTION 10 — PRICES, BILLING, SUBSCRIPTIONS & ANNUAL ADJUSTMENTS

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be shown in your order confirmation. Unless stated otherwise, prices do not include taxes or other applicable fees.

You agree to provide current, complete, and accurate billing and account information and to update it as needed.

10.1 Subscription Billing

Certain offerings are subscription-based and billed on a recurring monthly or annual basis. By purchasing a subscription, you authorize recurring charges until you cancel via your customer dashboard.

10.2 Annual Subscription Rate Adjustments (Up to 10%)

We reserve the right, and intend, to adjust subscription pricing once per calendar year by up to, but no more than, ten percent (10%) of the then-current subscription rate to reflect factors such as inflation, rising software/hosting/infrastructure costs, labor costs, and operational expenses.

We will provide reasonable advance notice before a rate increase becomes effective. Continued use after the effective date constitutes acceptance. If you do not agree, your remedy is to cancel your subscription.

SECTION 11 — SERVICE DELIVERY, ONBOARDING & PROJECT TIMELINES

Because we provide digital services (not physical goods), traditional shipping and delivery terms do not apply. This section governs service commencement, onboarding, delivery timelines, revisions, and completion standards.

11.1 Work Commencement

Work is considered commenced on the date we initiate onboarding after receipt of initial payment. Onboarding initiation includes actions such as sending onboarding emails, scheduling onboarding calls, requesting information/assets, or requesting access credentials.

11.2 Onboarding Process & Client Obligations

Within three (3) business days of initial payment, we will initiate onboarding via email and/or an onboarding call.

Onboarding may require you to provide:

Business information and brand assets
Content materials and service descriptions
Access credentials (domain registrar/DNS, hosting, analytics, GBP manager access, etc.)
Approvals necessary to proceed

You are solely responsible for timely submission of required materials and granting required access.

11.3 Timeline Activation (When the Clock Starts)

Although work commences upon onboarding initiation, delivery timelines do not begin until:

all required onboarding items are received; and

all required access credentials are granted; and

required approvals to proceed are provided.

Until then, timelines are paused.

11.4 Website Delivery Timeline

For website-based services, we require up to thirty (30) business days to deliver a website ready for publication. The 30-day period begins only after onboarding requirements are fulfilled (11.3).

11.5 Local SEO Activation Timeline

For Local SEO services, activation occurs within seven (7) business days after onboarding requirements are fulfilled (11.3) and required GBP access is granted (and GBP is verified).

11.6 Revisions & Completion Standards (Unlimited Reasonable Revisions)

We offer unlimited reasonable revisions. However:

revisions may not be used to unreasonably delay publication;

a website is considered delivered once it is structurally complete, functional, and publish-ready within the agreed scope;

continued revision requests beyond the standard timeline do not delay fulfillment status;

scope-expanding requests may require additional time and/or a separate agreement.

11.7 No Refunds for Completed Work / Client Delays

Initial payments are non-refundable. Work performed during onboarding, strategy, architecture planning, design, development, SEO structuring, configuration, or system preparation is billable work. Client delays do not constitute non-delivery.

11.8 Delays Beyond Our Control

We are not responsible for delays caused by:

client inaction or delayed responses
failure to provide required onboarding materials/access
third-party platform restrictions or outages (Google, Shopify, WordPress, hosting providers, etc.)
DNS propagation delays or domain/hosting issues
platform review/verification delays

11.9 Chargeback Protection Notice

Because services begin upon onboarding initiation and include immediate labor and preparation, clients acknowledge that chargebacks may be disputed using documentation of onboarding initiation, correspondence, access requests, progress, and completed work.

SECTION 12 — DATA RETENTION AFTER CANCELLATION OR TERMINATION

After cancellation or termination, we may retain website files, backups, or access for up to thirty (30) days for administrative closeout. After that period, we may delete or remove access and have no obligation to maintain backups, files, or configurations unless otherwise agreed in writing.

SECTION 13 — INTELLECTUAL PROPERTY

All proprietary systems, frameworks, build structures, internal linking systems, templates, automation processes, and methodologies remain Company intellectual property.

You retain ownership of your brand assets and content you provide. You grant us a limited right to use your content solely to perform services and operate your website/SEO systems.

Our Services (including site content, text, displays, images, graphics, videos, and the design/arrangement thereof) are owned by Smash Face Media LLC, its affiliates, or licensors and are protected by intellectual property laws.

These Terms permit you to use the Services for your internal business purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services except as permitted by us in writing. All rights not expressly granted are reserved.

Smash Face Media LLC names, logos, product/service names, designs, and slogans are trademarks of Smash Face Media LLC. Shopify’s name/logo and related marks are trademarks of Shopify. All other marks belong to their respective owners.

SECTION 14 — OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsement. Your use of third-party tools is at your own risk.

SECTION 15 — THIRD-PARTY LINKS

We are not responsible for third-party websites, content, or materials you access through links or embeds. You access them at your own risk.

SECTION 16 — SMS COMMUNICATIONS

To receive SMS updates from Smash Face Media LLC, text OPTIN to (949) 804-7998. Reply STOP to opt out. Reply HELP for help. Standard rates apply, and message frequency may vary. Your info won’t be shared with third parties.

SECTION 17 — RELATIONSHIP WITH SHOPIFY

The Smash Face Shop is powered by Shopify. However, purchases are made directly with Smash Face Media LLC, not Shopify. You acknowledge Shopify is not responsible for any aspect of sales between you and Smash Face Media LLC and you release Shopify and its affiliates from claims arising from such transactions.

SECTION 18 — PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy [LINK]. By using the Services, you acknowledge you have read these policies.

SECTION 19 — FEEDBACK

If you submit ideas, suggestions, feedback, or reviews (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose. You represent you have the rights necessary to grant this license.

SECTION 20 — ERRORS, INACCURACIES AND OMISSIONS

We may correct errors, inaccuracies, or omissions and change or update information or cancel orders if information is inaccurate at any time without prior notice.

SECTION 21 — PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to misuse the Services, infringe IP rights, harass others, transmit malware, spam, scrape, or interfere with security features. We may suspend or terminate access for violations.

SECTION 22 — TERMINATION

We may terminate this agreement or your access to the Services in our discretion at any time. You remain liable for amounts due up to the date of termination. Sections that by their nature should survive termination will survive.

SECTION 23 — DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available” without warranties of any kind, either express or implied, to the fullest extent allowed by law.

SECTION 24 — LIMITATION OF LIABILITY

To the fullest extent provided by law, Smash Face Media LLC and their respective affiliates/partners/employees/agents will not be liable for indirect, incidental, punitive, special, or consequential damages. If liability is found, total liability shall not exceed the total subscription payments made by you in the preceding six (6) months.

SECTION 25 — INDEMNIFICATION

You agree to indemnify and hold harmless Smash Face Media LLC and their affiliates from claims arising out of your breach of these Terms, your violation of law, or your use of the Services.

SECTION 26 — SEVERABILITY

If any provision is unlawful or unenforceable, the remainder will remain in effect.

SECTION 27 — WAIVER; ENTIRE AGREEMENT

Failure to enforce any right is not a waiver. These Terms and referenced policies are the entire agreement between you and us.

SECTION 28 — ASSIGNMENT

You may not assign these Terms without our written consent. We may assign these Terms without notice.

SECTION 29 — GOVERNING LAW; VENUE

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. You agree to exclusive jurisdiction and venue in the state or federal courts located in Orange County, California.

SECTION 30 — HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 31 — CHANGES TO TERMS

We may update these Terms by posting changes on our website. Your continued use after changes become effective constitutes acceptance.

SECTION 32 — CONTACT INFORMATION

Questions about these Terms should be sent to: support@smashfacemedia.com.

Smash Face Media LLC
EIN: 41-3768553
3505 Cadillac Ave Building M 204
Costa Mesa, CA 92626

Phone: (949) 257-2634
support@smashfacemedia.com