Terms of Use and Service Agreement

Welcome to Instant Ladder, provided by Cloud Minted Solutions LLC (“Instant Ladder,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our marketing and consulting services, software, and any associated websites or digital products (collectively, the “Services”). By signing a proposal, service agreement, or order form with us (“Service Agreement”), you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, you may not access or use our Services.

1. SCOPE OF SERVICES

Services: We offer digital marketing and consulting solutions (e.g., website design, branding, online advertising, content creation, and related services). Specific details, pricing, and deliverables for your purchase will be outlined in your Service Agreement.

Changes to Services: We may update or modify our Services at any time. If a change materially affects your Service Agreement, we will notify you in advance.

2. PAYMENT TERMS

Fees: You agree to pay all fees listed in your Service Agreement. Unless otherwise noted, fees are charged on a monthly or one-time basis, and all payments are due in advance of Service

Billing: Your first payment is due upon signing the Service Agreement (“Effective Date”). Recurring fees will be charged on or around the same date each subsequent month (or year, if applicable).

Payment Methods: We may accept credit cards, ACH, or other forms of payment. You authorize us to charge your provided payment method in accordance with the Service Agreement.

Late or Disputed Payments: If payment is declined, overdue, or disputed, we may pause or terminate Services. You agree to pay any costs of collection, including attorneys’ fees and expenses.

No Refunds: Unless expressly stated in your Service Agreement or required by law, all fees are non-refundable.

3. TERM AND TERMINATION

Initial Term: Your Service Agreement may specify a required minimum commitment (the “Initial Term”). If no term is specified, the default Initial Term is fourteen (14) days.

Automatic Renewal: After the Initial Term, your Agreement will automatically renew on a month-to-month basis unless either party provides at least thirty (30) days’ written notice of cancellation

Early Cancellation: If you cancel before completing the Initial Term, any waived setup fees or onboarding costs become due immediately. These amounts are not penalties but are a reasonable estimate of our upfront costs.

Termination by Us: We may terminate your Agreement at any time if you materially breach these Terms or fail to make required payments. We will provide written notice (email is acceptable) before termination when practicable.

Effect of Termination: Upon termination, you will lose access to our Services, and any unused credits or deliverables may be forfeited unless otherwise specified in your Service Agreement. You remain liable for all fees due through the date of termination (including any early cancellation fees).

4. INTELLECTUAL PROPERTY

Your License to Us: You grant us a limited, non-exclusive, worldwide license to use your logos, text, images, or other content (“Client Content”) as necessary to perform the Services

Deliverables: Upon receipt of your final payment, you own the final creative outputs we expressly label as “deliverables” (e.g., finished logos, approved websites, and final marketing collateral). We retain a non-exclusive license to use and display these deliverables in our marketing portfolio.

Software & Platforms: Our software, templates, and proprietary tools remain our intellectual property. You receive a limited, revocable license to use any software or platform we provide solely for the duration of the Agreement.

5. DISCLAIMERS

No Guaranteed Results: While we aim to improve your marketing efforts, we cannot and do not guarantee any specific performance results (e.g., leads, sales, impressions).

Third-Party Platforms: Our Services may involve or rely upon third-party tools (e.g., website hosting, payment processors, social media). We are not responsible for the functionality or policies of these third parties.

As-Is Basis: The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, or otherwise.

6. LIMITATION OF LIABILITY

Indirect Damages: To the maximum extent allowed by law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

Liability Cap: Except for fees you owe under the Agreement, our total liability shall not exceed the amounts actually paid to us by you for the Services in the twelve (12) months prior to the event giving rise to the claim.

Essential Basis: You understand and agree that these limitations of liability are a fundamental basis of the bargain between you and Instant Ladder.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Instant Ladder, its affiliates, and their respective owners, employees, and agents from and against any losses, damages, or expenses (including reasonable legal fees) arising out of or related to (a) your breach of these Terms or the Service Agreement; (b) your use of the Services in violation of applicable laws; or (c) any claim that your Client Content infringes a third party’s rights.

8. CONFIDENTIALITY

Both parties agree to protect each other’s confidential information (“Confidential Information”) and not disclose it to any third party, except as required to perform the Services or as mandated by law. Confidential Information includes business strategies, financial information, proprietary data, and any information clearly marked or identified as confidential.

9. DISPUTE RESOLUTION

Good Faith Negotiation: In the event of a dispute, both parties agree to attempt in good faith to resolve the issue before pursuing formal legal action

Arbitration: If we cannot resolve the dispute informally, either party may choose to settle the dispute by binding arbitration administered by a recognized arbitration body, with each party responsible for its own costs and attorneys’ fees.

Jurisdiction: If a claim is not subject to arbitration, or if a court finds this arbitration clause unenforceable, disputes shall be brought in the state or federal courts located in [your preferred jurisdiction], and the parties consent to the personal jurisdiction of those courts.

10. MISCELLANEOUS

Force Majeure: Neither party shall be liable for delays caused by events beyond its reasonable control, including natural disasters, government actions, or internet disruptions.

Assignment: You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement as part of a merger, acquisition, or sale of assets.

Updates to Terms: We may update these Terms from time to time. We will notify you of material changes. Your continued use of the Services after changes become effective constitutes your acceptance of the updated Terms

Entire Agreement: These Terms, together with any Service Agreement, constitute the entire agreement between you and Instant Ladder. They supersede all prior or contemporaneous discussions, proposals, or agreements, whether oral or written.

Severability: If any provision of these Terms is held invalid, the remainder shall continue in effect to the maximum extent permissible.

No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Contact: For any questions, notices, or concerns regarding these Terms or our Services, please contact us at: Instant Ladder [email protected] 610-600-9355

Thank you for choosing Instant Ladder. We value your business and look forward to helping you grow!