Terms and Conditions for OTTAGY LLC (referred to in further texts as the Service Provider) AND customers (referred to as “Client” in further text)

1. Services Provided

   With entry into the Service Provider’s different plans, the following services will be provided:

   All Plans

   • 100% Done-For-You backend content fulfillment and management (all plans)
   • 25 content pieces and/or variations of content from 1 piece of original content
     1. 500 variations minimum from 20 videos provided
     2. Color correction
     3. Cuts, splits, and transitions from
     4. Audio correction
     5. Subtitles (English primary, other languages available on request)
     6. Royalty-free sound
     7. Thumbnail and cover images for content pieces (when and where applicable)
   • Dedicated channel on Slack for real-time support
   • Access to a paid cloud-based digital asset management tool which manages all your content pieces

   Tier 2 and 3 Only

   • Community management, response management, and audience engagement on all platforms (Tier 2 and Tier 3 plans)
   • Your Business’s Social Media Content is Fully Managed by our Team
   • 1-on-1 coaching calls available weekly
   • Growth guarantee (10{e6eeb87d5f31713330e9b987cb92d2472e3abe8046e8e8b8dacf0759d402ee12} followers growth for existing creators, on track to 100K followers for aspiring creators)

   Tier 3 Only

   • Logo and brand book creation for visual and branding relevance and consistency
   • Creation and setup for all platforms
     1. Logos
     2. Banners
     3. Covers
     4. Descriptions
   • Research and development on markets, audiences, and platforms in order to provide strategic suggestions and recommendations
   • Scheduling and publishing ready assets on different platforms
   • Month 2 of Tier 1 support inclusive
   • Month 3 of Tier 1 support inclusive
   • Coordination and/or liaison of brand deals and partnerships
   • Strategic insight on product and merchandise launches in the domain of production, operations, eCommerce website, branding, marketing, and paid/organic customer acquisiton

2. Expectations

   • Work will commence after receipt of the agreed-upon payment.
   • The client purchases their own subscription for digital asset management tools, sound and music, as well as any other additional software with specific needs.
   • The monthly minimum HERO videos that the client shares is at least 20 videos per month. The guarantees are not applicable to aspiring and/or existing creators sending less than 20 HERO videos.
   • Length of HERO videos are ideally between 15 to 30 minutes MAX pre-edit. After cuts and splits, the ideal video should be between 8 to 12 minutes max post-edit.
   • The Client uses above average equipment to shoot videos (iPhone 11 minumum)
   • The Client shares videos that are not shaky or blurry.
   • The Client shares videos that has clean, crisp, and clear audio.
   • The Client shares the highest resolution possible.
   • The Client uses the digital asset management tool efficiently.
   • The Client reviews content variations and/or pieces of content in a timely manner to minimize time spent on revisions, resulting efficient publishing and roll-out of content
   • The Client uses and saves all the content variations and/or pieces of content on their personal local and/or cloud drives
   • The Client agrees that OTTAGY LLC or any of its employees or contractors are not liable to the Client in any way for the Client’s results in using the products and services provided by the Service Provider.
   • The Service Provider will work to provide high-quality content variations and/or pieces of content. Content variations and/or piece of content is defined as a video clip, image with text, plain text picked up from the HERO videos a client shares with us. The Service Provider aims to create 25 content variations and/or pieces of content from 1 video that The Client shares with The Service Provider on their preferred digital asset management tool.
   • As with any business agreement, there are risks involved. Content creation is not fool-proof, and more followers or more video views will not help if the fundamentals such as content ideas, production quality, creator commitment, consistency are essentially flawed.

3. Dispute Resolution

   If The Client has any concerns or disputes about the Service, The Client agrees to first try to resolve the dispute by contacting The Service Provider.

4. Refund Policy

   All sales are final and there are no refunds, exchanges, or returns.

5. Cancelation Policy

   This is a month-to-month agreement. This can be canceled at any time and the month after will not be charged to The Client.

6. White-Label Availability

   These digital marketing services can be resold and white-labeled under your own branding for your clients.

7. Release of Liability

   OTTAGY LLC does not offer medical, legal or other professional advice. All information is intended for educational purposes only. In consideration of my participation in the program(s), I, my heirs, legatees, assigns, agents, officers, directors, shareholders and co-workers hereby release OTTAGY LLC, heirs, assigns, agents, officers, directors, and shareholders, assistant instructors, experts, and teachers, from any and all claims, demands, or causes of action arising from my participation in this agreement. All views expressed on any digital and/or social media platform are of mine, my heirs, legatees, assigns, agents, officers, directors, shareholders and co-workers, are my own, and not of OTTAGY LLC, known as The Service Provider on this agreement.

8. Mutual Indemnification

   The Client and The Service Provider will, at their own expense, defend, indemnify, and hold each other, and their agents, contractors, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

9. Guarantee

   The Service Provider guarantees Aspiring Creators to be on track for 100K followers within the first 90 days, and gurarantees Existing Creators to be on track for a 10{e6eeb87d5f31713330e9b987cb92d2472e3abe8046e8e8b8dacf0759d402ee12} increase in followers within the first 90 days. If The Service Provider fails to achieve this, The Service Provider works with The Client free of charge until they achieve the said numbers.

   Should the numbers guaranteed not be achieved within the first 90 days, The Client is still liable to pay for their digital asset management tool, cloud storage, or any other specific and/or special software purchased for The Client, by The Service Provider.

   The Service Provider reserves the right to review guarantees, and the guarantees may deem to be null and void in such scenarios;

   • Client Misrepresentation: If The Client misrepresents their audience demographics, engagement metrics, or past collaborations, it can affect The Service Provider’s strategic approach to produce content variations and/or pieces of content which could make it difficult to achieve the guaranteed results. The intentional misrepresentation or failure to disclose relevant information would void the guarantee.
   • Client Non-Cooperation: The agency’s success relies on the client’s collaboration and responsiveness. The guarantee can be void if the client fails to provide timely content, feedback, or approvals, or if they deviate from the agreed-upon campaign strategy.
   • Force Majeure Events: Unforeseeable events like natural disasters, pandemics, wars, social and politcal crises, or social media platform changes can significantly impact follower growth. The Service Provider is not liable to fulfill guarantees in the case of such events beyond control.
   • Platform Algorithm Changes: Social media platform algorithms change frequently, which can affect organic reach and follower growth. You could stipulate that the guarantee applies to the current algorithm at the time of the agreement, and any subsequent changes wouldn’t be grounds for voiding the guarantee unless the agency fails to adapt the campaign accordingly.
   • Fraudulent Activity: If the client or any affiliated party engages in fraudulent activities like buying followers or using bots, it can inflate metrics and invalidate the guarantee. You could clearly state that such actions would void the agreement and potentially lead to legal repercussions.
   • Timely Publishing: Trends on social media move really quickly. The Client’s efficiency to post content variations and/or pieces of content sent by The Service Provider is paramount for guaranteed results. Ineffeciency to publish approved content in a timely manner could deem the guarantee null and void.
   • Consistently Creating: The algorithm punishes inconsistencies. The Service Provider’s offers revolves around content variations and/or content pieces to ensure that the algorithm rewards The Client. Should The Client fail to create and provide content regularly, it could result the guarantee as null and void.
   • Political, Social, Religious Issues, and Controversy: With influence comes responsibility. Should The Client express extremely controversial opinions in order to invoke extreme sentiments, The Service Provider shall not be liable to honor the guarantee in case of loss of followers.
   • Brand Partnerships: Any brand deals or partnerships taking place outside of The Service Provider’s knowledge, which result in monetary or other losses, could deem the guarantees null and void.

10. Contact Us

    If you have any questions about these Terms and Conditions, You can contact us:

    • By email: nash@ottagy.com
    • By phone number: +1 719 831 9694
    • Customer service availability: Monday-Friday, 9 am to 5 pm (EST)