Minara Creative Marketing

Terms Of Service

Last Updated: October 12th, 2025

Legal Entity: Minara Creative Marketing, LLC (“Minara,” “we,” “us,” “our”)
Website:
https://minaracreativemarketing.com
Contact Email: [email protected]
Address: 254 Chapman Rd, Ste 208 #14535, Newark, DE, USA

1. Acceptance of Terms

By accessing or using our website, services, AI workflows, SMS/voice messaging, dashboards, or any related offerings (collectively, “Services”), you agree to these Terms. If you do not agree, do not use the Services.

2. Changes to Terms

We may modify these Terms occasionally. The “Last Updated” date reflects the current version. We may notify you via email or in-app message. Continued use after changes indicates your acceptance.

3. Eligibility & Accounts

You must be at least 18 years old or legally capable of entering binding agreements. If you create an account, you are responsible for:

- Maintaining the confidentiality of login credentials
- All actions performed under your account
- Promptly notifying us of unauthorized use (email: [email protected])

4. Description of Services

Minara provides marketing services for MSPs/IT service providers, including funnel creation, ads management, lead generation, CRM/PSA integrations, nurture automation, analytics, and related consulting (“Services”). We reserve the right to modify or discontinue features at any time.

5. Your Responsibilities

You agree to:

- Provide accurate and current information (business, contacts, etc.)
- Obtain and maintain lawful consent from your leads/customers before we send messages or calls on your behalf
- Use our Services in compliance with all applicable laws, regulations, and carrier rules (e.g. TCPA, CAN-SPAM, CTIA, GDPR, CCPA)
-Include required opt-out instructions (“Reply STOP to opt out, HELP for help”) in any custom message templates you supply

6. Messaging, Calling & A2P 10DLC Compliance

If you enable us to send texts or place calls on your behalf:

- Consent: You represent that all recipients have provided the legally required consent
- Opt-Out: We will honor STOP/HELP requests immediately and maintain an opt-out list
- Content: You agree not to instruct us to send prohibited, deceptive, or unlawful content
- Recordkeeping: We may log consent records, message content, and opt-outs to demonstrate compliance
- Carriers: Carriers are not liable for delays or message failures

Violation of these provisions may result in immediate suspension or termination of Services.

7. Fees, Billing & Refunds

Your fees (setup, retainers, ad management, etc.) will be detailed in your agreement or invoice. Unless otherwise specified:

- Fees are due upon receipt and are non-refundable
- Late payments may lead to suspension of Services
- We may adjust pricing with reasonable notice (not affecting committed/paid amounts)

8. Term; Termination

These Terms remain in force during your use of our Services. We may suspend or terminate your access in case of breach or misuse. You may cancel per the terms of your agreement. Upon termination, we may delete or archive your data consistent with our data retention policy.

9. Intellectual Property

All software, models, templates, copy, designs, dashboards, and content we deliver remain our property or that of our licensors. You receive a limited license to use them solely to use the Services. You grant us a non-exclusive license to use your data and messaging content to deliver, maintain, and improve the Services.

10. Confidentiality

Each party agrees to maintain the confidentiality of non-public, proprietary information received during the relationship. This excludes information that is publicly known, independently developed, or received lawfully from third parties.

11. Data Protection & Privacy

Your use of the Services is governed by our Privacy Policy:
https://minaracreativemarketing.co/privacy-policy
By using our Services, you permit us to collect, use, and disclose personal data as outlined there.

12. Prohibited Uses

You agree not to use our Services (and not to enable others to use them) to:

- Send spam, unlawful, deceptive, harassing, or abusive content
- Transmit viruses, malware, or harmful code
- Reverse engineer or misuse our software/infrastructure
- Bypass security or rate limits
- Violate any law or rights of any third party

13. Warranties & Disclaimers

We provide the Services “as is” and “as available.” To the maximum extent permitted by law, we disclaim all express or implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific results, conversions, or performance.

14. Limitation of Liability

To the fullest extent permitted by the law:

- We shall not be liable for indirect, incidental, consequential, punitive, or special damages (including lost profits or data)
- Our total liability for any claim shall not exceed the fees you paid us in the three (3) months preceding the claim
- If local law prohibits such limits, they apply only to the maximum extent permitted.

15. Indemnification

You agree to indemnify, defend, and hold harmless Minara, its officers, employees, and agents from claims, damages, liabilities, losses, costs, or expenses (including attorneys’ fees) arising from:

- Your use of our Services
- Violation of these Terms
- Messages or calls you request without proper consent
- Your violation of law or third-party rights

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflicts of law. Venue and jurisdiction shall lie exclusively in the state or federal courts located in Delaware.

17. Force Majeure

We are not liable for delays or failures due to events beyond our control (natural disasters, outages, strikes, carrier disruptions).

18. Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights freely (e.g. to an affiliate or in a merger).

19. Entire Agreement

These Terms, along with your service agreement or order forms and our Privacy Policy, constitute the entire agreement between you and Minara. In case of conflict, your signed service agreement prevails over these Terms.

20. Severability & Waiver

If any provision is found unenforceable, the remaining provisions remain in full force. Failure to enforce any right is not a waiver of that right.

21. Contact

Questions regarding these Terms may be directed to [email protected] or by mail to:

Minara Creative Marketing, LLC
254 Chapman Rd, Ste 208 #14535
Newark, DE, USA