Terms and Conditions - Encore Black Label

Terms and Conditions

Effective Date: 9/24/2025

Encore Black Label and Arizona Limited Liability Company

Acceptance of Terms

By accessing or using our website, client portal, or related services (“Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you must not use the Services.

We reserve the right to update or modify these Terms at any time in our sole discretion. Changes are effective immediately when posted, and continued use of the Services constitutes acceptance of the revised Terms.

Services Provided

We operate as a management agency for online influencers and content creators. Our Services include but are not limited to, website access, contact forms, and analytics, a secure portal for clients/influencers to upload and access personal data, contracts, AI avatars, photos, videos, and related materials and marketing, management, and support services as further detailed in signed contracts.

Each influencer/client engagement is governed by a separate written contract. These Terms govern use of the website and portal.

Eligibility

You represent that you are at least 18 years old and legally able to enter into binding agreements. If you register on behalf of a company or entity, you represent you have authority to bind that entity.

User Accounts

Access to the portal requires registration. You are responsible for maintaining the confidentiality of login credentials and for all activities that occur under your account. We may suspend or terminate access at any time in our sole discretion.

Intellectual Property

All content, software, designs, logos, graphics, and materials created by or for Encore Black Label are owned by or licensed to us. You may not copy, modify, distribute, or create derivative works without our written consent.

Clients and influencers retain rights in their own uploaded content but grant us a license to use, store, reproduce, and display such content as necessary to provide the Services and perform contractual obligations.

Any AI avatars or derivative works created through our Services remain subject to the license terms specified in the relevant contract.

Links to Third-Party Websites

Our website and portal may contain links to external websites or services not owned or controlled by us. We do not endorse, and are not responsible for, any third-party content, policies, or practices. Use of third-party sites is at your own risk.

Disclaimer of Warranties

Your use of the Services is at your sole risk. 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 uninterrupted operation.

We make no guarantee that the Services will be error-free, secure, or that any particular outcome will result from using our Services.

Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption. Our total liability to you for any claims arising out of or relating to these Terms or the Services will not exceed $100. Some states do not allow certain disclaimers, so some limitations may not apply.

Termination and Suspension

We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason in our sole discretion, including violation of these Terms.

Upon termination, your right to use the Services will immediately cease. Provisions intended to survive termination (IP rights, disclaimers, indemnity, limitations of liability) shall remain in effect.

Indemnification

You agree to indemnify, defend, and hold harmless [Your Agency Name, LLC], its officers, employees, and affiliates from and against any claims, damages, liabilities, and expenses arising from: A.) your use of the Services, B.) content you upload or share, C.) Violation of these Terms or applicable law.

Governing Law and Jurisdiction

These Terms shall be governed by and construed under the laws of the State of Arizona, without regard to conflict of law principles. Any legal action shall be brought exclusively in state or federal courts located in Arizona, and you consent to jurisdiction there.

Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, at our sole discretion.

Entire Agreement

These Terms, along with any signed contracts between us and clients/influencers, constitute the entire agreement relating to website and portal use. They supersede all prior understandings or agreements.