Terms of Service

1Your agreement comes first

Our work for you is set out in the proposal and agreement you sign in the portal: the services agreement, the scope of work and, for Partner, the equity terms. If anything in these terms conflicts with your signed agreement, the agreement wins.

2The website

• Prices on effctiv.com are starting prices. Every project starts with an audit and a fixed quote, and your signed agreement sets the price and payment schedule.
• The Leak Finder is a calculator. Its numbers come from what you enter. They are estimates, not a promise of results.
• Timelines such as "live in 14 days" describe how our projects usually run. The commitment for your project, including what happens if we miss a date for reasons on our side, is in your agreement.
• Sending us a brief does not create an agreement or an obligation for either of us.

3Portal accounts

• Accounts are by invitation, for our clients and their teams and for our own team.
• Keep your sign in methods private. Tell us right away at hello@effctiv.com if you think someone else has used your account. You are responsible for what happens under it.
• Your company's account owner decides who on your team has access and with what role, and can remove people.
• We may suspend access to protect the portal or other clients, for example after suspicious sign ins, and we will tell you why when we can.

4Your content

• You keep ownership of everything you and your team upload or write in the portal: files, answers, messages, logins and feedback.
• You allow us to use it to do the work, run the portal and keep records, including through the service providers listed in our Privacy Policy.
• Only share what you have the right to share. Logins you store in the vault must be for accounts you may give us access to, and we use them only for your project.
• Do not upload anything unlawful or harmful.

5The work we deliver

Ownership of the work passes to you as your agreement says: once you have paid in full, the final deliverables are yours, set up in your name. We may keep working files, and we may show the work in our portfolio unless you ask us not to.

6Using the portal well

Please do not use the portal to break the law, try to reach accounts or information that are not yours, probe, scan or overload our systems, copy, resell or reverse engineer the portal, upload malicious software, or send spam.

7Electronic signatures and records

You agree to receive records and to sign agreements electronically in the portal. Before you sign, the portal shows the full consent, including how to get a paper copy and how to withdraw your consent. An electronic signature has the same effect as a handwritten one.

8Fees and payment

• Projects are paid in full up front. The whole fee is due when you sign, and work starts once the payment clears.
• Monthly plans are paid like rent. Each month's fee is due on the 1st, for that month's work. When a plan starts partway through a month, the first payment covers the days left in it.
• Cancelling a monthly plan takes 30 days written notice, and a message in the portal counts. We bill through the month in which the notice period ends, and the plan stops after that.
• Payments are not refundable.
• Late payments. Invoices are due when issued. If one is still unpaid 3 business days (Monday to Friday) after it is due, a late fee of 1.5% of the unpaid amount is added, and again each month it stays unpaid. Work stops while a payment is late and picks up again once your account is paid.
• Payments go through Stripe, and Stripe's terms apply to the payment itself.

9AI features

Some portal features use AI to draft, summarize or transcribe. Someone on our team reviews AI drafts before they are sent to you. AI can make mistakes, so check anything important, and tell us if something looks wrong.

10Other services

The portal works with outside services such as Stripe and video meetings, and with your own accounts. Their terms apply when you use them, and we are not responsible for them. Links to other sites are there for convenience.

11Confidentiality

We treat what you share in the portal as confidential. We use it only for your project, and share it only with the people and providers described in our Privacy Policy or when the law requires it.

12Availability

We work to keep the portal running and your information safe, but we cannot promise it will always be available or free of errors. We may improve or change features, and we will give notice before removing something you rely on.

13Warranties and liability

Except as your signed agreement says, the sites and the portal are provided as is and as available, without warranties of any kind, as far as the law allows.

As far as the law allows, we are not liable for indirect or consequential losses, such as lost profits or lost data. Our total liability for anything arising from the sites or the portal is limited to the fees you paid us in the twelve months before the claim, or $100 if you have not paid us anything. The limits in your signed agreement apply to the project work itself.

If you misuse the sites or the portal, or share content you had no right to share, and someone makes a claim against us because of it, you will cover our reasonable costs of that claim.

14Ending

You can stop using the sites at any time. When a project ends, your handover includes everything that is yours, and your account owner can download your files. We may close an account that breaks these terms, with notice when we can. Payments already made are not refunded when an account or agreement ends. The parts of these terms that by their nature should continue, such as ownership, payment, confidentiality and liability, continue after an account closes.

15Text messages

Effctiv project reminders: if you turn on texts in the portal's Notifications settings and add your mobile number, we text you when something we need from you is overdue. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help, or turn texts off in Notifications. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your number.

16Changes to these terms

We may update these terms. We will change the date at the top and, for meaningful changes, tell portal users before they take effect. Using the sites after that means you accept the update.

17Governing law

These terms are governed by the laws of the State of Oregon, without regard to its conflict of law rules. If a dispute comes up, we will both try to settle it by talking first. If that fails, it goes to the state or federal courts in Jackson County, Oregon.

18Contact us

Questions: hello@effctiv.com. Legal notices: legal@effctiv.com.

Pull Different Technologies LLC, doing business as Effctiv Studio