Terms of Service

Last updated: May 19, 2026

These Terms of Service ("Terms") govern your access to and use of services provided by Elyvra LLC, a New Mexico limited liability company with its registered address at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States ("Elyvra," "we," "us"), including the website at elyvramedia.com and any social media management, content production, or related professional services delivered under a written engagement.

By engaging Elyvra to perform services, or by using our website, you ("Client," "you") agree to these Terms.

1. Services

Elyvra provides social media management and content production services, including content strategy, creative production, short-form video and UGC production, community management, and performance reporting. The specific scope, deliverables, schedule and price for each engagement are set out in a written Statement of Work (SOW) or order form referenced by these Terms.

1.1 Client eligibility

Elyvra does not provide services for, and reserves the right to decline or terminate engagements involving, any business that is prohibited or restricted under our payment processor's policies. This includes, but is not limited to: illegal activity, adult content, gambling, unregulated financial services, multi-level marketing schemes, cryptocurrency token sales, deceptive marketing, and any business making unrealistic income or health claims. Elyvra evaluates fit on each engagement.

2. Fees and Billing

Each monthly service package is paid by a one-time invoice or payment link before work begins for the applicable service month. Project-based fees are billed as set out in the SOW. All amounts are stated in US dollars (USD) and exclude applicable sales or value-added taxes, licensed music, stock footage and any third-party UGC creator fees, which Client is responsible for at cost.

Payments are processed by Stripe, Inc. Each invoice or payment link represents a one-time charge for the applicable service month. Late payments accrue interest at 1.0% per month or the maximum permitted by law, whichever is lower.

2.5 Fulfillment & Delivery

Service delivery begins after (i) payment of the first invoice for the applicable service month, (ii) execution of the SOW, and (iii) completion of onboarding. Onboarding takes five to seven (5–7) business days and covers brand intake, account access setup, voice and visual guardrails, and confirmation of in-scope platforms.

The 30-day content calendar is delivered to Client for written approval by day 7 of the applicable service month. Production of static designs and, where included in the tier, short-form video begins only after Client’s written approval of the calendar. Each piece of creative includes the structured revision rounds set out in Section 6 (Revisions).

Final deliverables are delivered through (a) email, (b) a shared workspace such as Google Drive, Notion or Dropbox, or (c) direct posting through approved social account access, as specified in the SOW. An end-of-month text performance summary is delivered on the Scale tier within five (5) business days of the end of the service month. The Starter and Growth tiers do not include a monthly performance summary.

If a service month cannot be started within fourteen (14) days of the invoice due date because of outstanding Client deliverables (credentials, brand assets, approvals), the production schedule shifts day-for-day, and Elyvra remains obligated to deliver the full scope of the paid service month. Elyvra is not responsible for delays attributable to Client, platform outages, third-party service providers, or events outside Elyvra’s reasonable control.

3. Billing Model — No Automatic Renewal

Elyvra provides monthly service packages paid by one-time invoice or payment link. Payment is due before work begins for the applicable service month. Elyvra does not automatically renew plans or charge clients on a recurring basis. Future months are invoiced only after written client approval of the next service month's scope.

To stop after the current service month, the Client simply does not approve a new invoice — no cancellation notice is required. The Client receives the deliverables paid for in the current service month, and no further charges are made.

Refund eligibility for the current paid service month is addressed in our Refund Policy, which is incorporated into these Terms by reference.

4. Term and Termination for Cause

Either party may terminate the engagement immediately for material breach uncured after fifteen (15) days' written notice. On termination, Client pays for all services performed and deliverables completed through the effective date of termination.

5. Intellectual Property

All creative deliverables produced by Elyvra under an engagement are work-for-hire. Upon receipt of full payment for the applicable service month, Elyvra assigns to Client all right, title and interest, including all copyrights, in the final delivered creative. Source files are released on final payment.

Elyvra retains the right to use general knowledge, skills, and experience gained in the engagement. Elyvra may not use Client's confidential information or identifying client work in marketing materials or case studies without Client's prior written consent.

Where third-party assets are used (UGC creator content, licensed music, stock footage, etc.), Client receives the rights set out in the applicable third-party license. Costs for third-party assets are billed to Client at cost.

6. Revisions

Each content calendar includes one structured revision round on the Growth and Scale tiers; the Starter tier does not include calendar revisions. Each piece of creative includes one structured revision round. Additional revisions are available at the hourly rate set out in the SOW.

7. Client Responsibilities

Client agrees to provide timely access to social account credentials (or appropriate publishing access), brand assets, subject-matter experts, and feedback necessary for Elyvra to perform services. Timelines stated in an SOW assume reasonable client responsiveness; delays caused by Client may extend deadlines on a one-for-one basis. Client remains responsible for compliance with all applicable advertising disclosure laws and platform terms of service.

8. Account Access & Security

Where Client grants Elyvra access to social media accounts, Elyvra will use industry-standard practices to protect those credentials and limit access to assigned team members. Elyvra is not liable for unauthorized changes made to Client accounts by parties other than Elyvra-assigned team members during the engagement.

9. Confidentiality

Each party agrees to keep confidential any non-public information of the other received in connection with the engagement, and to use that information only to perform under, or receive the benefit of, this agreement. This obligation survives termination for three (3) years.

10. Warranties and Disclaimers

Elyvra warrants that services will be performed in a professional, workmanlike manner consistent with industry standards. EXCEPT FOR THIS WARRANTY, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Elyvra does not warrant any specific business outcome (follower counts, engagement rates, leads, revenue) from delivered content. Social media platform algorithms, audience response, and market conditions are outside Elyvra's control.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE, ARISING FROM OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THESE TERMS IS CAPPED AT THE TOTAL FEES PAID BY CLIENT TO ELYVRA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

Each party will defend, indemnify and hold the other harmless from third-party claims arising from the indemnifying party's gross negligence, willful misconduct, or breach of these Terms.

13. Chargebacks and Disputes

If you have a billing question or believe a charge was made in error, please contact Elyvra at contact@elyvramedia.com first so we can investigate and resolve the matter quickly. Most billing questions are resolved within one business day.

If a chargeback is filed for services already rendered or delivered, Elyvra will provide the card issuer with the signed service agreement, invoices, approval records, and delivery evidence in support of the charge.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in New Mexico, and the parties consent to personal jurisdiction there.

15. Miscellaneous

These Terms, together with any executed SOW and the Refund Policy, constitute the entire agreement between the parties on this subject. Modifications must be in writing and signed by both parties. If any provision is unenforceable, the remainder remains in effect. Neither party may assign these Terms without the other's prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets.

16. Contact

Questions about these Terms should be directed to: