Terms of service
These Terms of Service (“Terms”) govern your access to and use of the websites, content, and services operated by The Grounded Company (“TGC,” “we,” “us,” or “our”), including [thegroundedcompany.com] and any related digital properties (collectively, the “Site”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you meet this requirement.
2. Scope of These Terms
These Terms apply to: Your use of the Site and its content General interactions, inquiries, and submissions Certain aspects of our client relationship, as described below Client Services. If you engage TGC for professional services, those services will be governed by a separate written agreement, such as a Master Services Agreement, Statement of Work, or contract (each, a “Client Agreement”). In the event of any conflict, the Client Agreement controls.
3. About the Collective
TGC operates as part of a broader business collective alongside Adapted and Fusion (each, a “Collective Company,” and together, the “Collective”). Each Collective Company is a separate legal entity, but they collaborate operationally and may share systems, tools, and resources. Information submitted through the Site may be shared within the Collective for legitimate business purposes, consistent with our Privacy Policy.
4. Use of the Site
You agree to use the Site only for lawful purposes and in a manner that does not: violate applicable laws or regulations,
infringe intellectual property or other rights, interfere with the operation or security of the Site, attempt unauthorized access to systems or data, upload malicious code, spam, or abusive content. We reserve the right to restrict or terminate access to the Site at our discretion.
5. Intellectual Property
All content on the Site—including text, graphics, logos, visuals, designs, videos, and other materials—is owned by or licensed to TGC and is protected by intellectual property laws. You may view, download, or print content for personal, non-commercial use only. You may not copy, modify, distribute, reproduce, or exploit Site content without prior written consent.
6. Submissions and User Materials
If you submit information, materials, files, ideas, or content to us (“Submissions”), you represent that: you have the right to submit them, and doing so does not violate any third-party rights. You grant TGC a non-exclusive, royalty-free, worldwide license to use Submissions solely for purposes related to: evaluating inquiries, providing services, operating and improving our business.
7. Client Deliverables and File Retention
For client engagements: Final deliverables are typically provided through our digital asset management (DAM) systems or designated delivery platforms. Clients are responsible for downloading and storing their final deliverables within their own systems. File Retention Policy. After a client relationship ends, TGC may retain client files for up to twelve (12) months, after which files may be permanently deleted. We are not responsible for maintaining or archiving client materials beyond this period.
8. Portfolio Use, Testimonials, and Public Credit
Unless otherwise agreed in writing, you grant TGC the right to: display your name, logo, and completed work, reference your engagement with us, use testimonials or case studies, for purposes including, but not limited to: our website, pitch decks and proposals, marketing and sales materials, presentations, social media, business listings (e.g., Google Business Profile). This use does not imply endorsement beyond the factual relationship.
9. Third-Party Services and Links
The Site may include links to third-party websites or tools. We do not control and are not responsible for third-party content, services, or practices. Use of third-party services is at your own risk.
10. Disclaimers
The Site and its content are provided “as is” and “as available.” We make no warranties, express or implied, including warranties of: merchantability, fitness for a particular purpose, accuracy or completeness, uninterrupted or error-free operation. Creative, marketing, and business outcomes are inherently variable, and results are not guaranteed.
11. Limitation of Liability
To the fullest extent permitted by law, TGC shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Site or Services. In no event shall TGC’s total liability exceed the amount, if any, paid by you to TGC in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless TGC and its affiliates, partners, and team members from any claims, damages, losses, or expenses arising out of: your use of the Site, your Submissions, your violation of these Terms or applicable law.
13. Privacy
Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and share information. By using the Site, you consent to those practices.
14. Changes to These Terms
We may update these Terms at any time. Changes will be reflected by the “Last Updated” date. Continued use of the Site after changes constitutes acceptance.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. Any disputes shall be brought exclusively in the state or federal courts located in Utah, and you consent to their jurisdiction.
16. Contact Information
If you have questions about these Terms, contact us at: