Last Updated: [January 2026]

These Terms of Service (“Terms”) govern your access to and use of services provided by Lucian Creative LLC (“Lucian Creative,” “Company,” “we,” “our,” or “us”). By engaging Lucian Creative in any capacity, including by signing a proposal or Statement of Work (“SOW”), paying an invoice, or using any deliverables we provide, you (“Client,” “you”) agree to be bound by these Terms.

If you do not agree to these Terms, do not engage our services.

1. Who We Are & What We Do

Lucian Creative LLC is a growth and operations partner primarily serving Local Home Service (LHS) and related trade businesses. Our work includes, but is not limited to:

Strategic consulting, growth advisory, and offer design

“Booking machine” buildouts and growth systems (e.g., retention–conversion–lead gen flows, CRM workflows, funnels, and analytics)

Creative services (video editing, ad creative, copywriting, visual branding, landing pages, email/SMS campaigns)

Platform setup and optimization (CRM, calendars, ad accounts, analytics, tracking)

Documentation and training (SOPs, playbooks, Looms, internal scripts, training calls)

Performance tracking and reporting (dashboards, attribution, call recordings where permitted by law)

Specific deliverables, timelines, and pricing for a project will be defined in a written SOW, proposal, or order form (collectively, “SOW”). If there is a conflict between these Terms and an SOW, the SOW controls for that engagement.

Lucian Creative is an independent contractor, not your employee, partner, or legal representative.

2. Client Responsibilities

You agree to:

Provide Accurate Information.

Supply complete and accurate information about your business, offers, pricing, policies, prior performance, and any legal/regulatory constraints relevant to our work.

Provide Access & Cooperation.

Timely provide access (where applicable) to:

Websites, landing pages, CRMs, ad accounts, analytics, calendars, call software, email/SMS tools

Brand assets (logos, images, footage, testimonials)

Reasonable stakeholder time for discovery/onboarding

Remain Legally Compliant.

You are solely responsible for:

The legality of your offers, pricing, business practices, and employment practices

Any required licenses, permits, industry compliance, and disclosures

Fulfilling customer promises we help you advertise

No Misrepresentation.

You agree not to request or require Lucian Creative to:

Fabricate reviews, case studies, or performance claims

Conceal material facts from consumers or regulators

Mislead or defraud customers, regulators, or the public

We retain the right to refuse any request that would cause us to be dishonest, deceptive, or in violation of law or platform policies.

Review & Approve.

You are responsible for reviewing and approving any materials before they go live. Once you approve or publish content, you assume responsibility for its use.

3. Fees, Invoices & Payment

Fees & Payment Terms are set out in your SOW or invoice. They may include setup fees, retainers, performance-based components, or other structures.

Unless otherwise stated in writing, invoices are due upon receipt.

No refunds are provided once work has commenced, except where explicitly agreed in writing or required by applicable law.

Late payments may, at our discretion, incur:

Late fees and/or interest as allowed by law

Suspension or termination of services

All fees are exclusive of taxes. You are responsible for any applicable sales, use, VAT, or similar taxes (other than taxes on our income).

4. Changes in Scope

Anything beyond the agreed SOW—such as additional campaigns, extra creative rounds, new platforms, or accelerated timelines—may be treated as out-of-scope and billed separately, subject to our current rates and written approval by both parties.

We may require a revised SOW or change order for meaningful scope changes.

5. Intellectual Property & Usage Rights

Your Materials.

You retain ownership of your pre-existing:

Brand, logos, trademarks

Raw media, assets, and content you provide

Customer lists and first-party data

Our Tools & Methodologies.

Lucian Creative retains ownership of:

All underlying frameworks, SOPs, systems, templates, checklists, code, and methodologies we develop or use (including RCL systems, booking OS structures, and diagnostic frameworks)

Any generalized know-how and intellectual property that are not uniquely derived from your confidential information

Unless otherwise stated in an SOW, we grant you a non-exclusive, non-transferable license to use deliverables we create for you internally in your own business. You may not resell, sublicense, or commercially exploit our frameworks, SOPs, or tools to third parties without our written permission.

Portfolio & Marketing Use.

Unless we enter a specific Non-Disclosure Agreement (NDA) that says otherwise, you grant Lucian Creative the right to:

Display anonymized or branded samples of work (creative, landing pages, dashboards, flows)

Reference your company name, logo, and industry in case studies, sales materials, and marketing

Use performance metrics (e.g., % lift, number of booked calls) so long as they are truthful and not misleading

Use call recordings, screenshots, and clips for internal training and, where not restricted by NDA or law, marketing (we will avoid exposing sensitive personal data)

If you reasonably object to specific usage, you may request in writing that we cease using certain materials in forward-facing marketing, and we will make reasonable efforts to comply going forward.

Third-Party Materials.

Any third-party tools, fonts, stock images, libraries, or licensed software are subject to their respective licenses. You are responsible for any ongoing subscription fees and compliance with those licenses in your own environment.

6. Data, Tracking & Call Recording

To operate and improve systems, Lucian Creative may:

Implement or configure analytics, tracking pixels, and UTM parameters

Enable call recording, SMS/email logging, and dashboard tracking where permitted by law

Use this data for:

Performance reporting to you

Internal analysis and improvement of our frameworks

Anonymous or aggregated benchmarking and case studies

You are responsible for:

Ensuring your websites, funnels, forms, and contracts include appropriate disclosures and consents for tracking, analytics, cookies, and call recording where required by law (federal, state, or international)

Verifying that your use of SMS, email, and calling complies with CAN-SPAM, TCPA, A2P 10DLC, and any similar laws or carrier rules (we will assist with wording and structure, but you are the legal sender/business).

7. No Guarantees / No Revenue Promises

You understand and agree that:

Marketing, operations, and growth outcomes are inherently uncertain.

We do not and cannot guarantee:

A specific number of leads, booked calls, or customers

Any minimum revenue, profit, or ROI

Rankings, ad approval, cost per lead, or platform behavior

Any projections, illustrations, or case studies are examples only and not promises of future results.

Your performance depends on factors beyond our control, including but not limited to: your market, offers, pricing, competitive landscape, budget, internal team, sales process, fulfillment quality, and compliance.

8. Limitation of Liability

To the fullest extent permitted by law:

No Indirect or Special Damages.

Lucian Creative will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including lost profits, lost revenue, loss of goodwill, or loss of data) arising out of or relating to these Terms or our services, even if advised of the possibility of such damages.

Cap on Direct Damages.

Our total cumulative liability for any claims arising out of or relating to these Terms or our services shall not exceed the total amount of fees you actually paid to Lucian Creative for the specific SOW giving rise to the claim in the three (3) months preceding the event giving rise to the claim.

Exceptions.

These limitations do not apply where prohibited by law.

You agree that this allocation of risk is a material basis of the bargain between us.

9. Indemnification

You agree to indemnify, defend, and hold harmless Lucian Creative and its members, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your content, offers, or representations to customers;

Your failure to comply with applicable laws, platform policies, or regulations;

Your misuse of deliverables;

Any demand or action arising from your business operations or customer relationships, except to the extent caused by our willful misconduct.

10. Term, Termination & Suspension

The term of an engagement is as specified in the applicable SOW.

Either party may terminate an ongoing engagement for convenience as permitted by the SOW (e.g., with written notice and subject to any minimum term).

Either party may terminate for cause if the other party materially breaches these Terms or the SOW and fails to cure within a reasonable period (e.g., 10–30 days) after written notice.

Upon termination:

All earned but unpaid fees are immediately due.

We will deliver any completed work product in a commercially reasonable format.

In-progress work may be provided “as-is” at our discretion or as agreed in the SOW.

Our obligations to provide ongoing services immediately cease.

We may temporarily suspend services if invoices remain unpaid or if we reasonably believe continued work would expose us to legal risk.

11. Compliance with Law & Platforms

Each party is independently responsible for complying with:

Applicable federal, state, and local laws (including, where applicable, CAN-SPAM, TCPA, A2P 10DLC, FTC marketing guidelines, privacy law requirements, and state consumer protection laws such as those in California, Colorado, Virginia, Connecticut, Utah, and Indiana)

Relevant platform terms (e.g., Google, Meta, TikTok, YouTube, CRM providers, carriers)

We will not be required to implement any tactic that we reasonably believe is deceptive, fraudulent, or violates law or platform policy.

12. Dispute Resolution, Governing Law & Venue

These Terms and any dispute arising out of or relating to them or our services shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of law principles.

Unless otherwise agreed in writing:

The parties will first attempt to resolve disputes through good-faith discussion and negotiation.

If not resolved, any legal action shall be brought exclusively in the state or federal courts located in Lake County, Indiana, and the parties consent to personal jurisdiction and venue there.

You agree to bring any claim in your individual capacity only; to the fullest extent allowed by law, class actions or representative proceedings are not permitted.

13. Modifications to These Terms

We may update these Terms from time to time. Updated Terms apply prospectively and will be posted with a new “Last Updated” date. Your continued use of our services after changes become effective constitutes your acceptance of the revised Terms.

For any active SOW, we will not materially change your rights or obligations without notice.

14. Miscellaneous

Entire Agreement. These Terms and any SOW constitute the entire agreement between us and supersede all prior discussions and understandings.

Assignment. You may not assign your rights or obligations without our written consent. We may assign to a successor or affiliate in connection with a merger, acquisition, or sale of assets.

Severability. If any provision is found unenforceable, the remaining provisions remain in full force.

No Waiver. Our failure to enforce any provision is not a waiver of that provision.

For questions about these Terms, contact:

Lucian Creative LLC

Hammond, Indiana

📧 [email protected]

🌐 www.luciancreative.com