Terms of Service

Terms of Service
Last Updated: November 11, 2025

1. Introduction
Welcome to Alicia De la Cruz ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website and services.
By using our website or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or services.

2. Services Offered
Alicia De la Cruz provides the following professional services:

Brand Identity & Strategy: Brand positioning, visual identity development, tone of voice guidelines, messaging frameworks
Social Media Strategy & Management: Content strategy, creation, scheduling, community management, performance reporting
Paid Advertising: Ad campaign strategy, creative development, campaign management and optimization
UGC & Content Creation: User-generated content style videos, trendy reels, authentic product content for organic and paid use

All services are provided on a project basis, monthly retainer, or per-deliverable basis as agreed in individual contracts.

3. Free Consultation
3.1 Booking
We offer a free 30-minute consultation to discuss your needs and determine if our services are a good fit. You can book this consultation via our website using Calendly.
3.2 Cancellation & Rescheduling
Client Cancellation/Rescheduling:
Please provide at least 24 hours' notice if you need to cancel or reschedule your consultation.

Cancellations with less than 24 hours' notice or no-shows may result in the inability to rebook a free consultation
You can reschedule using the link provided in your confirmation email

Our Cancellation:
In rare cases, we may need to reschedule. We will provide as much notice as possible and work with you to find an alternative time.
3.3 No Obligation
The free consultation is non-binding. Neither party is obligated to proceed with paid services after the consultation.

4. Engagement & Contracts
4.1 Scope of Work
If we decide to work together, we will provide a detailed proposal or service agreement outlining:

Services to be provided
Timeline and deliverables
Pricing and payment terms
Specific terms for your project
Cancellation and refund policies

4.2 Acceptance
Services begin only after:

You accept the proposal in writing (email confirmation or signed agreement)
Any required upfront payment is received

5. Payment Terms5.1 Pricing
Pricing varies based on the scope and type of service. All prices will be clearly stated in your proposal or service agreement before work begins.

5.2 Payment Methods
We accept:

Bank transfer (preferred for EU clients)
PayPal (international clients or smaller payments)

Payment instructions will be included on your invoice.

5.3 Payment Schedule
Project-based services:

Typically require 50% deposit before work begins
Remaining 50% due upon completion or before final delivery
Specific payment milestones outlined in your contract

Monthly retainers:

Billed monthly in advance
Payment due by the 1st of each month
Minimum 3-month commitment (unless otherwise agreed)

UGC & One-time content:

Payment required in full before content delivery
Pricing based on deliverable type and usage rights

5.4 Late Payments
Invoices are due by the date specified. Late payments may result in:

Suspension of ongoing services
Withholding of deliverables until payment is received
Termination of the service agreement

5.5 Currency
All prices are quoted in Euros (€) unless otherwise stated.

6. Cancellation & Refund Policy
6.1 No Refunds Policy
Our policy is clear and non-negotiable:

No refunds are available once work has begun
If you cancel before work starts, any deposit paid is non-refundable
If you cancel after work has started, you are responsible for paying for all work completed up to that point
Completed work will be delivered upon full payment of outstanding amounts

6.2 Client Cancellation
Project-based services:

Cancellations must be made in writing via email to aliciadelacruzacedo96@gmail.com
If cancellation occurs before work begins: deposit is non-refundable
If cancellation occurs after work begins: you will be invoiced for all work completed, including research, strategy, design drafts, content created, etc.

Monthly retainers:

Either party may terminate with 30 days' written notice
No refund for the current month's payment
Services continue through the notice period
Access to deliverables and ongoing support ends at the termination date

6.3 Our Right to Terminate
We reserve the right to terminate services immediately if:

Payment is not received by the due date
You breach these Terms or the service agreement
You fail to provide necessary materials or feedback within agreed timelines
The working relationship becomes untenable or unproductive

In such cases:

You will be charged for all work completed
We retain the right to withhold deliverables until payment is received
Any deposits or advance payments are non-refundable

6.4 Force Majeure
Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control (e.g., natural disasters, pandemics, government restrictions). In such cases, obligations are suspended for the duration of the event.

7. Deliverables & Intellectual Property
7.1 Client-Provided Materials
You retain all rights to materials you provide to us (logos, brand assets, photos, copy, product information, etc.).
By providing materials to us, you represent and warrant that:

You own or have the right to use all materials provided
Use of these materials will not infringe on third-party rights

7.2 Work Product & Ownership
Upon full payment:

Final deliverables (completed brand materials, content, graphics, videos) become your property
You receive full rights to use them for your business purposes

We retain:

Our proprietary processes, templates, methodologies, and working files
The right to showcase your project in our portfolio (with your permission, requested separately)
Any generic or pre-existing materials not specifically created for your project

7.3 Usage Rights for UGC Content
For user-generated content and social media content with specified usage rights:
Organic content (no license limitation):

You have unlimited, perpetual usage rights
Use across all your owned channels

Ad-ready content (with specified license term):

Usage rights are limited to the agreed term (typically 3 or 6 months)
Rights begin on the date of delivery
License covers paid advertising on specified platforms (Instagram, Facebook, TikTok, etc.)
Renewal or extended usage requires additional licensing fees

After license expiration:

You must discontinue use in paid advertising
Organic use may continue (if specified in agreement)
Contact us to extend or renew the license

8. Client Responsibilities
To ensure successful project delivery and maintain our working relationship, you agree to:
8.1 Timely Cooperation

Provide accurate information and all necessary materials in a timely manner
Respond to requests for feedback, approvals, or revisions within agreed timelines (typically 5-7 business days)
Attend scheduled meetings and strategy calls

8.2 Material Rights

Ensure you have rights to any materials, content, or assets you provide
Obtain necessary permissions for use of third-party content (music, stock images, etc.)

8.3 Payment Obligations

Pay all invoices on time according to the payment schedule
Notify us immediately if there are payment issues

8.4 Project Delays
Delays caused by failure to meet these responsibilities may result in:

Extended project timelines
Additional fees for extended project management
Termination of the agreement (with payment for work completed)

9. Revisions & Feedback
9.1 Revision Policy
Most projects include a specified number of revision rounds (outlined in your proposal). Additional revisions beyond the agreed scope may incur extra fees.
9.2 Timely Feedback
You must provide feedback within the agreed timeframe. If no feedback is received within 14 days of delivery, the deliverable will be considered approved and final.
9.3 Scope Creep
Requests that significantly expand the project scope beyond the original agreement will be quoted separately and require approval before proceeding.

10. Confidentiality
10.1 Your Information
We treat your business information, project details, strategies, and any confidential materials as confidential. We will not share them with third parties without your permission, except:

As required by law
With service providers necessary to deliver our services (e.g., subcontractors, if any)
When showcasing work in our portfolio (only with your explicit permission)

10.2 Our Information
You agree to keep confidential any proprietary processes, strategies, templates, or materials we share with you during our engagement that are marked as confidential or proprietary.

11. Limitation of Liability
11.1 Service Performance
We will provide all services with reasonable skill, care, and professionalism. However, we cannot guarantee specific results such as:

Specific follower growth, engagement rates, or reach numbers
Sales, revenue increases, or conversion rates
Ad campaign performance or return on ad spend (ROAS)
Social media algorithm favorability

Results depend on many factors outside our control, including but not limited to: market conditions, audience behavior, platform algorithm changes, product quality, pricing, customer service, and your business operations.
11.2 Liability Cap
To the maximum extent permitted by German law, our total liability for any claim arising from our services is limited to the total amount you paid us for those specific services.
11.3 Exclusion of Certain Damages
We are not liable for:

Indirect, incidental, special, or consequential damages
Lost profits, revenue, or business opportunities
Loss of data or information
Damage to reputation or goodwill
Actions taken by third parties (e.g., social media platforms changing policies, banning accounts, or altering algorithms)

11.4 Third-Party Platforms
We are not responsible for actions, policies, or technical issues of third-party platforms (Instagram, Facebook, TikTok, Google, etc.) including but not limited to:

Account suspensions or bans
Content removal or flagging
Algorithm changes affecting reach or performance
Platform downtime or technical errors

12. Warranties & Representations
12.1 Our Warranties
We warrant that:

Services will be performed in a professional and workmanlike manner
We have the right and authority to enter into this agreement
Our work will not knowingly infringe on third-party intellectual property rights

12.2 Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. Indemnification
You agree to indemnify, defend, and hold harmless Alicia De la Cruz from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

Your breach of these Terms
Your use of our deliverables in a way that violates law or third-party rights
Materials you provided that infringe on third-party rights
Your business operations or products/services

14. Social Media Platform Compliance
14.1 Your Responsibility
You are responsible for ensuring that your use of our deliverables complies with:

All applicable laws and regulations
Platform terms of service (Instagram, Facebook, TikTok, etc.)
Advertising standards and disclosure requirements
Industry-specific regulations (e.g., health claims, financial advice, etc.)

14.2 Content Disclaimers
If your industry requires specific disclaimers (e.g., "This is not financial advice," medical disclaimers, sponsored content disclosures), you are responsible for including them.

15. Dispute Resolution
15.1 Good Faith Negotiation
In the event of any dispute arising from these Terms or our services, both parties agree to first attempt to resolve the matter through good faith negotiation.
15.2 Mediation
If negotiation fails, both parties agree to attempt mediation before pursuing legal action.
15.3 Governing Law & Jurisdiction
These Terms are governed by the laws of Germany.
Any disputes that cannot be resolved through negotiation or mediation will be subject to the exclusive jurisdiction of the courts in Mainz, Germany.

16. General Provisions
16.1 Entire Agreement
These Terms, together with any signed service agreement or proposal, constitute the entire agreement between you and Alicia De la Cruz regarding our services.
16.2 Amendments
We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the new Terms.
For active projects, changes will not affect existing agreements unless mutually agreed in writing.
16.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
16.4 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
16.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16.6 Language
These Terms are provided in English. In case of any discrepancy between the English version and any translation, the English version shall prevail.

17. Contact
If you have questions about these Terms, please contact us:
Email: aliciadelacruzacedo96@gmail.com
Instagram: @alicia.socialexpert
LinkedIn: linkedin.com/in/aliciadelacruzacedo
Alicia De la Cruz
Based in Mainz, Germany