Terms of Service

Effective date: 2026-05-05

Last updated: 2026-05-05

Operator: Two Digital Creatives LLC (DBA "TDC Digital Agency")

Website: tdcdigitalagency.com

Contact: gabriel.meneses@tdcdigitalagency.com

These Terms of Service ("Terms") govern your access to and use of the website at tdcdigitalagency.com, the agency services we provide, and any software applications we operate on your behalf, including connected applications registered with third-party platforms such as Meta, Google, LinkedIn, TikTok, Stripe, and similar providers (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Who We Are

Two Digital Creatives LLC is a Florida limited liability company doing business as TDC Digital Agency. We deliver digital marketing, advertising, content production, automation, and consulting services to business clients. We operate connected applications on certain third-party platforms (notably Meta, Google, LinkedIn) under platform developer programs.

2. Eligibility

You must be at least 18 years old and have legal authority to enter into a contract to use the Services. The Services are intended for businesses and authorized representatives, not for personal consumer use.

3. Engagement Scope and Authorization

When you engage TDC for agency services, the specific scope, deliverables, fees, and term are set out in a separate written proposal, statement of work, or master services agreement ("MSA"). These Terms apply alongside that engagement document; if there is a conflict, the engagement document controls for that engagement.

When you authorize us to access your platform accounts via OAuth (for example, your Meta Business account, Google Ads account, LinkedIn Page), you grant us the right to act on your behalf within the scope of the authorized permissions for the duration of the engagement. You may revoke that authorization at any time from the source platform; revocation does not relieve obligations accrued before revocation.

4. Acceptable Use

You may not, and may not permit any third party to:

Use the Services for any unlawful, fraudulent, deceptive, or harmful purpose.
Violate the terms of any third-party platform we operate on your behalf, including Meta Platform Terms, Google API Services User Data Policy, LinkedIn Developer Agreement, or equivalent.
Attempt to access, probe, or interfere with our systems, accounts, or other clients' data.
Reverse-engineer, decompile, or disassemble any software we provide.
Submit content that infringes intellectual property rights, defames, harasses, or violates the privacy of any person.
Use the Services to send unsolicited marketing communications in violation of CAN-SPAM, CASL, GDPR, TCPA, or equivalent laws.

We may suspend or terminate access if you breach this section.

5. Client Content and Data

You retain ownership of all content, brand assets, audience data, and platform data you provide or that is generated within your platform accounts under our management ("Client Content"). You grant us a non-exclusive, royalty-free, worldwide license to use, copy, store, transmit, and display Client Content solely as necessary to provide the Services.

We will not use Client Content for any purpose other than performing the Services for you, except in aggregate, anonymized form for our internal analytics and to improve our service quality.

6. Deliverables and Intellectual Property

Unless otherwise stated in the engagement document, deliverables we produce specifically for you (creative assets, ad copy, reports, configurations) become your property upon full payment. Our pre-existing methods, frameworks, internal tooling, and any content not specifically produced for you remain our property and may be reused for other clients.

We may use AI tools, including but not limited to OpenAI, Anthropic, Google AI, xAI, HeyGen, Higgsfield, Firecrawl, and Apify, to draft, analyze, or generate content as part of the Services. We do not submit your secrets, payment card data, or government identifiers to those tools. Generated content is reviewed by us before delivery.

7. Fees and Billing

Fees are set in the engagement document. Unless otherwise stated, invoices are due net 15 from the invoice date. Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend services for accounts more than 30 days past due. Fees are non-refundable except where required by law or where the engagement document explicitly states otherwise.

8. Confidentiality

Each party will protect the other's confidential information with at least the same degree of care it uses to protect its own confidential information of similar sensitivity, and in no event less than reasonable care. Confidential information may be disclosed only as necessary to perform the Services, to professional advisors bound by confidentiality, or as required by law.

9. Third-Party Platforms

The Services rely on third-party platforms (Meta, Google, LinkedIn, Stripe, and others). We do not control those platforms, and their availability, terms, fees, and policies may change without notice. We are not responsible for downtime, policy changes, account suspensions, or fee adjustments imposed by third-party platforms.

10. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. We do not guarantee any specific marketing outcome, return on ad spend, conversion rate, or business result.

11. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to these Terms or the Services. Our aggregate liability arising out of or related to these Terms or the Services will not exceed the fees you paid us in the twelve months preceding the event giving rise to the claim.

12. Indemnification

You will indemnify, defend, and hold harmless TDC, its officers, employees, and contractors from any third-party claim arising out of (a) Client Content, (b) your use of the Services in violation of these Terms or applicable law, or (c) your breach of any representation or warranty in these Terms.

13. Term and Termination

These Terms apply for as long as you use the Services or have an active engagement with us. Either party may terminate an engagement as set out in the engagement document, or for material breach not cured within 30 days of written notice. On termination, you stop using the Services, we stop performing them, and outstanding fees become immediately payable. Sections that by their nature should survive termination (intellectual property, confidentiality, fees owed, disclaimers, limitation of liability, indemnification, governing law) survive.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict of laws principles. Disputes arising out of or related to these Terms will be resolved in the state or federal courts located in Florida, and each party consents to the personal jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes will be communicated by updating this page and, where appropriate, by additional notice. Continued use of the Services after a change constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms can be sent to:

Two Digital Creatives LLC (DBA TDC Digital Agency)

Florida, United States

gabriel.meneses@tdcdigitalagency.com