Terms of Service

MAKAIO CREATIVE GROUP

Effective Date: May 21, 2023

Welcome to MAKAIO CREATIVE GROUP (“MAKAIO CREATIVE GROUP,” “MCG,” “Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our websites, services, content, campaigns, creative work, marketing systems, consulting services, media, communications, and any related digital platforms operated by MAKAIO CREATIVE GROUP.

By accessing, browsing, or using our website or services, you agree to comply with and be legally bound by these Terms. If you do not agree with these Terms, you should not access or use our website or services.

1. About MAKAIO CREATIVE GROUP

MAKAIO CREATIVE GROUP is a global marketing, advertising, branding, production, and growth systems agency that partners with entertainment companies, music brands, startups, agencies, and global organizations to develop integrated marketing systems, campaigns, content, creative strategy, media distribution, and brand experiences.

Our services may include, but are not limited to:

  • Strategic marketing and advertising consulting

  • Brand development and positioning

  • Creative direction and campaign execution

  • Paid and organic media strategy

  • AI-accelerated marketing systems

  • Content production and distribution

  • Social media and digital marketing

  • Experiential marketing and live events

  • Photography, video production, and creative assets

  • Website, digital experience, and design services

  • Performance analytics and optimization

2. Eligibility

You must be at least 18 years old and legally capable of entering into binding agreements to use our website or services.

By using our website or services, you represent and warrant that:

  • You have the authority to enter into these Terms;

  • Any information you provide to us is accurate and complete;

  • Your use of our services complies with all applicable laws and regulations.

3. Use of Website and Services

You agree to use our website and services only for lawful purposes and in accordance with these Terms.

You may not:

  • Use the website in any manner that could damage, disable, overburden, or impair our systems;

  • Attempt to gain unauthorized access to any part of the website, servers, or systems;

  • Use automated tools, bots, scrapers, or data mining technologies without written consent;

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or services without authorization;

  • Upload or distribute malicious code, malware, viruses, or harmful content;

  • Use our website or services in violation of any law, regulation, or third-party rights.

We reserve the right to suspend, restrict, or terminate access to our website or services at our sole discretion.

4. Client Engagements and Retainer Services

Certain services offered by MAKAIO CREATIVE GROUP may require a separate written agreement, proposal, statement of work (“SOW”), retainer agreement, invoice, or contract.

In the event of any conflict between these Terms and a separate signed agreement, the signed agreement will control.

Unless otherwise agreed in writing:

  • All retainers, deposits, and project payments are non-refundable;

  • Timelines are estimates and may change based on client approvals, revisions, production schedules, platform changes, or external circumstances;

  • Deliverables may require client review and approval before publication or launch;

  • MAKAIO CREATIVE GROUP reserves the right to decline projects or terminate engagements at its discretion.

We do not guarantee specific marketing, advertising, financial, audience, social media, engagement, or revenue results.

5. Intellectual Property Rights

All website content, creative materials, branding, graphics, logos, campaign systems, layouts, designs, text, videos, photography, software, code, marketing frameworks, visual assets, and other materials provided by MAKAIO CREATIVE GROUP are owned by or licensed to MAKAIO CREATIVE GROUP and are protected by intellectual property, copyright, trademark, and other applicable laws.

Except as expressly authorized in writing, you may not:

  • Copy, reproduce, distribute, republish, modify, or create derivative works;

  • Use our branding, logos, visuals, or proprietary systems;

  • Reverse engineer or attempt to extract source code or internal systems;

  • Commercially exploit our content or materials.

Any unauthorized use may violate intellectual property laws and result in legal action.

6. Client Content and Materials

Clients retain ownership of intellectual property they lawfully provide to MAKAIO CREATIVE GROUP.

By submitting content, materials, media, trademarks, logos, creative assets, or data to us, you grant MAKAIO CREATIVE GROUP a worldwide, non-exclusive license to use, reproduce, modify, distribute, display, and process such materials solely for the purpose of providing services.

You represent and warrant that:

  • You own or have rights to all submitted materials;

  • Your materials do not infringe any third-party rights;

  • Your materials comply with applicable laws and regulations.

You agree to indemnify MAKAIO CREATIVE GROUP against any claims arising from materials you provide.

7. Portfolio and Promotional Rights

Unless otherwise agreed in writing, MAKAIO CREATIVE GROUP may reference, display, publish, or include completed or publicly released work in:

  • Portfolios

  • Case studies

  • Website showcases

  • Industry awards

  • Social media

  • Marketing materials

  • Presentations and promotional campaigns

Confidential information and unreleased materials will not be publicly disclosed without authorization.

8. AI-Enabled Workflows and Technology

MAKAIO CREATIVE GROUP may use artificial intelligence tools, automation systems, machine learning technologies, and third-party software platforms to support research, ideation, production, optimization, analytics, and operational workflows.

While human strategy and creative oversight remain central to our services, you acknowledge that:

  • Certain deliverables may incorporate AI-assisted workflows;

  • Third-party technologies may evolve or change over time;

  • Outputs generated using AI tools may require review, refinement, and approval.

We do not guarantee uninterrupted access to third-party platforms, APIs, or software providers.

9. Third-Party Platforms and Links

Our website or services may include links to third-party websites, applications, platforms, or services, including but not limited to:

  • Social media platforms

  • Advertising networks

  • Analytics tools

  • Streaming platforms

  • Payment processors

  • Software providers

  • AI platforms

MAKAIO CREATIVE GROUP is not responsible for third-party content, policies, security, availability, or practices.

Your use of third-party services is governed by their own terms and policies.

10. Payment Terms

Clients agree to pay all fees, retainers, production costs, media budgets, advertising expenses, and invoices according to agreed payment schedules.

Unless otherwise stated in writing:

  • Payments are due upon receipt;

  • Late payments may incur interest or service suspension;

  • Outstanding balances may result in delayed delivery or termination of services;

  • Clients are responsible for taxes, wire fees, platform costs, and applicable processing fees.

MAKAIO CREATIVE GROUP reserves the right to withhold deliverables or revoke licenses until all outstanding balances are paid in full.

11. Confidentiality

Both parties agree to maintain the confidentiality of proprietary or non-public information disclosed during the course of a business relationship.

Confidential information includes:

  • Business strategies

  • Marketing plans

  • Financial information

  • Campaign performance data

  • Internal systems

  • Creative concepts

  • Trade secrets

  • Client lists

  • Production materials

Confidential information does not include information that:

  • Is publicly available;

  • Was lawfully obtained from another source;

  • Was independently developed without access to confidential information.

12. Disclaimers

Our website and services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, MAKAIO CREATIVE GROUP disclaims all warranties, express or implied, including but not limited to:

  • Merchantability;

  • Fitness for a particular purpose;

  • Non-infringement;

  • Accuracy or reliability of content;

  • Availability or uninterrupted access.

We do not guarantee:

  • Specific business, financial, advertising, audience, or marketing outcomes;

  • Continuous or error-free operation of the website;

  • Compatibility with all devices, browsers, or platforms.

Any reliance on information provided through our website or services is at your own risk.

13. Limitation of Liability

To the fullest extent permitted by law, MAKAIO CREATIVE GROUP and its affiliates, employees, contractors, officers, directors, partners, vendors, and licensors shall not be liable for:

  • Indirect or consequential damages;

  • Lost profits or revenue;

  • Business interruption;

  • Loss of data;

  • Reputational harm;

  • Advertising or platform disruptions;

  • Third-party actions or failures;

  • Delays or production interruptions.

Our total liability for any claim arising out of or relating to the website or services shall not exceed the amount actually paid to MAKAIO CREATIVE GROUP for the applicable services during the three (3) months preceding the claim.

Some jurisdictions may not allow certain liability limitations, so portions of this section may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless MAKAIO CREATIVE GROUP and its affiliates, employees, contractors, officers, directors, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or legal fees arising from:

  • Your use of the website or services;

  • Your violation of these Terms;

  • Your infringement of third-party rights;

  • Materials or content you provide;

  • Violations of applicable laws or regulations.

15. Termination

We reserve the right to suspend or terminate access to the website or services at any time and for any reason, including violations of these Terms.

Termination does not relieve you of obligations incurred prior to termination, including payment obligations and intellectual property restrictions.

Sections relating to intellectual property, payment obligations, confidentiality, limitations of liability, indemnification, and governing law shall survive termination.

16. Privacy

Your use of the website and services may also be governed by our Privacy Policy.

By using our website or services, you acknowledge that we may collect, process, and store information in accordance with applicable privacy laws and our published privacy practices.

17. International Use

MAKAIO CREATIVE GROUP operates globally. By using our website or services, you understand that information may be processed or transferred across multiple jurisdictions.

You are responsible for complying with local laws applicable to your use of the website and services.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

Any disputes arising from these Terms or use of the website or services shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.

You consent to the personal jurisdiction and venue of such courts.

19. Changes to These Terms

We reserve the right to modify or update these Terms at any time.

Changes become effective upon posting to the website unless otherwise stated.

Your continued use of the website or services following updates constitutes acceptance of the revised Terms.

20. Contact Information

For questions regarding these Terms or our services, please contact:

MAKAIO CREATIVE GROUP
8687 Melrose Avenue, Suite 700 West Hollywood, California, 90069 United States
Email: info@makaiocreativegroup.com
Website: https://www.makaiocreativegroup.com

21. Entire Agreement

These Terms, together with any separate written agreements, statements of work, invoices, or policies issued by MAKAIO CREATIVE GROUP, constitute the entire agreement between you and MAKAIO CREATIVE GROUP regarding the use of the website and services.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

© 2026 MAKAIO CREATIVE GROUP. All rights reserved.

Important Notice: This document is provided for general business and informational purposes and should be reviewed by a qualified attorney licensed in your jurisdiction before publication or implementation.

Sources used for company positioning and service descriptions: (makaiocreativegroup.com)