Social Media With Docs Service Agreement
Terms & Conditions
Last Updated: August 28th, 2026
These Service Agreement Terms & Conditions (the "Terms") govern all programs, services, and related offerings provided by Hamza x DZLV Marketing Inc., a corporation operating in the Province of Ontario, Canada, operating as Social Media With Docs ("SMWD," "Company," "we," or "us"), to you ("Client" or "you"). These Terms are legally binding. By signing a Program Agreement, or by enrolling in, purchasing, or using any SMWD service, you agree to be bound by these Terms in their entirety.
The Terms, together with your Program Agreement, any Money-Back Guarantee Addendum, and the Privacy Policy (socialmediawithdocs.com/privacy) (collectively, the "Agreement"), form the entire contract between you and SMWD. In the event of a conflict, the applicable product-specific document controls for that specific product or service; otherwise, these Terms control.
PLEASE NOTE: By agreeing to these Terms, you accept provisions that include mandatory binding arbitration and a waiver of class action rights. These provisions are set forth in the sections titled "Chargebacks & Payment Disputes," "Indemnification," "Disclaimers & Limitation of Liability," and "Mandatory Binding Arbitration" and should be reviewed carefully.
1. Definitions
Agreement: these Terms and all incorporated documents and policies, collectively.
Client: a business customer that purchases, enrolls, or uses SMWD Services.
Deliverable(s): any materials, content, strategy, plans, or results produced under a Program.
Program Agreement: the product-specific contract describing deliverables, pricing, term, and performance guarantees.
Initial Term: the twenty-six (26) week minimum term defined in the Program Agreement, commencing upon receipt of the initial payment by SMWD.
Services: all programs, content production, social media management, consulting, and related services offered by SMWD.
2. Business-to-Business Classification
2.1 You represent and warrant that you are enrolling in or purchasing Services solely for business or commercial purposes.
2.2 You agree that this Agreement constitutes a business-to-business (B2B) commercial transaction. To the fullest extent permitted by law, you waive any statutory cooling-off, rescission, or consumer-protection rights that apply only to consumer transactions.
2.3 If you intend to use the Services for personal (non-business) purposes, you must disclose that intent to SMWD in writing before enrollment. SMWD reserves the right to refuse service or offer different terms.
2.4 This Agreement is a commercial contract governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
3. Services & Deliverables
3.1 Scope. SMWD provides done-for-you content production, social media management, content strategy, and related services, delivered fully remotely. Specific deliverables, pricing, timelines, and performance guarantees are defined in your Program Agreement.
3.2 Client Cooperation. Timely payment and active participation are required to maintain access to Services and Deliverables. SMWD's obligations are contingent upon the Client's fulfillment of its own obligations, including providing timely approvals, footage, brand assets, platform access, and attendance at scheduled sessions.
3.3 Filming Sessions & Footage. SMWD schedules remote filming sessions each month, run by the Client's content manager in an interview format (one 4-hour session or two 2-hour sessions per month, as agreed with the content manager). The Client will respond to scheduling requests within three (3) business days and will complete each offered session within seven (7) days of it being offered. The Client films all raw content remotely with SMWD's guidance and will promptly provide any additional footage reasonably requested. Missed or delayed sessions, footage, approvals, or access may reduce the volume of content published in a given month and may affect the conditions of the Performance Guarantee; they do not reduce or suspend the Client's payment obligations.
3.4 Equipment. The Client will purchase the recording equipment recommended by SMWD within fourteen (14) days of onboarding. Equipment costs are borne by the Client and are not included in the fees.
3.5 Deemed Acceptance of Deliverables. Upon delivery of any Deliverable (including edited videos, content drafts, strategy documents, and revisions), the Client shall have forty-eight (48) hours from the time of delivery to provide written notice of any objection, requested revision, or non-conformity. Notice must be provided through the same channel in which the Deliverable was delivered (Slack, email, or another SMWD-designated channel) and must specifically identify the Deliverable and the basis for the objection. Each Deliverable is subject to a maximum of one (1) round of revisions; following delivery of the revised Deliverable, a further forty-eight (48) hour review window applies, after which the Deliverable is accepted. Failure to provide written objection within the applicable 48-hour window constitutes the Client's irrevocable acceptance of the Deliverable as conforming and satisfactory. The Client expressly waives any right to dispute, request further revisions to, or initiate a chargeback in connection with any Deliverable that has been deemed accepted under this provision. This provision applies uniformly to all Deliverables regardless of type or scope. The Services are done-for-you: creative direction and performance are SMWD's responsibility, and the review window exists to catch factual errors and brand conflicts, not to re-open creative decisions.
3.6 Platform Access & Account Ownership. The Client owns its social media accounts and channels at all times. The Client will grant SMWD the access (including delegated or admin access where available) required to deliver the Services within ten (10) days of enrollment and will maintain that access throughout the Term. Revoking or restricting access does not reduce payment obligations and may affect the Performance Guarantee. On termination, SMWD will relinquish its access to the Client's accounts. Content published to the Client's accounts remains on those accounts following termination unless the Client chooses otherwise.
4. Acceptance & Modification
4.1 Acceptance. By signing a Program Agreement, or by enrolling in, purchasing, or using the Services, you accept these Terms regardless of whether you have separately reviewed this document.
4.2 Modification. SMWD may update these Terms upon thirty (30) days' written notice to the email address associated with your account. Continued use of the Services or failure to object in writing within the notice period constitutes acceptance. Material changes to the arbitration provisions will not apply retroactively to disputes that arose before the effective date of the modification.
5. Fees, Billing & Payment Obligations
5.1 Full Payment Obligation. You agree to pay all fees as stated in your Program Agreement. Weekly billing is a payment schedule, not a week-to-week engagement: the full Program Fee for the Initial Term is unconditionally due. Non-use or reduced use of the Services does not reduce or excuse payment obligations.
5.2 Currency. All fees, refunds, credits, and other payment obligations under this Agreement are denominated, invoiced, and payable in United States Dollars (USD). Where SMWD owes the Client any amount under this Agreement, SMWD's obligation is fully discharged by tendering the corresponding USD amount on the date of payment. The Client is solely responsible for any currency-conversion fees, foreign-transaction fees, exchange-rate spreads, or other charges imposed by the Client's bank, card issuer, or financial institution, whether on outbound payments to SMWD or on inbound payments from SMWD to the Client.
5.3 Payment Authorization. By submitting payment information, you authorize SMWD to:
Charge all fees according to your payment schedule;
Retry failed payments up to three (3) times over ten (10) business days;
Charge alternative payment methods on file if the primary method fails;
Obtain updated payment information from your card issuer (for example, new card numbers or expiration dates); and
Add a $50 USD administrative fee for each failed payment attempt after the first retry.
5.4 On-Time Payment. A payment is on time if it is received on its due date. A payment is treated as on time for all purposes under this Agreement, including the Performance Guarantee, if a failed charge clears within three (3) calendar days of its due date.
5.5 Late Payment & Interest. Overdue amounts bear interest at the rate of two percent (2%) per month (24% per annum), or the maximum rate permitted by applicable law, whichever is less, from the due date until paid in full.
5.6 Suspension of Services. If two (2) consecutive weekly payments fail and are not cured, SMWD may suspend the Services until all overdue amounts are paid. A suspension extends the Initial Term by the length of the suspension and does not reduce the Client's payment obligations.
5.7 Acceleration. If any payment is more than thirty (30) calendar days past due, or if the Client fails to cure a payment breach within the applicable cure period under the section titled "Withdrawal, Termination & Survival," SMWD may, at its sole option, declare the entire unpaid balance of the Program Fee immediately due and payable ("Acceleration"). Upon Acceleration, the unpaid balance bears interest at the rate in Section 5.5 from the date of Acceleration until paid in full.
5.8 Right of Offset. SMWD may offset any amounts owed by the Client against any amounts SMWD may owe the Client under this Agreement, including any refunds or credits.
5.9 Continuation Billing. After the Initial Term, weekly billing continues automatically at the fee stated in the Program Agreement, on a rolling basis, until cancelled by the Client on at least fourteen (14) calendar days' written notice to pavan@socialmediawithdocs.com or terminated in accordance with this Agreement.
6. Refunds & Performance Guarantee
6.1 General No-Refund Policy. Except as expressly provided in this section or as required by applicable law, all fees are non-refundable.
6.2 Money-Back Guarantee Addendum. Where offered, a separate Money-Back Guarantee Addendum allows a one-time rescission where the Client has: (a) signed the Program Agreement and made the first payment; (b) attended the kickoff strategy call scheduled by SMWD within the first seven (7) days of the Term; and (c) requested the refund on that recorded call and confirmed the request in writing to pavan@socialmediawithdocs.com within seven (7) calendar days of the first payment. Both the on-call request and the written confirmation are required. If eligible, SMWD will process the refund within ten (10) business days.
6.3 Performance Guarantee. Eligibility under the Performance Guarantee stated in the Program Agreement is subject to the conditions stated there, including: all payments made on time (as defined in Section 5.4), the required content volume published for six (6) consecutive months with the Client having met its cooperation obligations, and the recommended equipment purchased on schedule. The remedy under the Performance Guarantee is continued service at no additional cost for up to ninety (90) days or until the milestone is reached, whichever comes first. It is not a refund. Purchasing traffic, followers, or engagement from any third party, or interfering with published content or the account strategy, nullifies the Guarantee.
6.4 Exclusive Remedy. The refund and guarantee provisions in this section are the Client's sole and exclusive remedies for dissatisfaction with the Services, to the fullest extent permitted by law.
7. Chargebacks & Payment Disputes
7.1 Mandatory Pre-Dispute Resolution. Before initiating any chargeback, reversal, or payment dispute with your bank, card issuer, or payment processor, you must first contact SMWD at pavan@socialmediawithdocs.com and make a good-faith effort to resolve the issue directly. You agree to allow SMWD at least fifteen (15) business days from the date of your written notice to address any payment processing issue (including an overcharge, double charge, or billing error) before escalating. This fifteen (15) day pre-dispute period applies only to payment processing issues; all other disputes are governed by the cure periods in the section titled "Withdrawal, Termination & Survival."
7.2 Improper Chargebacks. A chargeback, reversal, or payment dispute initiated without first completing the process in Section 7.1, or initiated in respect of amounts properly charged under this Agreement (including in respect of Deliverables deemed accepted under Section 3.5), is an improper chargeback and constitutes a material breach of this Agreement.
7.3 Remedies for Improper Chargebacks. Upon an improper chargeback, SMWD may: (a) suspend or terminate the Services without refund; (b) declare the entire unpaid balance immediately due and payable under Section 5.7; (c) recover the disputed amount, all dispute and processing fees incurred, and all costs of collection and enforcement under the section titled "Collection Rights & Remedies"; (d) provide evidence of this Agreement and the Client's acceptance of Deliverables to payment processors and card networks in contesting the dispute; and (e) offset any amounts owed against any refunds or credits.
8. Non-Disparagement
8.1 Mutual Obligation. Each party agrees not to make, publish, or cause to be published any statement about the other party, its services, its personnel, or its business that is (a) false, (b) defamatory under applicable law, or (c) materially misleading and reasonably likely to deceive, on any platform, including social media, online review sites, podcasts, videos, interviews, blog posts, and communications to any third party. Each party further agrees not to file any knowingly false report about the other with a regulatory agency, payment processor, or platform trust-and-safety function. This section survives termination of the Agreement.
8.2 Carve-Outs. Nothing in this section restricts or prohibits: (a) truthful statements based on a party's actual experience, including any honest negative review of the other party's services; (b) statements made under legal compulsion or in response to a subpoena, court order, or other lawful process; (c) statements made to a regulator, payment processor, or platform trust-and-safety function in good faith and based on a reasonable belief in their truth; (d) statements made in private, confidential communications, including with a party's spouse, attorney, accountant, financial advisor, therapist, or clergy; or (e) statements made in connection with the enforcement of this Agreement.
8.3 Breach & Remedies. A material breach of this section means any false, defamatory, or materially misleading statement published or caused to be published by a party about the other party, its services, or its personnel. Truthful criticism and statements within the carve-outs above do not constitute a breach. Multiple statements made as part of a single communication constitute one breach. A material breach of this section is a material breach of the Agreement. The non-breaching party shall provide written notice specifying the alleged breach, and the breaching party shall have fifteen (15) calendar days to cure by retracting or removing the statement and, where applicable, issuing a corrective statement. If the breach is not cured, the non-breaching party is entitled to seek actual damages proven with reasonable certainty and injunctive or other equitable relief.
8.4 Review Fairness Savings Clause. Nothing in these Terms is intended to or shall be construed to: (a) prohibit, restrict, or penalize the Client's truthful written, verbal, or pictorial review, performance assessment, or similar analysis of SMWD's Services, including any honest negative review based on the Client's actual experience; (b) impose a fee or penalty on the Client for posting any honest review; or (c) require the Client to assign or transfer any intellectual property right in any such review to SMWD. This section is intended to be enforceable only to the extent consistent with applicable law, including the United States Consumer Review Fairness Act (15 U.S.C. § 45b) where it applies.
9. Medical Professionals, Compliance & Patient Information
9.1 Licensure. The Client represents and warrants that it is, or is a business owned or operated by, a licensed or otherwise duly authorized healthcare professional in good standing in each jurisdiction in which it practices, and that it will notify SMWD promptly of any suspension, restriction, or loss of licensure during the Term.
9.2 No Patient Information. The Services are marketing services for the Client's business. They do not require, and must not include, patient records or protected health information ("PHI") as defined under the United States Health Insurance Portability and Accountability Act ("HIPAA") or equivalent information under other applicable health-privacy laws. The Client must not provide, transmit, upload, or otherwise make available any PHI or patient records to SMWD. SMWD does not act as a Business Associate of the Client under HIPAA and will not enter into a Business Associate Agreement. If the Client transmits patient information to SMWD in breach of this section, the Client does so at its sole risk and responsibility, and SMWD may delete such information without notice and without liability.
9.3 Patient Likenesses & Testimonials. Where the Client supplies or approves content featuring a patient's likeness, image, story, testimonial, or other identifiable information, the Client represents and warrants that it has first obtained a valid written authorization from that patient that complies with applicable law, and the Client will provide a copy of that authorization to SMWD on request. SMWD may decline to produce or publish patient-related content in its reasonable discretion.
9.4 Medical Accuracy & Advertising Rules. The Client is solely responsible for the medical and scientific accuracy of the substantive content it provides and approves, and for compliance with the advertising, testimonial, and marketing rules of its licensing board or college and all other laws applicable to its profession. SMWD provides marketing services only; it does not provide medical, legal, or regulatory advice, and it makes no medical, treatment, or patient-outcome claims on behalf of the Client.
10. Acceptable Use
The Client will not use the Services to create, request, or publish content that is unlawful, deceptive, infringing, hateful, or harassing, or that violates the policies of the platforms on which content is published; will not abuse, harass, or threaten SMWD personnel or contractors; will not share, resell, sublicense, or provide third parties with access to SMWD materials, systems, or deliver channels; and will not use the Services to promote products, services, or treatments in violation of applicable law or platform rules. SMWD may decline to produce or publish content that it reasonably believes violates this section or platform policies, without reducing the Client's payment obligations, and will work with the Client in good faith on a compliant alternative. Repeated or serious violations of this section are a material breach.
11. Indemnification
To the fullest extent permitted by law, the Client shall defend, indemnify, and hold harmless SMWD or partners, its shareholders, directors, officers, employees, contractors, agents, successors, and assigns from and against any and all claims, damages, liabilities, losses, costs, and expenses (including legal fees) arising out of or related to: (a) the Client's use of the Services; (b) the Client's breach of this Agreement, including the representations in the section titled "Medical Professionals, Compliance & Patient Information"; (c) the Client's violation of any law, professional rule, or third-party right; (d) any content the Client provides, approves, publishes, or distributes, including patient-related content; or (e) any government or regulatory investigation, legal action, or claim against the Client's business. This indemnification obligation survives termination of the Agreement.
12. Disclaimers & Limitation of Liability
12.1 No Success Guarantees. Except for the Performance Guarantee expressly stated in the Program Agreement, SMWD disclaims any guarantee of business success, income generation, revenue, patients, leads, or sales. Results depend on the Client's participation, market conditions, specialty, content quality, platform behavior, and numerous factors beyond SMWD's control.
12.2 As-Is / As-Available. ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12.3 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, SMWD'S TOTAL AGGREGATE LIABILITY TO THE CLIENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CLIENT TO SMWD IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
12.4 No Consequential Damages. IN NO EVENT SHALL SMWD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REPUTATION, BUSINESS OPPORTUNITY, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY.
13. Intellectual Property
13.1 SMWD IP. All frameworks, methodologies, systems, processes, templates, and tools created by SMWD are proprietary and protected by intellectual property law. The Client receives a limited, non-exclusive, non-transferable, revocable licence to use SMWD materials solely for the Client's internal business purposes during the Term.
13.2 Client Content & Deliverables. The Client retains ownership of its raw footage and brand assets, and grants SMWD a licence to edit, adapt, repurpose, and use them for the purpose of delivering the Services. Upon payment of the fees relating to them, final Deliverables published for the Client belong to the Client. SMWD retains ownership of its underlying frameworks, templates, and processes used to create Deliverables.
13.3 Portfolio & Testimonial Licence. The Client grants SMWD a worldwide, royalty-free licence to use the Client's name, likeness, published results, and testimonials in SMWD's marketing, case studies, and portfolio. The Client may revoke this licence by written notice to pavan@socialmediawithdocs.com; on receipt, SMWD will make no new uses and will remove the Client's materials from marketing channels under SMWD's control within a reasonable period.
13.4 Prohibition on Misuse. Unauthorized reproduction, distribution, resale, sublicensing, reverse engineering, or creation of derivative works from SMWD materials is strictly prohibited and constitutes a material breach entitling SMWD to immediate termination, injunctive relief, and damages.
14. Non-Solicitation
During the Term and for twelve (12) months following completion or termination, the Client shall not directly or indirectly solicit, hire, engage, or contract with any SMWD employee, contractor, editor, or content manager outside of SMWD's approved channels. The parties agree that the harm from such circumvention is difficult to quantify at the time of contracting, and that liquidated damages of Fifteen Thousand Dollars USD ($15,000 USD) per person so solicited, hired, or engaged represent a reasonable pre-estimate of SMWD's recruitment, training, and replacement costs and are not a penalty. SMWD is also entitled to injunctive or other equitable relief.
15. Confidentiality
15.1 The Client acknowledges that SMWD's methods, strategies, pricing structures, systems, processes, and contractor networks are proprietary and confidential. The Client agrees not to disclose, share, or otherwise make available such confidential information to any third party except as necessary for the Client's internal business use.
15.2 This confidentiality obligation survives termination of the Agreement for a period of three (3) years.
16. Withdrawal, Termination & Survival
16.1 Client Withdrawal. The Client may stop participating in the program at any time, but remains obligated to pay the full Program Fee for the Initial Term per the payment schedule. Voluntary withdrawal does not entitle the Client to any refund.
16.2 Termination by SMWD. SMWD may terminate this Agreement, subject to the cure periods in Section 16.4 where applicable, if the Client: (a) fails to comply with any material term; (b) engages in activity violating the section titled "Acceptable Use"; (c) fails to make any payment when due; or (d) initiates an improper chargeback.
16.3 Mutual Termination. This Agreement may be terminated by mutual written agreement of both parties. Unless such an agreement expressly states otherwise, the Surviving Provisions identified in Section 16.5 remain in full force and effect.
16.4 Cure Periods. Material breaches require written notice. Payment breaches must be cured within fifteen (15) calendar days. All other breaches must be cured within thirty (30) calendar days. Failure to cure within the applicable period constitutes grounds for termination.
16.5 Survival. The following sections (the "Surviving Provisions") survive termination of this Agreement by any means: "Fees, Billing & Payment Obligations," "Chargebacks & Payment Disputes," "Non-Disparagement," "Medical Professionals, Compliance & Patient Information" (as to representations made and content produced during the Term), "Indemnification," "Disclaimers & Limitation of Liability," "Intellectual Property," "Non-Solicitation," "Confidentiality," "Collection Rights & Remedies," "Governing Law," and "Mandatory Binding Arbitration." Any obligation accrued before termination also survives.
17. Collection Rights & Remedies
17.1 Costs of Collection. If SMWD must pursue collection of any amounts owed, the Client agrees to pay all reasonable costs and expenses of collection actually incurred, including reasonable legal fees, court and arbitration fees, and collection agency fees.
17.2 Credit Reporting. SMWD reserves the right to report delinquent accounts to business credit reporting agencies, to the extent permitted by law, after providing the Client with at least thirty (30) days' written notice and an opportunity to cure.
17.3 Third-Party Collections. SMWD may assign, refer, or transfer any delinquent account to one or more third-party collection agencies or legal counsel for recovery. The Client consents to the disclosure of account information, signed agreements, communications, and service delivery records necessary for such collection efforts. Collection costs are the responsibility of the Client pursuant to Section 17.1.
18. Governing Law
This Agreement, and any dispute or claim arising from or related to it (including non-contractual disputes), is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts-of-law principles.
19. Mandatory Binding Arbitration
19.1 Agreement to Arbitrate. You and SMWD agree to resolve all disputes arising out of or relating to this Agreement exclusively through final and binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules. This includes disputes regarding the formation, interpretation, validity, enforceability, or breach of this Agreement or any incorporated document.
19.2 Seat / Venue. The arbitration shall be seated in Toronto, Ontario, Canada, and conducted before a single neutral arbitrator experienced in commercial contracts. Proceedings may be conducted remotely by video conference.
19.3 Delegation. The arbitrator (not any court) has exclusive authority to resolve all gateway issues, including arbitrability, and the scope of this arbitration clause.
19.4 Individual Claims Only / Class Action Waiver. ALL ARBITRATION SHALL PROCEED ON AN INDIVIDUAL BASIS ONLY. CLASS, COLLECTIVE, CONSOLIDATED, AND REPRESENTATIVE ACTIONS ARE EXPRESSLY WAIVED AND PROHIBITED. The arbitrator may not consolidate claims or award relief for any person other than the individual party.
19.5 Fees. Each party shall initially bear its own arbitration costs. The prevailing party is entitled to recover reasonable legal fees, arbitration fees, and costs from the non-prevailing party, as determined by the arbitrator.
19.6 Small-Claims Option. Either party may bring an individual claim in the Ontario Small Claims Court (if within its monetary jurisdiction) as an alternative to arbitration.
19.7 Confidentiality. All arbitration proceedings, filings, evidence, and awards are strictly confidential, except as required for judicial enforcement or by applicable law.
19.8 Survival & Severability. This arbitration clause survives termination of the Agreement. If any portion (except the class-action waiver in Section 19.4) is found unenforceable, the remainder remains in effect. If the class-action waiver is deemed invalid, the entire arbitration clause is void, and exclusive jurisdiction shall reside in the courts of the Province of Ontario.
19.9 Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to protect its intellectual property, trade secrets, or confidential information, and SMWD may do so to enforce payment obligations.
19.10 Limitation Period. All claims must be brought within one (1) year after the claim first arises. Failure to bring a claim within this period constitutes a permanent waiver. The parties agree this Agreement is a business agreement for the purposes of any legislation permitting variation of statutory limitation periods.
20. Compliance with Laws
The Client is solely responsible for compliance with all laws applicable to it and its business, including advertising, data protection, telemarketing, professional, and platform-specific rules, as further set out in the section titled "Medical Professionals, Compliance & Patient Information." All content the Client provides, approves, and publishes remains the Client's responsibility as set out in that section.
21. Force Majeure
Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including natural disasters, cyberattacks, pandemic, government action, or third-party platform outages, suspensions, or algorithm changes.
22. Entire Agreement & Integration
These Terms, together with the incorporated documents and policies, constitute the entire agreement between the Client and SMWD, superseding all prior terms, versions, representations, and understandings. The Client acknowledges that it is not relying on any representation, warranty, or promise not expressly set forth in this Agreement, and that it has independently evaluated the Services.
Severability. If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to be enforceable, or severed if modification is impossible, without affecting the validity of the remaining provisions.
No Waiver. Failure by SMWD to enforce any provision shall not constitute a waiver of that provision or of the right to enforce it later.
23. Notices
All notices under this Agreement shall be in writing and sent to:
Client: the email address or business address associated with the Client's account.
Email notice is deemed received on the date sent (provided no delivery-failure notification is received). Postal notice is deemed received three (3) business days after mailing.
24. Contact