Terms of service

1. Who We Are

MotionGrowth is a creative advertising and video editing agency helping DTC and eCommerce brands produce performance-focused video ads for platforms such as Meta, TikTok, Instagram, and other paid social channels.

Legal entity: Motion Growth OÜ
Registered address: Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 71, 11415, Estonia
Website: motiongrowth.co
Email: hello@motiongrowth.co

2. Scope of These Terms

These Terms apply to:

- Your use of our website
- Contact forms, booking forms, and website interactions
- Sales communications and consultations
- Proposals, scopes of work, and service discussions
- Creative advertising, video editing, and related services provided by MotionGrowth

If you become a client, additional terms may be included in a proposal, statement of work, invoice, contract, email agreement, or other written agreement between you and MotionGrowth.

If there is a conflict between these Terms and a signed agreement, proposal, statement of work, or invoice, the specific written agreement will control for that project or service.

3. Our Services

MotionGrowth provides creative and video advertising services, which may include:

- Video ad editing
- Paid social creative production
- UGC-style ad editing
- Performance-focused creative assembly
- Hook, pacing, structure, and ad concept recommendations
- Creative testing support
- Ad variations, resizing, and format adaptation
- Creative review and feedback
- Portfolio, case study, and creative consulting support where agreed

The exact services, deliverables, timelines, pricing, revision scope, and responsibilities will be defined in a proposal, statement of work, invoice, or other written agreement.

Unless expressly agreed in writing, our services do not include:

- Media buying
- Ad account management
- Influencer sourcing or management
- Talent contracts or creator licensing
- Product photography or filming
- Legal review of advertising claims
- Regulatory compliance review
- Full brand strategy
- Guaranteed advertising performance
- Guaranteed platform approval

4. No Performance Guarantees

MotionGrowth creates advertising materials intended to support marketing and paid social performance. However, we do not guarantee specific business, marketing, or advertising results.

We do not guarantee:

- Revenue
- ROAS
- CPA
- CTR
- Conversion rates
- Hook rates
- Hold rates
- Sales volume
- Profitability
- Platform approval
- Ad account stability
- Campaign performance

Advertising performance depends on many factors outside our control, including your offer, product, pricing, website, landing page, audience, media buying, market demand, brand trust, seasonality, competition, budget, platform algorithms, and ad account history.

Any examples, metrics, case studies, testimonials, or results shown on our website or in sales materials are illustrative only and do not guarantee future results.

5. Client Responsibilities

If you engage MotionGrowth for services, you are responsible for providing the materials, information, and approvals needed for us to complete the work.

This may include:

- Brand assets
- Product information
- Raw footage
- UGC or creator content
- Product images
- Creative briefs
- Ad references
- Testimonials or customer reviews
- Performance data
- Brand guidelines
- Feedback and approvals
- Access to shared folders, platforms, or project tools where needed

You agree that any materials, claims, instructions, or assets you provide to us are accurate, lawful, and suitable for the intended advertising or marketing use.

You are responsible for ensuring that your products, services, claims, offers, landing pages, advertising accounts, and marketing campaigns comply with applicable laws, industry rules, consumer protection standards, and platform policies.

6. Advertising Claims and Compliance

You are responsible for the accuracy and legality of all claims about your products, services, pricing, offers, testimonials, reviews, results, health benefits, environmental benefits, financial benefits, or any other marketing statements.

This includes claims that appear in:

- Video ads
- Scripts
- Voiceovers
- Captions
- On-screen text
- Product demonstrations
- Customer testimonials
- UGC content
- Landing pages
- Sales pages
- Ad copy
- Creative briefs
- Supporting materials

MotionGrowth may help structure, edit, or present advertising messages, but we do not independently verify the truth, legality, substantiation, or regulatory compliance of your claims unless expressly agreed in writing.

You are responsible for obtaining legal, regulatory, or compliance review where needed.

7. Platform Policies

You are responsible for ensuring that your advertising materials, products, offers, targeting, landing pages, and campaigns comply with the rules and policies of the platforms where the ads will run, including Meta, TikTok, Instagram, YouTube, Google, LinkedIn, and any other relevant platform.

MotionGrowth is not responsible for:

- Rejected ads
- Disapproved creatives
- Disabled ad accounts
- Platform enforcement actions
- Restricted products or services
- Changes in platform policies
- Delays caused by ad review
- Campaign underperformance due to platform decisions

If a platform requests changes to a creative asset, we may assist with revisions if agreed, but such work may be subject to the project’s revision limits, timelines, or additional fees.

8. Client Materials and Third-Party Rights

You represent and warrant that you have all necessary rights, permissions, licenses, releases, and consents to provide materials to MotionGrowth and to use them for advertising, marketing, and creative production.

This includes rights related to:

- Raw footage
- Creator content
- UGC
- Product images
- Music
- Voiceovers
- Fonts
- Graphics
- Testimonials
- Customer reviews
- Names, images, likenesses, faces, and voices
- Social media content
- Third-party brand assets
- Any other materials you provide

You are responsible for ensuring that client materials do not infringe copyright, trademark, publicity rights, privacy rights, contractual rights, or any other third-party rights.

MotionGrowth is not responsible for claims arising from materials, instructions, claims, or assets provided by you.

9. Creator, UGC, and Testimonial Content

If you provide UGC, creator footage, influencer content, customer testimonials, or review-based materials, you are responsible for ensuring that:

- The content was lawfully obtained
- The creator or customer gave appropriate permission
- Usage rights cover the intended platforms, territories, duration, formats, and paid advertising use
- Any required disclosures are included
- The content does not contain false, misleading, or unsubstantiated claims
- The content complies with applicable advertising and endorsement rules

MotionGrowth may edit or adapt such materials for advertising purposes, but we are not responsible for obtaining creator releases, customer consents, or legal approvals unless expressly agreed in writing.

10. Payments, Fees, and Billing

Fees, payment terms, billing schedules, retainers, milestones, and payment methods will be specified in a proposal, invoice, statement of work, or written agreement.

Unless otherwise agreed in writing:

- Work may begin only after payment is received or the applicable milestone is funded
- Monthly retainers are billed in advance
- Fees are non-refundable once work has started
- Late payments may delay delivery
- Additional work outside the agreed scope may require additional fees
- Taxes, payment processing fees, platform fees, or currency conversion fees may be charged where applicable

If payment is late, MotionGrowth may pause work, delay delivery, withhold files, or suspend services until payment is received.

11. Retainers and Monthly Capacity

If you engage MotionGrowth on a monthly retainer, the retainer reserves creative production capacity for the agreed period.

Unless otherwise agreed in writing:

- Monthly retainers do not automatically roll over
- Unused capacity, concepts, or deliverables do not transfer to future months
- Delays caused by missing assets, late feedback, unclear briefs, or late approvals may affect delivery
- A new month or billing period starts a new production cycle
- Work depends on timely delivery of client materials and feedback

The exact retainer scope, deliverables, and timelines will be defined in the applicable proposal, invoice, or statement of work.

12. Timelines and Delivery

We aim to deliver work within the timelines agreed for each project. Estimated delivery timelines may depend on:

- Payment status
- Complete briefs
- Availability of raw materials
- Client feedback speed
- Revision volume
- Project complexity
- Number of formats or variations
- Third-party tools or approvals
- Scope changes

Any delivery timelines shared by MotionGrowth are estimates unless expressly stated as guaranteed in writing.

We are not responsible for delays caused by incomplete materials, delayed feedback, platform issues, third-party tools, technical problems, force majeure events, or changes in project scope.

13. Revisions and Feedback

Revision terms will be defined in the applicable proposal, invoice, or written agreement.

Unless otherwise agreed:

- Revisions must relate to the agreed scope
- Revision requests must be clear and consolidated where possible
- New concepts, new briefs, new footage, major restructuring, new scripts, additional formats, or changes in direction may be treated as additional work
- Delayed or unclear feedback may affect delivery timelines
- Revisions requested after final approval may require additional fees

MotionGrowth may use professional judgment in editing decisions, pacing, structure, visual hierarchy, and performance-oriented creative choices.

14. Approval of Work

You are responsible for reviewing and approving all deliverables before using them in advertising, marketing, or publication.

Approval means that you have reviewed the deliverable and accept responsibility for its use, including:

- Product claims
- Legal compliance
- Platform compliance
- Brand accuracy
- Spelling and factual accuracy
- Rights and permissions
- Pricing, offers, and promotions
- Testimonials and customer statements

MotionGrowth is not responsible for errors, claims, or compliance issues that were present in client-provided materials or approved deliverables.

15. Intellectual Property

Client materials

You retain ownership of materials you provide to MotionGrowth, including your brand assets, product images, raw footage, logos, trademarks, and other client-owned content.

MotionGrowth work product

Unless otherwise agreed in writing, and subject to full payment of all applicable fees, you receive the agreed usage rights to final approved deliverables created by MotionGrowth for your project.

MotionGrowth retains ownership of:

- Internal processes
- Editing systems
- Templates
- Frameworks
- Know-how
- Project workflows
- Creative methodologies
- Non-client-specific materials
- Pre-existing assets or tools
- Drafts, unused concepts, and internal working files unless expressly included

Working files, project files, editable files, source files, and internal production files are not included unless expressly agreed in writing.

Third-party assets

Some deliverables may include third-party assets such as stock footage, music, fonts, plugins, templates, or software-based elements. Usage rights for those assets may be subject to third-party license terms.

16. Portfolio Use

Unless otherwise agreed in writing, MotionGrowth may display selected client work, creative examples, video ads, client names, brand references, results, testimonials, or case studies in our portfolio, website, sales materials, social media, proposals, or other marketing materials.

We may use this material to show examples of our work, creative process, editing quality, or performance-oriented production.

If a client requires confidentiality, restricted portfolio use, delayed publication, or NDA protection, this must be agreed in writing.

17. Confidentiality

During a project, either party may share confidential business, creative, operational, financial, or strategic information.

Both parties agree to use reasonable care to protect confidential information and not disclose it to unauthorized third parties, except where necessary to provide services, comply with law, work with approved service providers, or enforce legal rights.

Confidential information does not include information that:

- Is publicly available
- Was already known without restriction
- Is independently developed
- Is lawfully received from another source
- Must be disclosed by law or legal process

18. Third-Party Tools and Platforms

We may use third-party tools and platforms to operate our website, manage communication, deliver services, schedule calls, process payments, automate workflows, and manage projects.

These may include tools such as Framer, Google Analytics, Meta Pixel, LinkedIn Insight Tag, Calendly, HubSpot, Apollo, Mailchimp, Stripe, Typeform, Zapier, cloud storage, email, project management, and communication tools.

We are not responsible for the availability, security, performance, outages, errors, or policies of third-party tools or platforms.

Your use of third-party tools may be subject to their own terms and privacy policies.

19. Website Use

You may use our website only for lawful purposes.

You agree not to:

- Interfere with the website’s operation
- Attempt to access restricted systems
- Scrape, copy, or misuse website content
- Submit false or misleading information
- Use the website for spam or unlawful activity
- Upload malicious code or harmful files
- Violate any applicable law or regulation

We may restrict access to our website or services if we believe these Terms have been violated.

20. Website Content

All content on motiongrowth.co, including text, images, videos, designs, graphics, case studies, examples, frameworks, layouts, and other materials, is owned by or licensed to MotionGrowth unless otherwise stated.

You may view website content for informational and business evaluation purposes.

You may not copy, reproduce, distribute, modify, publish, sell, or exploit website content without our prior written permission.

21. Disclaimer of Warranties

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

To the maximum extent permitted by law, MotionGrowth disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and uninterrupted operation.

We do not guarantee that:

- The website will always be available
- The website will be error-free
- Services will produce specific commercial results
- Ads will be approved by platforms
- Campaigns will achieve specific performance metrics
- Third-party tools will operate without interruption

22. Limitation of Liability

To the maximum extent permitted by law, MotionGrowth will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost business opportunities, ad spend losses, platform account issues, reputational harm, or business interruption.

To the maximum extent permitted by law, MotionGrowth’s total liability for any claim related to the website, services, or these Terms will not exceed the amount paid by you to MotionGrowth for the specific services giving rise to the claim during the three months before the claim arose.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

23. Indemnification

You agree to defend, indemnify, and hold harmless MotionGrowth, its directors, contractors, team members, partners, and service providers from any claims, damages, liabilities, losses, costs, or expenses arising from:

- Materials you provide
- Claims you ask us to include
- Your products or services
- Your advertising campaigns
- Your website or landing pages
- Your breach of these Terms
- Your violation of applicable laws or platform policies
- Your infringement of third-party rights
- Your misuse of deliverables
- Lack of required permissions, releases, or consents

24. Termination and Suspension

We may suspend or terminate access to services if:

- Payment is late
- Required materials are not provided
- Communication becomes unreasonable or abusive
- The project scope materially changes
- You breach these Terms
- Continuing the work would create legal, reputational, operational, or compliance risk
- We are required to do so by law or platform policy

Termination terms for paid projects may be further defined in the applicable proposal, invoice, statement of work, or contract.

25. Force Majeure

MotionGrowth is not responsible for delays or failure to perform caused by events outside our reasonable control, including natural disasters, war, strikes, internet outages, platform outages, cyberattacks, government actions, payment processor issues, illness, power failures, or other events beyond our control.

26. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, website, tools, business practices, or legal requirements.

When we update these Terms, we will revise the “Last updated” date at the top of this page.

Your continued use of our website or services after changes are posted means you accept the updated Terms.

27. Governing Law and Jurisdiction

These Terms are governed by the laws of Estonia, unless mandatory applicable law requires otherwise.

Any disputes arising from or related to these Terms, our website, or our services will be subject to the competent courts of Estonia, unless otherwise required by mandatory applicable law or agreed in writing.

28. Contact Us

If you have questions about these Terms, contact us at:

Motion Growth OÜ
Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 71, 11415, Estonia
Email: hello@motiongrowth.co
Website: motiongrowth.co