Terms of Service
Effective Date: August 15, 2026
Last Updated: August 15, 2026
These Terms of Service (“Terms”) govern your access to and use of the website, services, communications, and other offerings provided by Koda Media LLC (“Koda Media,” “we,” “us,” or “our”).
By accessing GrowthByKoda.com, submitting information through our website, purchasing services, signing a client agreement, or otherwise engaging Koda Media, you agree to these Terms.
If you do not agree with these Terms, please do not use our website or services.
1. About Koda Media
Koda Media LLC is a digital marketing and customer acquisition agency based in Sarasota, Florida.
Our services may include:
Google Ads management
Meta Ads management
Search engine optimization
Social media management
Content creation
Customer relationship management systems
CRM implementation and management
Email marketing
SMS marketing
Marketing automation
Lead nurturing and follow-up systems
Sales support and sales systems
Print marketing
Direct mail marketing
Marketing strategy
Consulting
Lead generation
Website and landing page support
Tracking and reporting
Other related marketing and customer acquisition services
Specific services provided to a client will be determined by the applicable proposal, order, invoice, statement of work, client agreement, or other written agreement.
2. Website Use
The Koda Media website is provided for informational and business purposes.
You agree not to:
Use our website for unlawful purposes
Attempt to gain unauthorized access to our website or systems
Interfere with website functionality or security
Introduce malicious software or harmful code
Scrape, copy, or reproduce protected website content without authorization
Misrepresent your identity or business
Submit fraudulent or misleading information
Use our website in a manner that violates applicable laws or regulations
We may restrict or terminate access to our website when reasonably necessary to protect Koda Media, our systems, clients, or users.
3. Client Services
Purchasing or discussing a service does not necessarily entitle a client to every service offered by Koda Media.
The exact scope of work will be determined by the client’s applicable agreement, proposal, invoice, or statement of work.
Services outside the agreed scope may require additional fees and written approval.
Koda Media may use employees, contractors, vendors, software providers, fulfillment partners, or other third parties to assist in delivering services.
4. Client Agreements
Clients may be required to execute a separate New Client Agreement, proposal, statement of work, or other service agreement before work begins.
If there is a conflict between these website Terms and a separately signed written agreement between Koda Media and a client, the signed agreement will control with respect to the conflicting provision.
5. Payments and Fees
Unless otherwise agreed in writing, fees for Koda Media services are due in full at the time of signup or purchase.
Koda Media is not required to begin or continue work until required payments have been received.
Recurring services will be billed according to the billing schedule agreed upon at signup.
The client is responsible for maintaining a valid payment method when recurring billing applies.
Failure to make payment may result in:
Paused campaigns
Suspended services
Restricted access
Delayed deliverables
Termination of services
Collection efforts where appropriate
The client remains responsible for amounts properly due for services already performed, delivered, purchased, or incurred.
6. Advertising Spend and Third-Party Costs
Unless expressly included in writing, Koda Media’s management fees do not include advertising spend or third-party costs.
Clients are responsible for costs associated with third-party platforms and services that may include:
Google advertising spend
Meta advertising spend
Direct mail postage
Printing
CRM subscriptions
Email or SMS usage
Phone services
Domains
Hosting
Software subscriptions
Stock media
Third-party applications
Other external tools or services
Third-party charges may be billed directly by the applicable provider or separately by Koda Media when agreed upon.
7. Cancellation
Unless a separate signed agreement provides otherwise, recurring Koda Media services may be canceled at any time.
Cancellation applies to future services and billing and does not create a right to a refund for services already purchased, performed, commenced, reserved, or delivered.
Clients remain responsible for outstanding balances and third-party costs incurred before the effective cancellation date.
Cancellation requests should be submitted in writing to Koda Media.
8. Refund Policy
Except where required by applicable law or expressly agreed otherwise in writing, payments made to Koda Media are non-refundable once services have been purchased or work has begun.
Marketing and consulting services require allocation of staff, strategy, software, account setup, creative resources, and other business resources.
A client’s decision to discontinue services does not entitle the client to a refund for work already completed, commenced, delivered, or resources already committed.
Nothing in this section limits any non-waivable rights or remedies available under applicable law.
9. No Guarantee of Results
Marketing involves numerous factors outside Koda Media’s control.
Koda Media does not guarantee any specific:
Number of leads
Cost per lead
Advertising cost
Search engine ranking
Website traffic level
Conversion rate
Number of appointments
Number of customers
Sales volume
Revenue
Return on advertising spend
Return on investment
Business outcome
Past performance, examples, projections, estimates, case studies, and testimonials do not guarantee future results.
Results may be affected by market conditions, competition, pricing, reputation, seasonality, sales ability, staffing, customer demand, budgets, platform changes, client responsiveness, and numerous other factors.
10. Client Responsibilities
Clients are responsible for providing Koda Media with accurate and timely information necessary to perform services.
This may include:
Business information
Service information
Pricing
Offers
Branding
Images
Videos
Account access
Login credentials or delegated access
Advertising accounts
CRM access
Website access
Approval of campaigns
Approval of content
Compliance information
Licensing information
Required disclosures
Delays caused by missing information, access, approvals, or client communication may affect timelines and performance.
Koda Media is not responsible for delays or performance issues caused by a client’s failure to provide necessary information, access, approvals, or cooperation.
11. Accuracy of Client Information
Clients are responsible for ensuring that information supplied to Koda Media is accurate, lawful, and not misleading.
Koda Media may rely on information supplied by the client when creating advertisements, websites, campaigns, content, print materials, offers, or communications.
The client is responsible for the accuracy of claims regarding:
Pricing
Promotions
Licensing
Certifications
Guarantees
Service availability
Business qualifications
Product information
Financing
Discounts
Geographic service areas
Other representations concerning the client’s business
12. Advertising Platforms
Advertising and marketing platforms are operated by independent third parties.
Koda Media does not control Google, Meta, social media networks, search engines, email providers, telecommunications providers, or other third-party platforms.
These platforms may:
Reject advertisements
Suspend accounts
Restrict campaigns
Change algorithms
Change pricing
Change policies
Modify targeting options
Remove content
Change tracking functionality
Change APIs or integrations
Limit account access
Koda Media is not responsible for actions, outages, restrictions, suspensions, policy changes, or technical problems caused by third-party platforms.
We will make commercially reasonable efforts to address platform-related issues when they affect services within our scope.
13. Search Engine Optimization
SEO results cannot be guaranteed.
Search engines independently determine rankings and may change their algorithms, policies, features, and search results at any time.
Koda Media does not control search engine rankings and does not guarantee that a website will achieve or maintain any particular position.
SEO should generally be considered a long-term marketing strategy, and results may vary significantly.
14. CRM, Automation, Email, and SMS
Koda Media may implement or manage CRM systems, automation, email, SMS, and related technology.
Clients remain responsible for the lawful use of these systems in connection with their businesses.
Clients are responsible for ensuring that they have appropriate permission, consent, or other legal basis to contact individuals through email, telephone, SMS, automated communications, or other channels.
Clients must comply with applicable privacy, advertising, telecommunications, email, and consumer protection laws.
Koda Media may refuse to implement campaigns or communications that we reasonably believe may violate applicable law or platform policies.
15. SMS Consent
When Koda Media collects telephone numbers for its own business communications, SMS messages will be sent in accordance with the consent provided by the recipient and applicable law.
Message frequency may vary. Message and data rates may apply.
Recipients may reply STOP to opt out of applicable marketing text messages and HELP for assistance where supported.
Consent to receive marketing text messages from Koda Media is not a condition of purchasing our services.
When Koda Media manages SMS campaigns on behalf of clients, the client is responsible for maintaining appropriate consent and complying with applicable requirements for its customers and prospects.
16. Email Marketing
Clients using Koda Media for email marketing are responsible for ensuring that recipient lists were obtained and are used lawfully.
Clients may not knowingly provide purchased, scraped, unlawfully obtained, or otherwise prohibited email lists for campaigns.
Email campaigns may be subject to applicable anti-spam laws and the policies of email service providers.
17. Print and Direct Mail
Print and direct mail campaigns may involve third-party printers, mailing services, carriers, list providers, and other vendors.
Clients are responsible for approving final designs, offers, addresses, quantities, and campaign details when approval is requested.
Once a print order has entered production or a mailing campaign has been submitted, it may not be possible to cancel, modify, or refund the order.
Koda Media is not responsible for postal delays, carrier delays, incorrect addresses supplied by a client or third-party data provider, or circumstances outside our reasonable control.
18. Content Creation
Content produced by Koda Media may include graphics, photography, video, advertisements, social media content, written copy, and other creative materials.
Clients are responsible for reviewing materials and notifying Koda Media of factual inaccuracies or necessary corrections.
Koda Media may use properly licensed stock assets, software, templates, fonts, music, artificial intelligence tools, or other third-party resources when appropriate.
Rights associated with third-party materials remain subject to their applicable licenses.
19. Artificial Intelligence
Koda Media may use artificial intelligence and automation tools to assist with research, brainstorming, drafting, analysis, design, editing, optimization, workflow automation, or other aspects of service delivery.
AI-assisted work may be reviewed, modified, or incorporated into work produced by Koda Media.
Clients should not assume that every deliverable was produced exclusively by a human or exclusively by artificial intelligence.
20. Intellectual Property
Unless otherwise agreed in writing, Koda Media retains ownership of its pre-existing intellectual property, proprietary systems, internal processes, templates, frameworks, methodologies, software configurations, know-how, and other materials developed independently of a specific client’s paid deliverables.
Once all amounts owed for a client project or deliverable have been paid in full, the client will own the final custom work created specifically for that client to the extent transferable by Koda Media, subject to third-party licenses and Koda Media’s pre-existing intellectual property.
This may include final approved:
Graphics
Written content
Custom creative assets
Website content
Client-specific marketing materials
Other custom deliverables
Koda Media does not transfer ownership of third-party software, advertising platforms, licensed assets, stock media, fonts, plugins, applications, or other materials that Koda Media does not own.
21. Campaigns, Systems, and Internal Processes
Koda Media may build campaigns, workflows, CRM configurations, automations, advertising structures, templates, processes, and other systems while providing services.
A client may receive ownership or continued use rights to client-specific deliverables once all applicable amounts have been paid, as provided by the applicable client agreement.
Koda Media retains ownership of its general methodologies, strategies, frameworks, reusable templates, internal processes, know-how, and systems that are not unique to the client.
22. Portfolio and Marketing Use
Unless prohibited by a separate written agreement, Koda Media may reference publicly available work completed for a client in its portfolio, website, social media, proposals, case studies, and marketing materials.
Koda Media will not intentionally disclose confidential client information merely for promotional purposes.
A client may request reasonable restrictions on future portfolio use by contacting Koda Media in writing.
23. Confidentiality
Koda Media will take reasonable measures to protect confidential business information provided by clients.
Clients likewise agree not to disclose Koda Media’s confidential internal information, proprietary materials, private processes, passwords, systems, or non-public business information without authorization.
Confidentiality obligations do not apply to information that is publicly available through no breach of an obligation, independently developed, lawfully received from another source, or required to be disclosed by law.
24. Account Access and Security
Clients may provide Koda Media with access to websites, advertising accounts, CRM systems, social media accounts, analytics platforms, and other business systems.
Clients should use appropriate account-security practices and, when available, provide delegated or role-based access rather than unnecessarily sharing primary passwords.
Koda Media will take reasonable measures to protect access information in its possession but cannot guarantee absolute security.
Clients are responsible for promptly notifying Koda Media when access should be changed or revoked.
25. Third-Party Software and Services
Koda Media may recommend or use third-party software and services.
Koda Media does not own or control these third-party providers and is not responsible for their:
Pricing changes
Outages
Data loss
Security incidents
Service interruptions
Feature changes
Policy changes
Account restrictions
Discontinuation
Use of third-party services may be subject to separate terms and privacy policies.
26. Sales Support
When Koda Media provides sales support, consulting, scripts, processes, training, CRM pipelines, or other sales-related assistance, the client remains responsible for its sales operations and customer relationships.
Koda Media does not guarantee that any lead, appointment, quote, estimate, or sales opportunity will result in a completed sale.
The client’s pricing, sales ability, availability, customer service, reputation, response time, and fulfillment may materially affect results.
27. Testimonials and Case Studies
Testimonials, examples, case studies, and client results displayed by Koda Media represent individual experiences and are not guarantees that another client will achieve identical or similar results.
Results vary based on numerous factors.
28. Communication
By contacting Koda Media or becoming a client, you authorize us to communicate with you through reasonable business channels, including email, telephone, and other methods appropriate to the relationship.
Marketing communications requiring separate consent will be handled according to applicable consent requirements.
29. Limitation of Liability
To the maximum extent permitted by applicable law, Koda Media LLC and its owners, employees, contractors, agents, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the website or services.
This may include loss of profits, revenue, business opportunities, data, goodwill, or anticipated savings.
To the maximum extent permitted by applicable law, Koda Media’s aggregate liability arising from a specific service relationship will not exceed the amount paid by the client to Koda Media for the specific services giving rise to the claim during the three months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
30. Indemnification
To the extent permitted by law, clients agree to indemnify, defend, and hold harmless Koda Media LLC and its owners, employees, contractors, agents, and affiliates from third-party claims, liabilities, damages, losses, and reasonable costs arising from:
False or misleading information supplied by the client
Client products or services
Client violations of law
Client infringement of third-party rights
Unauthorized use of customer data
Client-provided marketing claims
Client failure to obtain legally required permissions or consent
Client misuse of systems or deliverables provided by Koda Media
This provision does not require indemnification for matters to the extent caused by Koda Media’s own conduct where such indemnification is prohibited by law.
31. Force Majeure
Koda Media will not be responsible for delays or failure to perform caused by circumstances beyond our reasonable control.
These circumstances may include natural disasters, severe weather, internet outages, power failures, labor disruptions, governmental actions, wars, civil disturbances, platform outages, telecommunications failures, cyberattacks, vendor failures, or similar events.
32. Termination of Services
Koda Media reserves the right to suspend or terminate services when reasonably necessary due to:
Nonpayment
Fraudulent activity
Illegal activity
Abuse or harassment
Material breach of an agreement
Repeated failure to cooperate
Conduct that creates material legal, reputational, or security risk
Requests that violate applicable laws or platform policies
Any outstanding amounts properly owed remain due after termination.
33. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
To the extent legally permitted and unless a separate signed agreement states otherwise, disputes relating to these Terms or Koda Media’s services will be subject to the jurisdiction of the appropriate state or federal courts located in Florida.
34. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in full force and effect to the extent permitted by law.
35. No Waiver
Failure by Koda Media to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
36. Entire Agreement
These Terms, together with our Privacy Policy and any applicable signed client agreement, proposal, statement of work, invoice, or other written agreement, constitute the applicable agreement between the parties regarding the matters they cover.
A separately signed client agreement may contain additional or different terms.
37. Changes to These Terms
Koda Media may update these Terms periodically to reflect changes to our services, business practices, technology, or legal requirements.
Updated Terms will be posted on our website with a revised “Last Updated” date.
Changes will apply prospectively as required by applicable law and will not retroactively override terms in a signed client agreement unless agreed by the parties.
38. Contact Information
Questions regarding these Terms of Service may be directed to:
Koda Media LLC
Sarasota, Florida, United States
Email: team@growthbykoda.com
Phone: (941) 201-9017
Website: GrowthByKoda.com
Koda Media LLC
The Magic of Marketing. The Power of Sales.
These Terms are intended as general website terms for Koda Media’s stated business model. They do not replace a client-specific service agreement. Because contract, advertising, SMS, privacy, cancellation, and consumer-protection requirements can vary, attorney review is recommended before publishing or relying on these Terms.