Ascend Futures LLC — Effective April 8, 2026
1. AGREEMENT. These Terms of Service ("Agreement") constitute a legally binding contract between the client ("Client," "you," "your") and Ascend Futures LLC, a Florida limited liability company ("Company," "we," "us," "our"). By engaging our services, submitting any intake form, making any payment, or otherwise accepting these terms, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. This Agreement supersedes all prior oral or written agreements, representations, warranties, or understandings between the parties regarding the subject matter herein. If you do not agree with any provision of these Terms, do not proceed with payment or use of services. Your continued use of services after any modification to these Terms constitutes acceptance of such modifications.
2. SERVICES. The Company provides AI-powered business solutions including but not limited to AI content creation and media generation (images, video, copy, social media assets, advertisements), website and web application design, development, deployment and maintenance, digital strategy, brand systems, market positioning and competitive analysis, business automation, workflow design, operational optimization and process improvement, infrastructure setup, API integration, technical configuration and system administration, lead generation systems, marketing automation, CRM integration, and related consulting and advisory services. The specific scope of work for each Client is determined during the intake and onboarding process and may be modified from time to time at the Company's discretion based on project requirements, available resources, technological developments, and business needs. Services are delivered on a best-effort basis. While we strive to meet all stated objectives and deliverables, outcomes including but not limited to revenue increases, lead generation volumes, conversion rates, view counts, engagement metrics, search engine rankings, and return on investment are estimates only and are not guaranteed. Results vary based on industry conditions, market dynamics, competitive landscape, content quality, audience behavior, platform algorithm changes, seasonal factors, and numerous other variables outside our direct control. The Company makes no representations or warranties regarding specific outcomes or results.
3. PAYMENT. A one-time System Setup Fee is required to begin work as specified in the Client's individual quote or onboarding agreement. This fee may be split into installments as outlined in the quote. The first installment (deposit) is due at time of engagement and work begins upon receipt. Subsequent installments are due upon completion of the applicable milestone. After the initial setup period, a recurring Monthly Service Fee is charged as specified in the Client's quote or agreement. This fee covers ongoing system operation, content delivery, direct access to the assigned operator, system optimization, and continued maintenance. Rates are subject to renegotiation at the request of either party as the Client's business scales, service requirements change, scope of work expands, API usage requirements increase, additional platform integrations are needed, or third-party pricing changes occur. Rate adjustments require mutual agreement and take effect at the start of the next billing cycle. The Company will provide at least fourteen (14) days written notice before any proposed rate increase. Client may accept the new rate or cancel their subscription before the next renewal date.
4. API USAGE AND THIRD-PARTY COSTS. Certain services require the use of third-party APIs, platforms, and services including but not limited to OpenAI, Anthropic, Midjourney, Runway, ElevenLabs, Stability AI, cloud hosting providers, domain registrars, analytics platforms, social media APIs, and similar services. Client is responsible for providing and funding their own API keys, accounts, and subscriptions for these services as directed during onboarding. Client acknowledges and agrees that API tokens, credits, and resources associated with Client's accounts are provided to Ascend Futures LLC as an operational resource for the duration of the service relationship. Once API credentials are shared with the Company, the Company has full discretion over how those tokens and resources are utilized in connection with the service relationship and the Company's ongoing operations. Usage categories include but are not limited to direct work on Client's projects, campaigns, deliverables, and content production, system testing, quality assurance, debugging, performance benchmarking, and optimization, research and development related to improving Client's systems, service quality, or the Company's methodologies, training, calibration, fine-tuning, and evaluation of AI models, prompts, workflows, and pipelines, general operational overhead necessary to maintain, improve, and evolve the service and the Company's capabilities, exploring new tools, platforms, techniques, models, architectures, or capabilities including those that may not be directly related to Client's current projects but contribute to the Company's ability to deliver better results over time, answering operational questions, conducting market research, competitive analysis, industry research, or other inquiries that inform the Company's service delivery and expertise across its practice, infrastructure maintenance, monitoring, system health checks, backup operations, and security scanning, cross-project learning and methodology development that benefits the broader quality of service delivery, and any other reasonable use at the Company's sole discretion in connection with providing, maintaining, improving, or developing the services or the Company's operational capabilities. Client understands and expressly acknowledges that not all API usage will be directly attributable to a specific deliverable, project, or campaign for the Client. Operating an AI-powered service requires ongoing research, experimentation, model evaluation, comparative testing, prompt engineering, capability assessment, and operational queries that are essential to maintaining and improving service quality. These activities are a normal, expected, and necessary part of the service and are included in the scope of work covered by the Monthly Service Fee. API usage is managed within the general range of the monthly budget tier selected by the Client during onboarding. The Company will make reasonable efforts to manage usage within the selected budget but does not guarantee exact usage amounts. Overages of up to twenty percent (20%) above the selected tier may occur during periods of optimization, system upgrades, research, service improvements, peak production periods, or operational necessity and are considered part of normal service operation. For sustained usage consistently above the selected tier, the Company will recommend a budget adjustment. Client may request to adjust their API budget tier at any time by notifying the Company. Changes take effect the following billing cycle. Client agrees not to revoke, rotate, restrict, or otherwise limit API keys or access credentials without seven (7) days prior written notice to the Company, as doing so may disrupt active systems, automations, scheduled content, and ongoing operations. The Company is not required to provide itemized usage reports, detailed breakdowns of individual API calls, token-level accounting, or per-query attribution. If requested, the Company may provide a general summary of usage categories at its discretion, but is under no obligation to account for each individual query, request, or token consumed.
5. REFUNDS. The initial deposit payment is non-refundable once work has begun. If the Company has not commenced work within forty-eight (48) hours of payment, Client may request a full refund of the deposit. Monthly service fees are non-refundable for the current billing period but will not be charged for subsequent periods upon cancellation. No partial refunds are issued for unused days, reduced usage, or any other reason within an active billing cycle. API and third-party costs incurred through Client's own accounts are non-refundable by Ascend Futures LLC as these are billed directly by the respective providers and are outside the Company's control.
6. CLIENT RESPONSIBILITIES. Client agrees to provide accurate and complete information during the intake process and throughout the service relationship, respond to communications in a timely manner (within forty-eight hours for time-sensitive requests), set up and fund required third-party accounts and API keys as directed during onboarding and maintain adequate balances, provide necessary brand assets, access credentials, content guidelines, and business information as requested, review and approve deliverables within a reasonable timeframe (five business days unless otherwise agreed), comply with all applicable local, state, federal, and international laws and regulations related to their business, advertising, data privacy, and use of services, not reverse-engineer, replicate, decompile, or redistribute proprietary systems, code, workflows, prompts, or methodologies created by the Company, and maintain the confidentiality of any proprietary information or trade secrets disclosed by the Company. Failure to meet these responsibilities may result in delays, reduced service quality, additional fees, or suspension or termination of services without refund.
7. INTELLECTUAL PROPERTY. Content generated specifically for Client's campaigns, including images, video, copy, and creative assets, is owned by the Client upon full payment for the applicable service period. All proprietary systems, source code, workflows, automations, prompt libraries, templates, methodologies, frameworks, tools, and operational processes developed by Ascend Futures LLC remain the exclusive intellectual property of the Company regardless of whether they were created during work on Client's projects. Client receives a non-exclusive, non-transferable, revocable license to use these systems for the duration of their active subscription only. Upon cancellation, termination, or non-payment, Client's license and access to proprietary systems will be immediately revoked. Content created using AI tools is subject to the terms, conditions, and licensing of the respective AI providers. The Company does not guarantee exclusive rights to AI-generated outputs as similar or identical outputs may be generated for other users of the same platforms. Client assumes all risk related to the use, publication, and distribution of AI-generated content.
8. ADVERTISING AND TESTIMONIALS. During onboarding, Client may opt in or opt out of advertising permissions. If Client opts in, Client grants Ascend Futures LLC a perpetual, royalty-free, worldwide, non-exclusive right to use Client's business name, logo, brand marks, project description, results including metrics, screenshots, and performance data, and testimonials in marketing materials, website content, case studies, social media, portfolio presentations, sales collateral, and promotional content of any kind. This permission remains in effect for twenty-four (24) months after termination of services unless Client provides written revocation with thirty (30) days notice. If Client opts out, Client's identity and specific project details will remain confidential. The Company may reference the project in generic, non-identifying terms without naming the Client. Client may change their advertising permission at any time by providing written notice. Changes take effect within thirty (30) days of receipt of notice.
9. CONFIDENTIALITY. Both parties agree to keep confidential any proprietary, sensitive, trade secret, or non-public information disclosed during the course of service including but not limited to business strategies, financial information, operational details, pricing structures, customer data, API keys, passwords, access credentials, contact lists, lead information, proprietary systems, processes, and methodologies. Confidentiality obligations survive termination of this Agreement for a period of two (2) years. Notwithstanding the foregoing, confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party prior to disclosure, is independently developed without reference to confidential information, or is required to be disclosed by law, regulation, or court order.
10. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, Ascend Futures LLC, its members, managers, employees, agents, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind including but not limited to loss of revenue, profits, business opportunities, goodwill, or anticipated savings, loss of data, data breaches, or security incidents caused by third-party services or platforms, service interruptions, downtime, or performance degradation caused by third-party API providers, hosting companies, CDN providers, or internet service providers, content moderation actions, account suspensions, shadowbans, or policy violations imposed by third-party platforms including but not limited to Instagram, TikTok, Facebook, Google, YouTube, Twitter, and LinkedIn, inaccuracies, errors, hallucinations, or inappropriate content in AI-generated outputs, any damages resulting from Client's failure to meet their responsibilities under this Agreement, changes in third-party API pricing, availability, terms of service, or functionality, or any other damages arising from the use or inability to use the services. The Company's total cumulative liability under this Agreement for any and all claims shall not exceed the total amount actually paid by Client to the Company in the three (3) months immediately preceding the event giving rise to the claim. Client acknowledges that AI-generated content may occasionally produce inaccurate, misleading, biased, or inappropriate results and that the Company cannot guarantee the accuracy, completeness, suitability, or fitness for any particular purpose of any generated content. Client is solely responsible for final review, editing, and approval of all content before publication, distribution, or use in any capacity.
11. INDEMNIFICATION. Client agrees to indemnify, defend, and hold harmless Ascend Futures LLC, its members, managers, employees, agents, contractors, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses including reasonable attorneys' fees and court costs arising out of or related to Client's use of delivered services, content, systems, or deliverables, Client's violation of any applicable law, regulation, or third-party right, Client's breach of any provision of this Agreement, claims by any third party related to content published, distributed, or used by Client, Client's use of API keys, accounts, platforms, or third-party services, or any negligent, reckless, or intentional misconduct by Client or Client's employees, agents, or representatives.
12. CANCELLATION AND TERMINATION. Client may cancel their monthly subscription at any time before the next billing renewal date by providing written notice via email, text message, or message through agreed communication channels. Cancellation must be submitted before the renewal date to avoid being charged for the next billing cycle. Once a renewal charge has been processed, it is non-refundable for that period. Service continues through the end of the paid period after cancellation. The Company reserves the right to terminate services at any time, with or without cause, by providing written notice to Client. In the event of Company-initiated termination without cause, a prorated refund of the current month's service fee will be issued. The Company may terminate services immediately and without refund or notice if Client engages in fraudulent, illegal, or unethical activity, fails to make payment within seven (7) days of the due date, violates any material provision of this Agreement, uses services for purposes that could harm the Company's reputation or business interests, harasses, threatens, or abuses Company personnel, or if continuing service would expose the Company to legal liability or reputational harm. Upon termination for any reason, Client retains ownership of content specifically created for them during paid periods. Access to all proprietary systems, workflows, tools, dashboards, and automations will be revoked. The Company is not obligated to provide transition assistance, data export, training, documentation, or any post-termination support unless separately agreed upon in writing.
13. SERVICE LEVEL. The Company aims to respond to Client communications within twenty-four (24) hours during standard operating hours (Monday through Saturday, 9:00 AM to 9:00 PM Eastern Time). Response times may vary based on project complexity, volume of requests, operator availability, holidays, and other operational factors. Priority is given to time-sensitive requests and active campaign needs. Services are provided strictly on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not guarantee uninterrupted, error-free, or continuous service and is not liable for delays, interruptions, or degradation caused by third-party service outages, internet connectivity issues, force majeure events including natural disasters, government actions, pandemics, civil unrest, or acts of terrorism, scheduled or emergency maintenance, hardware or software failures, power outages, or any other circumstances beyond the Company's reasonable control.
14. DISPUTE RESOLUTION. Any dispute, controversy, or claim arising out of or relating to this Agreement or the breach, termination, or validity thereof shall first be attempted to be resolved through good faith informal negotiation between the parties for a period of thirty (30) days from the date written notice of the dispute is provided. If the dispute cannot be resolved through informal negotiation, it shall be submitted to final and binding arbitration administered in Miami-Dade County, Florida, in accordance with the then-current rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise. Both parties expressly waive the right to a trial by jury and the right to participate in any class action, collective action, or representative proceeding.
15. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of laws principles or the conflict of laws principles of any other jurisdiction. Any legal action, proceeding, or litigation not subject to binding arbitration shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party irrevocably consents to the personal jurisdiction of such courts.
16. MODIFICATIONS. The Company reserves the right to modify, amend, or update these Terms at any time and for any reason. Clients will be notified of material changes via their registered email address or through the agreed communication channel. Continued use of services after notification of changes constitutes acceptance of the modified Terms. If Client does not agree to the modified Terms, Client's sole remedy is to cancel their subscription before the next renewal date.
17. SEVERABILITY. If any provision or portion of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such finding shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.
18. ENTIRE AGREEMENT. This Agreement, together with the Client's intake form, quote, and any written addendums or amendments signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether oral or written. No oral statements, representations, or promises not contained herein shall modify, supplement, or otherwise affect this Agreement. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving party.
Ascend Futures LLC — State of Florida — All rights reserved © 2026
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