1. Acceptance of Terms

By accessing or using the services provided by RPM Creative, LLC ("RPM Creative," "we," "us," or "our") through our website at rpmcreate.com or any related platforms, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms apply to all users, including individuals, businesses, or other entities engaging with our services.

2. Description of Services

RPM Creative provides creative and design services, including but not limited to art direction, graphic design, branding, and production services. These services are accessible through our website at rpmcreate.com or through direct agreements with clients. We reserve the right to modify, suspend, or discontinue any service at our discretion, with or without notice, subject to any existing contractual obligations.

3. Client Responsibilities

Clients engaging with RPM Creative are responsible for:

• Providing accurate, complete, and timely information necessary for the performance of the agreed-upon services.

• Complying with all applicable laws and regulations in connection with their use of our services.

• Promptly notifying us of any issues or changes that may affect service delivery.

Failure to meet these responsibilities may impact the quality, timeliness, or completion of deliverables, and RPM Creative will not be liable for resulting delays or deficiencies.

4. Intellectual Property

a. Ownership

All creative work, including but not limited to designs, concepts, artwork, and other intellectual property produced by RPM Creative, remains our exclusive property unless otherwise specified in a written agreement. Upon full payment for services, clients may receive a license to use the deliverables as outlined in the applicable agreement.

b. Client Content

Clients represent and warrant that any content, materials, or information provided to RPM Creative for use in our services (e.g., logos, text, or images) are owned by the client or used with proper authorization. Clients agree to indemnify RPM Creative against any claims arising from the use of such content.

c. License to RPM Creative

By providing content to us, you grant RPM Creative a non-exclusive, worldwide, royalty-free license to use, modify, and reproduce such content solely for the purpose of providing the agreed-upon services.

5. Payment Terms

Payment terms, including rates, invoicing schedules, and payment methods, will be specified in a separate written agreement between RPM Creative and the client. Unless otherwise agreed:

• Payments are due within 30 days of invoice issuance.

• Late payments may incur interest at the maximum rate permitted by California law.

• Failure to make timely payments may result in suspension or termination of services.

6. Confidentiality

a. RPM Creative’s Obligations

We agree to keep confidential all non-public information provided by clients, except as required to perform our services or as permitted by law. We will use such information solely for the purpose of fulfilling our obligations to you.

b. Client’s Obligations

Clients agree to keep confidential any proprietary or non-public information provided by RPM Creative, including but not limited to business processes, pricing, or trade secrets.

c. Exceptions

Confidentiality obligations do not apply to information that is publicly available, obtained lawfully from a third party, or required to be disclosed by law, court order, or government authority.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, available at rpmcreate.com/privacy-policy. For California residents, additional rights under the CCPA/CPRA are detailed in our Privacy Policy, including rights to know, delete, correct, or opt-out of certain data practices.

8. Limitation of Liability

To the fullest extent permitted by law:

• RPM Creative will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to our services.

• Our total liability for any claim related to our services will not exceed the amount paid by the client for the specific service giving rise to the claim.

• RPM Creative is not responsible for delays or failures in performance due to events beyond our reasonable control, including but not limited to natural disasters, internet outages, or third-party actions.

9. Termination

a. Termination by Either Party

Either party may terminate an agreement with RPM Creative by providing written notice as specified in the applicable service agreement. Termination does not relieve clients of their obligation to pay for services rendered prior to termination.

b. Effect of Termination

Upon termination, RPM Creative will cease providing services, and clients must cease using any deliverables for which full payment has not been made. Any license granted to the client will terminate unless otherwise specified in the agreement.

c. Refunds

Refund policies, if applicable, will be outlined in the service agreement. Absent such terms, payments for services rendered are non-refundable.

10. Indemnification

You agree to indemnify, defend, and hold harmless RPM Creative, its affiliates, officers, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of our services in violation of these Terms or applicable law.

• Your violation of any third-party rights, including intellectual property or privacy rights.

• Any content or materials you provide to us.

11. Governing Law and Dispute Resolution

a. Governing Law

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

b. Dispute Resolution

Any disputes arising under these Terms will be resolved through good-faith negotiation. If negotiation fails, disputes will be submitted to binding arbitration in Los Angeles, California, under the rules of the American Arbitration Association. The prevailing party in any legal action may be entitled to recover reasonable attorneys’ fees, as permitted by California law.

12. Changes to Terms

RPM Creative reserves the right to modify or update these Terms at any time without prior notice. Changes will be posted on our website at rpmcreate.com/terms-of-service with the "Last Updated" date revised. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms. Significant changes will be communicated via email or a prominent notice on our website.

13. California Consumer Protections

For California residents, these Terms comply with applicable consumer protection laws, including the California Consumer Legal Remedies Act and the Unfair Competition Law. If you believe our services violate your consumer rights, you may contact us at info@rpmcreate.com to address your concerns.

14. Miscellaneous

a. Entire Agreement

These Terms, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and RPM Creative regarding the use of our services.

b. Severability

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

c. No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

d. Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. RPM Creative may assign its rights and obligations without restriction.

15. Contact Information

For questions or concerns about these Terms, please contact us at:

• Email: info@rpmcreate.com

• Website: rpmcreate.com/terms-of-service

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: July 29, 2025