Terms of Service

These Terms govern your use of the Caelana website and any services you purchase from us. By purchasing a service or using this site, you agree to them.

Who we are. Caelana ("Caelana," "we," "us") is operated by Caelana, 14173 Northwest Fwy, Unit #2046, Houston, TX 77040, United States. You can reach us at hello@caelana.com.

1. Services

We provide digital marketing and development services, which may include:

• Pinterest image pin creation, writing and publishing
• Pinterest video pin creation, writing and publishing
• Short-form video clipping from footage you supply
• Facebook and Instagram advertising setup and management
• Custom website design and development
• Custom software and web application development
• AI agents and workflow automation

The specific services, quantities and deliverables you receive are those described on the plan you purchase. Plan details, quantities and prices are published at caelana.com/pricing and form part of these Terms.

2. Payment is required before work begins

We do not begin work until your first payment has been received and cleared. This applies to every service, including one-time projects.

• Monthly plans are billed in advance. Your first payment is due at signup, and each renewal is charged on the same day of the month thereafter.
• Website builds are billed 50% before work begins and 50% on delivery.
• Payments are processed by Stripe. We do not store your card details.
• All prices are in United States dollars (USD). You are responsible for any currency conversion or international transaction fees your bank charges.
• If a payment fails, work pauses until payment succeeds. Deadlines and any guarantee periods pause with it.

First-month discount. Where advertised, a 20% discount applies to your first month only. From month two onward, the standard plan price applies automatically.

3. Term and cancellation

Monthly plans are month-to-month. There is no minimum contract.

• You may cancel at any time with 30 days' notice, by emailing hello@caelana.com.
• Your service continues through the end of the period you have already paid for. We do not issue partial or pro-rata refunds for the remainder of a paid month.
• We may cancel with 30 days' notice, or immediately if you breach these Terms, if payment fails repeatedly, or if we are unable to obtain or retain the access we need to do the work.

4. What we need from you

To deliver the work, we need the following. If we do not have it, we cannot start, and any timelines or guarantees do not begin.

• Account access. For Pinterest services, partner access to your Pinterest Business account, granted through Pinterest Business Manager. For advertising services, access to your Meta Business account. We will never ask for your password, and you should never send one.
• A live website with content suitable for pinning or advertising, as applicable.
• Brand assets and information requested during onboarding, such as product photography, logos and brand guidelines.
• Timely responses to questions that block delivery.
• Legal right to the materials you give us. You confirm you own or are licensed to use anything you supply, and that our use of it will not infringe anyone's rights.

You may revoke our access at any time. Doing so ends our ability to deliver the service and, where applicable, voids any performance guarantee.

5. Performance guarantee (image pin plans only)

This guarantee applies to Pinterest image pin plans only. It does not apply to video pin plans, video clipping, advertising management, website builds, or any other service.

It applies once. It covers your first three consecutive months on an image pin plan and nothing after that. It does not renew, repeat, or reset — not if you continue past month three, not if you change plans, not if you pause and restart. From month four onward there is no impressions guarantee.

The figure is a single month, not a running total. We measure the impressions your account received during month three alone. Impressions added up across several months are not what is guaranteed and are not what is measured.

5.1 What is guaranteed

If you remain on the same image pin plan for three consecutive months, your Pinterest account will reach at least the following number of monthly impressions in month three:

5.2 How it is measured

The figure used is the monthly impressions total shown in your own Pinterest Business account analytics, for the calendar month that constitutes month three of service, measured on the last day of that month.

That figure is definitive. We measure it together from your account. No other source, estimate or third-party tool is used.

5.3 The remedy

If the guaranteed figure is not reached, we refund your month three payment in full.

That is the entire remedy. Specifically:

• Months one and two are not refunded.
• Future months are not refunded or discounted.
• No other compensation, credit or liability arises.

The refund is issued to your original payment method within ten business days of an approved claim.

5.4 Conditions — the guarantee does not apply if

The guarantee is void if, at any point during the three months:

• We did not receive Pinterest Business Manager access within seven days of your first payment;
• Access was revoked, reduced, or interrupted for any period;
• Your website was offline, or ceased to have content suitable for pinning;
• Any other party published to, deleted from, altered, or managed the Pinterest account, including you, another agency, or an automated tool;
• The Pinterest account was suspended, restricted or penalised by Pinterest;
• Account settings we rely on were changed without notice to us;
• You changed plan, paused service, or missed a payment;
• You did not supply requested brand assets or approvals, and this delayed publishing.

5.5 How to claim

To claim, email hello@caelana.com within 14 days of the end of month three, stating that the guarantee was not met. We will review your Pinterest analytics with you and confirm or decline the claim in writing within ten business days.

Claims made after 14 days are not accepted.

6. Advertising services

Where we manage advertising on your behalf:

• Ad spend is yours and is paid by you directly to the platform. Our fee does not include ad spend and we never hold your ad budget.
• Our management fee is charged as described on our pricing page.
• We do not guarantee any advertising result, including reach, clicks, leads, sales or return on ad spend. Advertising outcomes depend on factors outside our control, including platform algorithms, auction dynamics, your pricing and your product.
• You remain responsible for compliance with the advertising platform's policies. We will advise, but the account and the ads are yours.

7. AI-generated content

Some deliverables — including images and video — are created using artificial intelligence tools.

• Ownership. On full payment, we assign to you whatever rights we hold in the deliverables and grant you an unrestricted commercial licence to use them.
• Copyright limits. Under current United States Copyright Office guidance, material generated solely by artificial intelligence from a prompt may not be protectable by copyright. We cannot and do not warrant that AI-generated deliverables are protectable, or that you can prevent others from using similar material.
• Disclosure. Advertising platforms, including Meta, require advertisers to disclose AI-generated content. Where you run our deliverables as ads, you are responsible for making that disclosure, unless we manage the account for you, in which case we will make it.

8. Intellectual property

• Your material — brand assets, product photography, copy and anything else you supply — remains yours.
• Our deliverables transfer to you on full payment, as set out above.
• Our methods — our processes, templates, keyword research approach and internal tooling — remain ours.
• We will not use your name, logo, work or results in a portfolio, case study or any marketing material unless you agree in writing first. We will ask; you are free to say no.

9. Confidentiality

We will not disclose your non-public business information to third parties, except to service providers who help us deliver the work, or where required by law. This obligation continues after our engagement ends.

10. Warranties and disclaimers

We will perform the services with reasonable skill and care.

Beyond that, and beyond the specific guarantee in section 5, the services are provided "as is." We make no other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose.

We do not guarantee any specific business outcome — traffic, leads, sales, revenue, rankings or growth — other than the impressions figure in section 5.

Results shown on our website are our own and are not typical. They do not predict what your account will achieve.

11. Limitation of liability

To the maximum extent permitted by law:

• Our total liability to you, for any and all claims, is limited to the amount you paid us in the three months before the claim arose.
• We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if we were advised such damages were possible.
• We are not liable for the acts, decisions or policy changes of third-party platforms, including Pinterest, Meta, Google and Stripe, or for account suspensions, restrictions or algorithm changes imposed by them.

12. Indemnity

You agree to indemnify us against any claim arising from material you supply to us, from your use of the deliverables, or from your breach of these Terms.

13. Independent contractor

We are an independent contractor, not your employee, partner or agent. Nothing in these Terms creates a partnership or joint venture.

14. Changes to these Terms

We may update these Terms. If we make a material change, we will email active clients at least 30 days before it takes effect. Continuing to use the services after that date means you accept the change.

The Terms in force when you purchase apply to that purchase.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Before starting any formal proceeding, you agree to contact us at hello@caelana.com and give us 30 days to resolve the matter informally.

If that fails, any dispute will be brought exclusively in the state or federal courts located in Harris County, Texas, and both parties consent to the jurisdiction of those courts.

16. Miscellaneous

• Severability. If any provision is found unenforceable, the rest remains in force.
• Entire agreement. These Terms, together with the plan description you purchased and any written statement of work, are the entire agreement between us.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent.

Questions about these Terms: hello@caelana.com