Terms of Use

The Modern Brandist

Last Updated: May 28, 2026

Welcome to The Modern Brandist. These Terms of Use (“Terms”) form a legally binding agreement between you (“Client,” “you,” or “your”) and The Modern Brandist (“we,” “us,” or “our”). Please read these Terms carefully before using our website or engaging our services.

By accessing our website (themodernbrandist.com) or purchasing/using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our website or services.

1. Introduction

The Modern Brandist is a digital branding and social media marketing service based in Eagan, Minnesota. We provide branding strategy, social media management, content creation, visual identity development, and related consulting services.

These Terms govern your use of our website, client portal, proposals, contracts, and all services we provide.

2. Definitions

  • Services: All branding, social media management, content creation, strategy, consulting, and related work we perform.

  • Deliverables: Any final work product (graphics, strategies, posts, captions, mood boards, etc.) provided to you.

  • Content: Text, images, videos, logos, brand assets, or any materials you provide to us or that we create for you.

  • Platform: Our website and any client communication or project management tools we use.

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts. By using our Services, you represent and warrant that you meet these requirements.

4. Scope of Services

The specific scope, timeline, and deliverables of our engagement will be outlined in a separate proposal or contract signed by both parties. These Terms apply to all engagements unless otherwise agreed in writing.

5. Client Responsibilities

You agree to:

  • Provide accurate and complete information about your business and branding needs.

  • Supply all necessary assets (logos, photos, videos, brand guidelines, access to social media accounts) in a timely manner.

  • Give feedback and approvals within the agreed timeframe (typically 48–72 hours).

  • Maintain the security of your own social media account credentials.

  • Ensure that all Content you provide does not infringe on any third-party rights.

6. Intellectual Property Rights

  • Your Original Content: You retain ownership of all pre-existing materials and intellectual property you provide to us.

  • Deliverables: Upon full and final payment, we grant you a perpetual, non-exclusive, royalty-free license to use the Deliverables for your business purposes.

  • Our Tools & Methods: We retain ownership of all our pre-existing templates, processes, frameworks, and methodologies.

  • Portfolio Rights: We reserve the right to showcase your project on our website, social media, and portfolio for marketing purposes unless you explicitly request otherwise in writing.

7. Payments and Billing

  • All pricing and payment terms are specified in your invoice or contract.

  • Payments are processed securely through Stripe or other approved methods.

  • A deposit is typically required to begin work.

  • Late payments are subject to a 1.5% monthly interest fee.

  • All payments are non-refundable except as expressly stated in a signed contract.

8. Cancellation and Termination

  • Either party may terminate the agreement according to the terms specified in the signed contract.

  • We may suspend or terminate services immediately for non-payment, breach of these Terms, or if you provide illegal or harmful Content.

  • Upon termination, you are responsible for all fees incurred up to the date of termination.

9. Confidentiality

Both parties agree to treat all non-public business information disclosed during the engagement as confidential and not disclose it to any third party without prior written consent, except as required by law.

10. Content Guidelines and Compliance

You are solely responsible for all Content you provide. Content must not be:

  • Illegal, fraudulent, defamatory, or obscene

  • Infringing on any intellectual property rights

  • Harmful to any person or entity

We reserve the right to refuse or remove any Content that violates these guidelines.

11. Disclaimers

Our Services are provided on an “as is” and “as available” basis. We do not guarantee:

  • Specific growth in followers, engagement, or revenue

  • Any particular business outcome or ROI

  • Continuous or uninterrupted service

Social media platforms frequently change their algorithms, policies, and features, which are outside our control.

12. Limitation of Liability

To the maximum extent permitted by law, The Modern Brandist shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability to you shall not exceed the total amount actually paid by you to us in the twelve (12) months immediately preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Modern Brandist, our owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of:

  • Your breach of these Terms

  • Your Content

  • Your violation of any third-party rights

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict of law principles.]

Any disputes shall first be resolved through good-faith negotiation. If unresolved, disputes will be submitted to binding arbitration in Dakota County, Minnesota, or to the appropriate courts located in Minnesota.

15. Changes to These Terms

We may update these Terms from time to time. We will post the revised version on our website and update the “Last Updated” date. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.

16. Severability

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

17. Entire Agreement

These Terms, together with any signed proposal or contract, constitute the entire agreement between you and The Modern Brandist regarding our Services.

18. Contact Us

If you have any questions about these Terms of Use, please contact us at:

Email: legal@themodernbrandist.com

Phone: (651) 314-9223

Last Updated: May 28, 2026