“Site” – https://positive.agency and any sub-domains.

“Visitor”, “you”, “your” – any natural or legal person who accesses the Site.

“Positive”, “we”, “our” – Positive Communications LLC (EIN 38-4210193).

“Services” – the marketing-communication services described on the Site

“Content” – all text, graphics, code, audiovisual material and files on the Site.

The Site is intended for individuals 18 years or older. By using the Site you confirm you meet this requirement or, if you are at least 13 years old, you do so with verifiable parental consent (COPPA).

Browsing or otherwise interacting with the Site constitutes your consent to be legally bound by these Terms, the Privacy Policy and the Cookie Policy (collectively, the “Agreement”). If you do not agree, exit the Site immediately.

The Site is purely informational; no e-commerce or online payment is offered. Core Services:

1. Social Media – creative assets under entertainment / education / inspiration pillars.
2. Creative Campaigns – monthly hero concepts.
   
3. Digital Analytics – always-on data analysis via Growth-Hacking methodology.
   
4. Paid Media – strategy, buying and optimisation across digital ad platforms.

We grant you a limited, revocable, non-exclusive, non-transferable licence to view the Site for personal or internal-business purposes. All rights not expressly granted are reserved.

All Content is owned by Positive or its licensors (including AI-generated assets). Copying, distributing, modifying, reverse-engineering or exploiting any Content without prior written consent is prohibited. Trade marks, service marks and logos remain the property of their respective owners.

Any information you upload (e.g., via a contact form) must be lawful, accurate and free of third-party IP rights. You grant Positive a worldwide, royalty-free licence to use such submissions solely to evaluate and respond to your enquiry. Do not submit personal data of third parties without their consent.

The Site implements Google Ads, Google Analytics 4, Meta Pixel and LinkedIn Insight Tag for analytics and advertising; these providers may set cookies or device identifiers subject to their own terms. Full details appear in our Cookie Policy. Links to external websites or platforms (Mailchimp, Monday.com, social networks, etc.) are provided for convenience only. We do not endorse, control or guarantee the accuracy, availability or legality of third-party content or tracking.

You agree not to:

• Violate any applicable law or regulation;
• Send unsolicited bulk communications or spam;
• Scrape, crawl, mine or reverse-engineer the Site or its code;
• Upload malware or engage in activity that disrupts the Site;
• Infringe Positive’s or any third party’s intellectual property;
• Submit personal data of minors or third parties without consent.

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” POSITIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure or error-free, nor that campaign performance will meet specific targets unless agreed separately in writing.

You agree to indemnify, defend and hold harmless Positive, its officers and employees from any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of the Agreement or (ii) your misuse of the Site.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSITIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA OR GOODWILL. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED the total fees you paid us for Services in the twelve (12) months preceding the event giving rise to the claim, or USD 100, whichever is greater.

Positive is not liable for delay or failure resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, labour disputes, electrical failures or internet outages.

We may update any part of this Agreement. Material changes will be announced on the Site at least 14 days in advance and take effect on the stated date. Continued use after that date constitutes acceptance of the revised Terms.

We may suspend, block or terminate your access to the Site—without notice—if we believe you have violated the Agreement or applicable law.

If any provision of the Agreement is held invalid or unenforceable, the remaining provisions will remain in full force. Failure to enforce any right is not a waiver.

The Agreement constitutes the entire understanding between you and Positive regarding the Site and supersedes all prior or contemporaneous communications.

This Agreement is governed by the laws of the State of Florida, USA, excluding its conflicts-of-law rules. Any dispute shall first be submitted to good-faith mediation in Pinellas County, Florida; if unresolved within 30 days, the courts of Pinellas County will have exclusive jurisdiction.

The Agreement constitutes the entire understanding between you and Positive regarding the Site and supersedes all prior or contemporaneous communications.

DMCA Agent – Positive Communications LLC
600 Cleveland St., Suite 393-742, Clearwater, FL 33755, USA
Email: mdelaroca@positive.agency

Include (a) URL of the allegedly infringing material, (b) your contact details, (c) proof of ownership, and (d) a sworn statement of good faith.