Legal
Last updated
June 24, 2026
All notices to Divergent Media may be sent to client_support@getdivergent.com.
These Terms of Service (“Terms”) govern your access to and use of the Divergent Media website, studio services, managed creative services, strategy, design, development, marketing support, project communications, and related deliverables (collectively, the “Services”) provided by Divergent Media (“Divergent Media,” “we,” “us”). By accessing the website, approving a proposal, executing an order form, paying an invoice, or using the Services, you (“Customer,” “client,” or “you”) agree to these Terms together with any applicable proposal, statement of work, invoice, or order form (collectively, the “Agreement”). If you accept on behalf of an entity, you represent that you have authority to bind that entity. We may modify these Terms by posting a revised version with reasonable notice where required. Continued use after the notice period constitutes acceptance.
These Terms apply to website visitors, prospective clients, active clients, collaborators, and any party engaging Divergent Media for Services. If a signed agreement conflicts with these Terms, the signed agreement controls for that specific engagement.
2. Key definitions
“Services” means Divergent Media’s website, strategy, branding, creative direction, design, web development, marketing support, consulting, managed services, and related deliverables. “Client Materials” means all copy, images, logos, brand assets, data, references, accounts, credentials, and other materials provided by Customer. “Deliverables” means final work product identified in an applicable proposal, order form, invoice, or statement of work. “Project Materials” means drafts, concepts, working files, source files, tools, templates, systems, processes, and pre-existing materials used to create Deliverables. “Order Form” means a mutually approved document specifying Services, pricing, schedule, term, usage limits, and additional terms.
3. The Services
Divergent Media provides creative, strategic, digital, website, and marketing-related services as described in the applicable Order Form or project agreement. We may update our website, tools, process, service offerings, or methods at any time. Beta, experimental, or evaluation features are provided “as is” and may be changed or withdrawn at any time. Project timelines depend on timely feedback, approvals, assets, access, content, and payments from Customer.
4. License grants
Subject to compliance with this Agreement and payment of all required fees, Divergent Media grants Customer the rights expressly stated in the applicable Order Form or project agreement for final paid Deliverables. Customer grants Divergent Media a limited, non-exclusive license to receive, store, reproduce, modify, display, and use Client Materials as necessary to provide the Services. Customer also grants Divergent Media a worldwide, royalty-free, perpetual license to use feedback, suggestions, and non-confidential performance insights to improve our Services.
5. Customer responsibilities
Customer is responsible for providing accurate information, timely feedback, required approvals, lawful Client Materials, and necessary access to accounts, platforms, or systems. Customer must ensure it has all rights, permissions, consents, licenses, and authority needed for materials supplied to Divergent Media and for any requested use of the Deliverables. Customer is responsible for all activity under accounts or credentials it provides or controls.
6. Use restrictions
Customer shall not misuse the website or Services, interfere with operation, attempt unauthorized access, introduce malicious code, reverse engineer tools or processes, remove proprietary notices, use Divergent Media materials to build a competing service, or use Deliverables for unlawful, deceptive, discriminatory, infringing, or harmful purposes. Customer may not resell, redistribute, white-label, or sublicense Services or Deliverables except as expressly permitted in writing.
7. Resellers and downstream users
If Customer uses the Services for the benefit of its own clients, affiliates, or downstream users, Customer remains responsible for their use and must ensure their obligations are at least as protective as these Terms. Customer shall not make representations, warranties, or commitments on Divergent Media’s behalf. Customer must promptly notify Divergent Media of misuse by any downstream user and take reasonable remedial action.
8. SMS communications
If you provide a phone number and consent to receive text messages from Divergent Media, we may send SMS messages related to your inquiry, account, project, appointments, updates, document requests, or service communications. Consent to receive SMS messages is not required to purchase Services. Message frequency may vary. Message and data rates may apply. You may opt out at any time by replying STOP, and you may request help by replying HELP or contacting client_support@getdivergent.com. Mobile carriers are not liable for delayed or undelivered messages. SMS communications are also subject to our Privacy Policy.
Each party will comply with all applicable laws, rules, and regulations related to its performance under this Agreement, including privacy, data protection, advertising, intellectual property, consumer protection, and electronic communications laws where applicable. Customer is solely responsible for determining whether its requested uses, claims, campaigns, content, data, or instructions comply with applicable law.
Customer will pay all fees specified in the applicable Order Form, invoice, or project agreement. Unless otherwise stated, payment obligations are non-cancelable and fees are non-refundable. Payment is due according to the invoice terms. Late payments may result in paused work, delayed delivery, suspension of Services, interest where permitted by law, and recovery of reasonable collection costs. Customer is responsible for applicable taxes except Divergent Media’s income taxes.
11. Confidentiality
“Confidential Information” includes information designated confidential or reasonably understood to be confidential, including business plans, pricing, project strategy, unpublished work, credentials, non-public data, technical information, and Agreement terms. Each party will protect the other’s Confidential Information with reasonable care, use it only as permitted by this Agreement, and disclose it only to personnel or advisors with a need to know. Compelled disclosure is permitted where legally required after notice where allowed.
12. Security
Each party must use commercially reasonable administrative, technical, and physical safeguards for systems, accounts, and confidential materials under its control. Customer is responsible for securing credentials, permissions, user access, third-party platforms, and production environments it owns or controls. Customer must promptly notify Divergent Media of known unauthorized access involving project materials, credentials, or Confidential Information.
Divergent Media retains all rights, title, and interest in its pre-existing materials, methods, templates, tools, frameworks, processes, know-how, concepts, drafts, working files, and internal systems. Customer retains ownership of Client Materials. Final paid Deliverables are transferred or licensed only as stated in the applicable Order Form or project agreement. Unless expressly included, source files, unused concepts, internal notes, editable files, and underlying tools are not part of the transferred Deliverables.
Each party represents that it has authority to enter this Agreement. Customer warrants that Client Materials and instructions do not infringe third-party rights or violate law. Except as expressly stated in writing, the website, Services, concepts, strategy, recommendations, and Deliverables are provided “as is” and “as available” without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. Business, marketing, revenue, ranking, platform, or performance outcomes are not guaranteed.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or loss of revenue, data, goodwill, or business opportunity, even if advised of the possibility. Each party’s aggregate liability will not exceed the fees paid by Customer to Divergent Media for the affected Services during the 12 months before the claim, except where limitation is not permitted by law, for payment obligations, intentional misconduct, or indemnification obligations.
16. Indemnification
Customer will indemnify and defend Divergent Media from third-party claims arising from Client Materials, Customer instructions, unlawful use of the Services or Deliverables, Customer’s breach of this Agreement, or Customer’s violation of applicable law or third-party rights. Divergent Media will indemnify Customer against third-party claims alleging that unmodified final Deliverables created by Divergent Media infringe intellectual property rights, excluding claims based on Client Materials, Customer modifications, third-party platforms, open-source materials, or use outside the agreed scope. The indemnifying party controls the defense, and the indemnified party may participate at its own expense.
This Agreement begins when you first accept these Terms, approve an Order Form, pay an invoice, or use the Services. Either party may terminate for material breach not cured within 30 days after written notice, or immediately if the breach cannot be cured. Upon termination, Customer’s access to active Services may cease, outstanding fees become due, each party must return or destroy Confidential Information where required, and Divergent Media may retain archival records as needed for legal, compliance, billing, and backup purposes.
This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles, unless a signed agreement states otherwise. The parties are independent contractors and this Agreement does not create an agency, partnership, or joint venture. Neither party is liable for delays caused by events beyond reasonable control. If any provision is unenforceable, the remaining provisions remain effective. Failure to enforce a right is not a waiver. This Agreement, together with applicable Order Forms, proposals, invoices, or statements of work, is the entire agreement for the Services. Any claim must be filed within one year after it arose. Notices to Divergent Media may be sent to client_support@getdivergent.com.