§ Legal · Document 01

Terms of Service

Last revised: January 2025

1. Agreement

These Terms of Service ("Terms") govern your access to and use of the services, websites, and software provided by Americana Agency LLC ("Americana", "we", "us"). By engaging us or using our website, you agree to be bound by these Terms.

2. Services & Engagements

Project scope, timeline, fees, and deliverables are defined in a written Statement of Work ("SOW") executed between Americana and the client. In the event of conflict, the SOW governs over these Terms with respect to project-specific obligations.

We reserve the right to decline or terminate any engagement that conflicts with our values, presents legal risk, or falls outside our area of expertise.

3. Fees & Payment

Unless stated otherwise in the SOW, invoices are due within fifteen (15) days of receipt. Late payments may accrue interest at 1.5% per month or the maximum allowed by law. We may suspend work on overdue accounts.

4. Intellectual Property

Upon receipt of full payment, the client owns the final deliverables specified in the SOW. Americana retains ownership of pre-existing tools, frameworks, and background intellectual property, and reserves the right to display non-confidential work in our portfolio and case studies.

5. Confidentiality

We treat client information with discretion and will not disclose confidential material to third parties without consent, except as required by law.

6. Warranties & Liability

Services are provided "as is" without warranties of any kind, except as expressly stated in a SOW. To the maximum extent permitted by law, Americana's total liability for any claim arising from an engagement is limited to the fees paid for the work giving rise to the claim.

7. Termination

Either party may terminate an engagement with written notice as defined in the SOW. Client remains responsible for fees accrued through the termination date.

8. Governing Law

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

9. Contact

Questions about these Terms may be sent to legal@americana.agency.