Terms of service
Last updated
Terms of Service
Effective date: September 8, 2026
Last updated: September 8, 2026
These Terms of Service ("Terms") govern your access to and use of https://atypicalbranding.com and any related webpages, content, features, forms, and communications operated by Atypical Branding Agency LLC ("Atypical Branding," "Atypical," "we," "us," or "our") (collectively, the "Site").
Please read these Terms carefully. By accessing or using the Site, submitting an inquiry, or affirmatively agreeing to these Terms, you agree to be bound by them and by our Privacy Policy. If you do not agree, do not use the Site or submit information through it.
1. About Atypical Branding
Atypical Branding is a branding, website, creative, marketing, and business-systems agency based in Newport Beach, California. Information presented on the Site describes our general capabilities, process, portfolio, insights, and potential service offerings.
These Terms govern use of the public Site. They do not replace a proposal, statement of work, master services agreement, independent contractor agreement, nondisclosure agreement, or other written agreement governing a client engagement (each, a "Client Agreement"). If these Terms conflict with a Client Agreement signed by Atypical Branding and a client, the Client Agreement controls with respect to that engagement.
2. Eligibility and Authority
The Site is intended for adults and business users. You must be at least 18 years old to submit an inquiry or enter into a binding agreement through the Site. If you use the Site on behalf of a company or other organization, you represent that you have authority to act for that organization and bind it to these Terms.
3. Informational Nature of the Site
Site content is provided for general informational and promotional purposes. Nothing on the Site constitutes legal, tax, accounting, financial, investment, medical, regulatory, cybersecurity, or other professional advice outside the services expressly described in a signed Client Agreement.
Articles, insights, examples, recommendations, and descriptions may not reflect the most recent legal, technical, platform, or industry developments. You should obtain advice from an appropriately qualified professional before acting on information where professional advice is required.
4. Inquiries and Client Relationships
Submitting a contact form, scheduling a call, sending an email, requesting a quote, or communicating with us does not:
require Atypical Branding to accept or perform a project;
create an agency-client, fiduciary, confidential, advisory, partnership, joint-venture, employment, or other professional relationship;
guarantee availability, pricing, timing, deliverables, results, or suitability; or
constitute acceptance of an offer.
A client relationship begins only when Atypical Branding and the client enter into an applicable Client Agreement and any required initial payment or other stated condition has been satisfied.
Until a written confidentiality agreement or Client Agreement is in place, please do not send trade secrets, passwords, financial-account credentials, regulated data, or other highly sensitive or confidential information through the Site or general inquiry channels.
5. Services, Pricing, and Availability
Service descriptions, examples, timelines, availability notices, pricing, starting prices, and other information displayed on the Site are estimates and general descriptions only. They may be changed or withdrawn at any time and do not constitute a binding offer.
Final scope, deliverables, fees, expenses, responsibilities, revision limits, payment schedules, intellectual-property rights, cancellation terms, and timelines are established in the applicable Client Agreement. Third-party fees—including domains, hosting, software, plugins, fonts, stock assets, advertising spend, printing, licensing, payment-processing fees, or platform subscriptions—may be separate unless a Client Agreement expressly states otherwise.
6. No Guarantee of Results
Branding, marketing, websites, search visibility, advertising, automation, artificial-intelligence systems, and business strategy are affected by many factors outside our control. Unless expressly stated in a signed Client Agreement, Atypical Branding does not guarantee:
revenue, profit, funding, customer acquisition, conversions, engagement, rankings, traffic, press coverage, business growth, or other commercial outcomes;
acceptance by search engines, advertising networks, artificial-intelligence systems, app stores, directories, or third-party platforms;
uninterrupted operation or permanent compatibility with a third-party platform; or
that any strategy, design, recommendation, automation, or technology will produce a particular result.
Portfolio examples, testimonials, statistics, awards, case studies, and client outcomes describe particular experiences. They are not promises or guarantees that another person or business will achieve the same or similar results.
7. Artificial Intelligence, Automation, and Third-Party Technology
The Site may discuss artificial intelligence, automation, analytics, integrations, and third-party software. These technologies can produce errors, incomplete information, unexpected behavior, service interruptions, or results requiring human review.
General information on the Site is not a recommendation that a particular tool is appropriate for every business or use case. Businesses are responsible for assessing their own legal, regulatory, security, privacy, accessibility, accuracy, human-review, and industry-specific requirements before adopting a technology. Terms governing AI, automation, or technology implemented for a client will be addressed in the applicable Client Agreement.
8. Intellectual Property
The Site and its contents—including text, articles, graphics, layouts, photographs, videos, animations, designs, case-study presentations, logos, icons, code, downloads, and the selection and arrangement of those materials—are owned by Atypical Branding or used with permission and are protected by copyright, trademark, and other intellectual-property laws.
"Atypical Branding," the Atypical name and logos, and related branding are trademarks or source identifiers of Atypical Branding. No license to use them is granted except with our prior written permission.
Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and view the Site for your personal or internal business evaluation. You may not, without prior written permission:
reproduce, republish, distribute, sell, license, publicly display, or commercially exploit Site content;
copy or use our designs, case studies, written content, page layouts, brand concepts, prompts, processes, or other materials to create competing or derivative work;
remove copyright, trademark, credit, attribution, or proprietary notices;
use Site content to train, develop, evaluate, or improve an artificial-intelligence or machine-learning system, except where such restriction is prohibited by law;
frame, mirror, scrape, index, extract, or systematically collect Site content through automated means, except for ordinary search-engine indexing; or
suggest that Atypical Branding sponsors, endorses, or is affiliated with you without written authorization.
Nothing in these Terms transfers ownership of Atypical Branding's intellectual property. Intellectual-property ownership and licenses for paid client deliverables are governed exclusively by the applicable Client Agreement.
9. Portfolio and Third-Party Materials
The Site may display client names, trademarks, photographs, project materials, testimonials, or other third-party content with permission, under an applicable agreement, or as otherwise permitted by law. Those materials remain the property of their respective owners. Their appearance on the Site does not give you permission to use them.
If you believe material on the Site infringes intellectual-property rights you own or are authorized to enforce, contact hello@atypicalbranding.com with:
your name and contact information;
identification of the protected work;
identification and location of the allegedly infringing material;
a statement explaining your good-faith belief that the use is unauthorized; and
a statement that the information in your notice is accurate and that you are the rights owner or authorized to act for the owner.
We may request additional information before acting on a notice.
10. Information and Materials You Submit
You retain ownership of information and materials you submit through the Site. You grant Atypical Branding a limited, nonexclusive license to receive, store, reproduce, review, and use those materials as reasonably necessary to respond to your inquiry, evaluate a potential engagement, provide requested communications, maintain appropriate records, protect the Site, and comply with law. Materials provided under a Client Agreement are governed by that agreement.
You represent that:
information you provide is accurate and not misleading;
you have the rights and permissions necessary to provide submitted materials;
our receipt and permitted use of the materials will not infringe, misappropriate, or violate another person's rights; and
your submission does not contain unlawful, malicious, defamatory, deceptive, or harmful content or code.
We are not required to review, accept, preserve, return, or act upon unsolicited submissions or proposals.
11. Feedback
If you voluntarily provide suggestions or feedback about the Site or our general services, you permit us to use that feedback without restriction or compensation, provided we do not publicly identify you as its source without permission. This section does not transfer ownership of client project materials governed by a Client Agreement.
12. Acceptable Use
You agree not to:
use the Site for an unlawful, fraudulent, deceptive, harassing, or abusive purpose;
interfere with Site operation, security, availability, or another person's use;
introduce malware, harmful code, excessive traffic, or unauthorized automated requests;
attempt to gain unauthorized access to accounts, systems, networks, forms, or information;
bypass access controls, rate limits, security measures, or usage restrictions;
impersonate another person or misrepresent your affiliation or authority;
submit false, misleading, infringing, defamatory, or unlawful content;
harvest contact details or personal information from the Site;
use the Site to send spam or unauthorized solicitations;
probe or test vulnerabilities without prior written authorization; or
assist another person in doing any of the foregoing.
We may restrict or block access when we reasonably believe these Terms have been violated or Site security is at risk.
13. Third-Party Websites and Services
The Site may contain links to or integrations with third-party websites, platforms, scheduling tools, payment processors, social networks, embedded content, or other services. Those services are controlled by third parties and may be governed by separate terms and privacy policies.
Atypical Branding does not control and is not responsible for third-party availability, content, security, accuracy, practices, products, or services. A link or integration does not necessarily constitute endorsement. You use third-party services at your own risk and should review their applicable terms.
14. Privacy
Our collection and use of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you acknowledge that information may be handled as described in that policy.
15. Electronic Communications
When you submit a form, send an email, schedule a meeting, or otherwise communicate electronically, you consent to receive communications relating to that interaction. Marketing emails are subject to applicable law and the choices described in our Privacy Policy. You may unsubscribe from marketing emails, but we may continue sending non-marketing communications concerning inquiries, transactions, projects, agreements, security, or legal matters.
16. Site Availability and Changes
We may modify, suspend, withdraw, restrict, or discontinue any part of the Site at any time. We do not guarantee that the Site or any content will always be available, uninterrupted, secure, current, complete, or error-free. Maintenance, third-party services, technical failures, security events, or circumstances outside our control may affect availability.
17. Disclaimer of Warranties
To the fullest extent permitted by law, the Site and its content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise. Atypical Branding disclaims implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, and uninterrupted or error-free operation.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you. Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
18. Limitation of Liability
To the fullest extent permitted by law, Atypical Branding and its owners, officers, employees, contractors, representatives, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, business, opportunities, goodwill, or data; or damages arising from reliance on Site content, inability to use the Site, unauthorized access, third-party services, or communications submitted through the Site.
To the fullest extent permitted by law, the total aggregate liability of Atypical Branding for claims arising out of or relating to the public Site or these Terms will not exceed the greater of one hundred U.S. dollars (US $100) or the amount you paid directly to Atypical Branding specifically for use of the public Site during the six months before the event giving rise to the claim.
This limitation does not apply to liability that cannot legally be limited or excluded. Liability arising from a paid client engagement is governed by the applicable Client Agreement rather than this section.
19. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Atypical Branding and its owners, officers, employees, contractors, representatives, and affiliates from claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful use of the Site, your material breach of these Terms, materials you submit, or your infringement or violation of another person's rights.
This obligation does not apply to the extent a claim results from Atypical Branding's own unlawful conduct or where indemnification is prohibited by law.
20. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Before filing a legal claim concerning the Site, you and Atypical Branding agree to make a good-faith effort to resolve the matter informally by providing written notice describing the dispute and requested resolution. Notices to Atypical Branding must be sent to hello@atypicalbranding.com with the subject line Legal Notice.
If a dispute is not resolved informally, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California, except where applicable law requires otherwise. Nothing in these Terms prevents either party from seeking urgent injunctive relief or using an eligible small-claims court.
21. Termination
These Terms remain effective while you use the Site. We may suspend or terminate access when reasonably necessary to protect the Site, enforce these Terms, comply with law, or address misuse. Provisions that by their nature should survive termination—including intellectual-property, disclaimers, limitations of liability, indemnification, dispute, and miscellaneous provisions—will survive.
22. Changes to These Terms
We may update these Terms to reflect changes in the Site, our practices, or applicable requirements. The revised Terms become effective when posted unless a later date is stated. We will update the "Last updated" date above and may provide additional notice of material changes when appropriate. Your continued use of the Site after updated Terms become effective constitutes acceptance of the revised Terms.
Changes to a Client Agreement must be made as provided in that agreement; updating these Site Terms does not modify an executed Client Agreement.
23. Miscellaneous
These Terms and the Privacy Policy constitute the entire agreement between you and Atypical Branding concerning use of the public Site, but not concerning paid client services governed by a Client Agreement.
If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms as part of a merger, acquisition, reorganization, sale of assets, or by operation of law.
Headings are for convenience only. The words "including" and "include" mean "including without limitation."
24. Contact
Questions about these Terms may be sent to:
Atypical Branding Agency LLC
Attn: Legal
260 Newport Center Drive
Newport Beach, California 92660
United States
Email: hello@atypicalbranding.com
Website: https://atypicalbranding.com