Terms of Service

1. About NextAdCreative

NextAdCreative is a brand operated by Layachi LLC, a Wyoming limited liability company based in the United States.

NextAdCreative provides advertising creative and related creative services to businesses, brands, agencies, and other clients.

Our services may include, depending on the service purchased:

• Advertising creative design
• Static and video ad creatives
• Creative concepts and variations
• Ad copy or creative messaging
• Creative strategy
• Creative production
• Creative optimization and revisions
• Other advertising or creative services agreed upon with the client

The specific services provided to a client will depend on the applicable proposal, quotation, order, agreement, checkout page, or written communication between NextAdCreative and the client.

2. Use of Our Website

You agree to use our website only for lawful purposes.

You must not:

• Use the website for fraudulent or unlawful activities
• Attempt to gain unauthorized access to our systems
• Interfere with the operation or security of the website
• Copy, reproduce, distribute, or exploit website content without permission
• Upload or transmit malicious software or harmful material
• Use our website in a way that could damage, disable, or impair our services

We reserve the right to restrict or terminate access to our website if we reasonably believe these Terms have been violated.

3. Services and Project Scope

Before beginning a project, NextAdCreative may provide a proposal, quotation, package description, statement of work, checkout page, or other written description of the services.

The agreed scope may include:

• Number and type of deliverables
• Creative formats
• Number of concepts or variations
• Number of revisions
• Estimated delivery timelines
• Fees and payment terms
• Other project-specific requirements

Any work requested outside the agreed scope may require additional fees or a separate agreement.

4. Client Responsibilities

To allow us to provide our services effectively, clients are responsible for providing accurate and timely information, materials, instructions, brand assets, and other resources reasonably required for the project.

Clients are responsible for ensuring that materials they provide to NextAdCreative, including images, videos, logos, trademarks, text, product information, and other content, may legally be used for the requested project.

Delays caused by missing information, materials, approvals, or feedback from the client may affect the project timeline.

5. Payments and Fees

Fees for our services will be communicated before or during the engagement.

Depending on the project, payment may be required:

• In full before work begins
• Through an agreed deposit and remaining balance
• According to an agreed payment schedule
• Through another payment arrangement agreed upon in writing

Unless otherwise agreed, work may not begin until any required initial payment has been received.

Payments may be processed through third-party payment providers, including Stripe.

All fees are stated in the currency indicated in the applicable proposal, invoice, checkout page, or agreement.

6. Refunds and Cancellations

Refunds are available for eligible purchases and projects, subject to the circumstances of the engagement and any specific refund terms presented at checkout or agreed upon in writing.

Because some NextAdCreative services involve customized creative work performed specifically for a client, the availability or amount of a refund may depend on whether work has begun, the amount of work completed, and costs already incurred.

If you wish to cancel a project or request a refund, please contact us as soon as possible at nextadcreative@proton.me.

Where a project is cancelled after work has begun, NextAdCreative may retain an amount reasonably corresponding to work already performed, costs incurred, or resources committed to the project, to the extent permitted by applicable law.

Any specific refund or cancellation terms agreed upon in writing for a particular project will take precedence over this general section.

Nothing in this section limits any refund, cancellation, or other rights that cannot legally be excluded.

7. Creative Revisions

Where revisions are included in a service package or project agreement, the number of included revisions will be based on the agreed scope.

A revision means a reasonable modification to an existing concept or deliverable.

Requests for completely new concepts, substantially different creative directions, additional deliverables, or work outside the agreed scope may be treated as additional work and may incur additional fees.

Clients are responsible for providing consolidated and reasonably clear feedback where possible.

8. Delivery and Approvals

We will make reasonable efforts to meet agreed delivery timelines.

Delivery times may depend on factors including:

• Client feedback
• Approval times
• Availability of required materials
• Project complexity
• Scope changes
• Third-party services
• Technical issues

Once a client approves a final deliverable, additional changes may be treated as new work and may incur additional charges.

9. Advertising Platform Approval

NextAdCreative creates advertising and creative materials, but we do not guarantee that a particular advertisement will be approved by Google, Meta, TikTok, LinkedIn, or any other advertising platform.

Advertising platforms maintain their own policies, review processes, algorithms, and requirements.

The client remains responsible for ensuring that their products, services, claims, landing pages, and advertising activities comply with applicable laws and the policies of the advertising platform being used.

We may provide creative recommendations intended to improve compliance or performance, but we cannot guarantee approval, reach, impressions, clicks, conversions, sales, or other advertising results.

10. Intellectual Property

Unless otherwise agreed in writing, NextAdCreative retains ownership of its pre-existing materials, processes, templates, systems, methodologies, concepts, know-how, and other intellectual property used in providing the services.

Upon full payment of all applicable fees, the client will receive the rights to use the final approved deliverables created specifically for the client, subject to any third-party rights or licenses.

Unless otherwise agreed, ownership or usage rights do not automatically extend to:

• Unused concepts
• Rejected concepts
• Internal working files
• Source files
• Templates
• Proprietary processes
• Stock assets subject to third-party licenses
• Fonts, software, plugins, or other third-party materials

If source files or editable project files are included in the purchased service, this will be specified in the applicable agreement or proposal.

11. Third-Party Materials

Creative projects may contain third-party materials such as stock images, stock video, fonts, music, software assets, or other licensed materials.

Such materials may be subject to separate licenses and restrictions.

The client agrees to comply with applicable third-party license terms.

We do not transfer ownership of third-party materials where we do not own those rights.

12. Client Content and Materials

The client retains ownership of content and materials provided to NextAdCreative, unless otherwise agreed.

By providing content or materials to us, the client grants NextAdCreative permission to use, reproduce, modify, and incorporate those materials as reasonably necessary to provide the requested services.

The client represents that they have the necessary rights and permissions to provide such materials and authorize their use.

13. Portfolio and Marketing Use

Unless otherwise agreed in writing, NextAdCreative may display completed creative work produced for a client in our portfolio, website, social media, presentations, case studies, or other marketing materials.

If a client requires confidentiality or does not want completed work displayed publicly, the client should notify us in writing.

Any confidentiality agreement or specific written restriction regarding portfolio use will take precedence over this section.

14. Confidentiality

We will take reasonable steps to keep confidential information provided by clients private and will not intentionally disclose confidential information to third parties except where reasonably necessary to provide services, comply with legal obligations, or protect our rights.

Clients are also responsible for keeping confidential any proprietary information, materials, pricing, processes, or other confidential information provided by NextAdCreative.

Where the parties have entered into a separate confidentiality agreement, that agreement will govern confidentiality obligations to the extent of any conflict.

15. Results and Performance Disclaimer

NextAdCreative does not guarantee specific advertising or business results.

Creative performance can be affected by many factors outside our control, including:

• Advertising budgets
• Targeting
• Audience quality
• Market conditions
• Competition
• Product or service quality
• Pricing
• Landing pages
• Advertising platform algorithms
• Account history
• Offer and positioning
• External economic conditions

Therefore, we do not guarantee any specific number of impressions, clicks, leads, conversions, sales, revenue, return on ad spend, or other business outcomes unless expressly agreed otherwise in writing.

16. Website Content

Information published on the NextAdCreative website is provided for general informational purposes.

Although we aim to keep information accurate and up to date, we do not guarantee that all website content will always be complete, accurate, current, or free from errors.

We may modify, update, or remove website content at any time.

17. Third-Party Services and Links

Our website or services may rely on or link to third-party platforms and services, including payment providers, scheduling services, communication platforms, advertising platforms, hosting providers, analytics services, and other tools.

Third-party services are governed by their own terms and policies.

NextAdCreative is not responsible for the availability, security, performance, policies, or actions of third-party services that we do not control.

18. Disclaimer of Warranties

To the maximum extent permitted by applicable law, our website and services are provided on an "as is" and "as available" basis.

We do not guarantee that:

• The website will always be available or uninterrupted
• The website will always be free from errors
• Our services will produce a particular business result
• Advertising platforms will approve submitted creative
• Third-party services will always operate without interruption

Nothing in these Terms excludes any consumer or other legal rights that cannot lawfully be excluded.

19. Limitation of Liability

To the maximum extent permitted by applicable law, NextAdCreative will not be liable for indirect, incidental, consequential, special, or punitive damages, or for loss of profits, revenue, business opportunities, data, or goodwill arising from or related to the use of our website or services.

To the extent permitted by applicable law, our total liability arising from a specific service engagement will not exceed the total amount actually paid to NextAdCreative for that engagement, except where such limitation is prohibited by law.

20. Indemnification

To the extent permitted by applicable law, the client agrees to indemnify and hold harmless NextAdCreative and Layachi LLC from claims, damages, liabilities, losses, and expenses arising from:

• Materials or information supplied by the client
• The client's products or services
• Claims made by the client in advertising
• The client's violation of applicable laws or advertising platform policies
• The client's violation of these Terms
• The client's infringement of third-party intellectual property rights

This section does not apply to the extent that a claim results from NextAdCreative's or Layachi LLC's own intentional misconduct or other conduct that cannot legally be excluded.

21. Suspension or Termination

We may suspend or terminate services if:

• The client fails to make required payments
• The client materially breaches these Terms
• The client provides unlawful or fraudulent materials
• Continuing the engagement would create a legal, security, or significant reputational risk
• The project becomes impractical due to circumstances outside our reasonable control

Termination does not eliminate payment obligations for services already performed or amounts otherwise owed.

22. Force Majeure

NextAdCreative will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including significant technical failures, internet or infrastructure outages, natural disasters, governmental actions, war, civil unrest, labor disruptions, or failures of third-party services.

23. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, technology, legal requirements, or business practices.

When we make changes, we will update the "Last Updated" date at the top of this page.

Your continued use of our website or services after changes become effective may constitute acceptance of the updated Terms, to the extent permitted by applicable law.

24. Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the State of Wyoming and applicable United States federal law, except to the extent that applicable law requires otherwise.

Any dispute arising from or relating to these Terms or our services will be handled by a court or dispute-resolution mechanism having appropriate jurisdiction, subject to any mandatory rights or protections available to the client under applicable law.

25. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect to the extent permitted by law.

26. Entire Agreement

These Terms, together with any applicable proposal, quotation, invoice, checkout terms, service agreement, or other written agreement between NextAdCreative and the client, constitute the agreement governing the relevant services.

If there is a conflict between these Terms and a specific written agreement, the specific written agreement will control to the extent of the conflict.

27. Contact Us

If you have questions about these Terms of Service, please contact us:

NextAdCreative
Operated by Layachi LLC

• Website: nextadcreative.com
• Email: nextadcreative@proton.me
• Business location: Wyoming, United States

By using our website or purchasing our services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them, to the extent permitted by applicable law.