Legal

Terms of Service

Last updated September 30, 2026

1. 01The agreement

   Our agreement is the proposal you sign plus these terms. The proposal sets what you're buying (a plan, unbundled services, add-ons or custom line items) and its prices; if it conflicts with these terms, the proposal wins. Whoever signs confirms they're authorized to bind the brand.

   Signing electronically, by typing your name and email and clicking Agree, is as binding as signing on paper.

2. 02What we do

   We provide the services in your proposal, as described there and on our website. You sign up for either a plan or unbundled services, plus any add-ons you pick.

   • Plans include ads management, and each plan includes the one below it. Every plan starts with Setup.
   • Unbundled services (Operations or Creative on its own) are for brands that don't want us running their ads. You take them instead of a plan, not alongside one, and they don't include ads management, Setup or the ads fee. If you later want us on your ads, you move to a plan, which starts with Setup.
   • Add-ons, like an Email + SMS campaign or an NIL roster build, are one-time jobs you can order as often as you like, with a plan or unbundled services.

   Work outside what you signed is quoted separately before we start it.

3. 03Fees and payment

   • Setup is a one-time $1,000 fee for plans, invoiced when you sign and paid before Setup begins.
   • The monthly fee is invoiced monthly in advance. For a plan it starts when Setup is complete; for unbundled services it starts on the start date we agree, or when you sign if we haven't agreed one.
   • Add-ons are a one-time fee each time we do one, at the price on our website when you order it. Any you pick when signing are invoiced with Setup, or with your first month if you have no Setup; later ones are invoiced when you order them.
   • The ads fee applies to plans only. It's 10% of the prior month's ad spend across the platforms we manage, invoiced on the 5th of each month. Unbundled services have no ads fee.
   • Ad spend and tool subscriptions (Shopify apps, Klaviyo, Postscript and the like) are billed to you directly by those platforms. They're never part of our fees.
   • Invoices are due by the date on the invoice. If one goes unpaid, we may pause work until it's settled. Fees don't include taxes, which you're responsible for.

4. 04Term and cancellation

   Each plan has a 3-month initial term from the end of Setup. Unbundled services have a 3-month initial term from the day their monthly fee starts. Either way it then continues month to month, unless your proposal sets a different term. After the initial term, either side can cancel with 30 days' written notice (email counts). Setup fees and fees for work already done aren't refundable. Either side can end the agreement immediately if the other materially breaches it and doesn't fix it within 15 days of notice.

5. 05Your accounts, assets and data

   You own your ad accounts, store, analytics, email lists, customer data and every asset we make for you once it's paid for. We work as admins on your accounts, never owners, and we hand back access when we part ways.

   You're responsible for giving us the access we need and for the accuracy of what you give us, such as product details and landed costs.

6. 06Licensed marks

   You're responsible for holding the licenses and approvals needed for the collegiate, pro or other marks on your products and in your marketing. We follow the guidelines you give us, but approval from the licensor is yours to get and keep.

7. 07NIL roster building

   If your proposal includes the NIL roster building add-on, we build your athlete roster on athletes.app: a list of athletes we think you should work with at the schools you care about, plus help connecting with their schools and agents.

   We don't guarantee deals with any athlete on your roster. Athletes, schools and agents decide for themselves. Any deal is between you and the athlete, runs through athletes.app under its own terms, and is yours to keep compliant with NCAA, conference, school and state NIL rules. We aren't an athlete agent and don't negotiate or sign deals on anyone's behalf.

8. 08Results

   We run your marketing against goals we agree on, such as your CAC goal, and report honestly on how it's going. Ad platforms, markets and customers are outside our control, so we don't guarantee specific sales, revenue or returns.

9. 09Confidentiality

   We keep your non-public business information confidential and use it only to do the work. You do the same for ours, including our pricing and methods.

10. 10Website and client portal

    Keep your portal login to yourself and tell us if you think someone else has used it. Don't misuse the website or portal, try to get into data that isn't yours, or interfere with how they run. Free tools on our website, like the calculators, are estimates for guidance only.

11. 11Limitation of liability

    Neither side is liable for indirect or consequential losses, like lost profits. Our total liability under the agreement is limited to the fees you paid us in the 3 months before the claim arose.

12. 12General

    Utah law governs these terms, and disputes go to the courts in Utah. If we update these terms, the new version applies from its date to new proposals and, after 30 days' notice, to existing clients. Our handling of personal information is covered by our Privacy Policy.

    Questions: hello@varsityhabits.com.