Effective Date: August 12, 2026
Last Updated: August 12, 2026

1. Agreement to These Terms

Welcome to Phase Up (“Phase Up,” “we,” “our,” or “us”).

These Terms and Conditions (“Terms”) govern your access to and use of the Phase Up website, located at phaseup.co, and any content, features, forms, resources, or other services made available through the website.

By accessing or using our website, you agree to these Terms. If you do not agree with these Terms, please do not use the website.

Additional terms may apply to specific Phase Up services, products, client engagements, or agreements. Where a separate written agreement exists, that agreement will control over these Terms to the extent of any conflict.

2. About Phase Up

Phase Up provides marketing strategy, creative services, web development, advertising, content, analytics, automation, and related business services.

Information presented on our website is provided for general informational purposes and does not constitute a guarantee of specific business, financial, marketing, advertising, or revenue results.

3. Website Use

You may use our website for lawful purposes and in accordance with these Terms.

You agree not to:

* Use the website for unlawful or fraudulent purposes
* Attempt to gain unauthorized access to our systems
* Interfere with the operation or security of the website
* Introduce malicious code, viruses, or other harmful technology
* Copy, reproduce, distribute, or exploit website content without permission
* Use automated systems to scrape, crawl, or collect website information in a manner that interferes with our services
* Impersonate Phase Up or another person or organization
* Use information obtained through the website to violate another person’s rights

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

4. Intellectual Property

Unless otherwise stated, the Phase Up website and its content are owned by or licensed to Phase Up.

This includes:

* Website design
* Branding
* Logos
* Graphics
* Written content
* Photography
* Video
* Animations
* Illustrations
* Templates
* Marketing materials
* Software and functionality
* Other original materials

You may not reproduce, modify, distribute, publish, sell, license, or commercially exploit Phase Up content without our prior written permission.

Your use of the website does not grant you ownership of Phase Up’s intellectual property.

5. Client Materials and Ownership

When you provide Phase Up with materials, information, data, creative assets, trademarks, photographs, videos, website content, or other materials for use in providing services, you retain ownership of those materials unless otherwise agreed in writing.

You represent that you have the necessary rights and permissions to provide those materials to Phase Up and authorize us to use them for the agreed-upon purpose.

Ownership and licensing of materials created specifically for a client may be governed by the applicable client services agreement.

6. Marketing Services and Results

Phase Up uses professional marketing strategies, creative development, advertising optimization, analytics, and other methods intended to support business growth.
However, marketing results are not guaranteed.
Factors outside Phase Up’s control may affect performance, including:

* Market conditions
* Competition
* Customer behavior
* Pricing
* Product or service quality
* Client responsiveness
* Advertising platform changes
* Search engine algorithm changes
* Economic conditions
* Website performance
* Third-party platform policies
* Advertising budgets
* Changes in consumer demand

Any examples, case studies, testimonials, statistics, projections, or performance results presented on our website are provided for illustrative purposes and do not guarantee that another client will achieve the same results.

7. Advertising and Media Spend

Unless specifically stated in a written client agreement, advertising and media spend is not included in Phase Up’s service fees.

Clients are responsible for paying advertising platforms directly or funding advertising accounts as agreed.

Advertising platforms may change pricing, policies, targeting capabilities, availability, or performance without notice. Phase Up does not control third-party advertising platforms and cannot guarantee advertising approval, delivery, placement, traffic, leads, conversions, or revenue.

8. Third-Party Platforms

Phase Up may use third-party platforms and services to provide or support our services, including advertising platforms, analytics tools, website platforms, CRM systems, email services, hosting providers, payment processors, and other technology.

Third-party platforms are independent services and may have their own:

* Terms of service
* Privacy policies
* Fees
* Availability
* Restrictions
* Data practices
* Performance limitations

Phase Up is not responsible for outages, policy changes, account suspensions, data loss, algorithm changes, pricing changes, or other actions taken by third-party platforms.

9. Client Responsibilities

Clients are responsible for providing accurate and timely information, approvals, access, materials, and feedback reasonably necessary for Phase Up to perform its services.

Delays in receiving necessary information, approvals, access, payments, or materials may affect project timelines or campaign performance.

Clients remain responsible for the accuracy and legality of claims, offers, pricing, products, services, and other business information provided to Phase Up for publication or advertising.

10. Website and Content Approvals

Where Phase Up creates or manages websites, advertisements, social content, email campaigns, or other marketing materials, clients may be required to review and approve materials before publication.

Once a client approves content or instructs Phase Up to publish it, the client is responsible for confirming that the information is accurate and appropriate for publication.

Phase Up may rely on information and approvals provided by the client.

11. Communication

We may communicate with clients and prospective clients through email, phone, messaging platforms, project management systems, our client portal, or other agreed-upon communication channels.

Clients are responsible for maintaining accurate contact information and monitoring relevant communications.

12. Payments and Client Engagements

Specific pricing, billing schedules, engagement periods, cancellation terms, deliverables, and other commercial terms are governed by the applicable client services agreement or order.

Where applicable, Phase Up’s service engagements may require a minimum six-month commitment.

A website visitor is not considered a Phase Up client merely by submitting a contact form, survey, assessment, or other inquiry.

13. Client Portal

Phase Up may provide clients with access to a dedicated client portal.

The portal may contain:

* Reports
* Campaign information
* Marketing data
* Creative assets
* Project information
* Communications
* Performance information
* Other client materials

Clients are responsible for maintaining the confidentiality of their account credentials and notifying Phase Up of unauthorized access.

Portal availability may depend on third-party technology and may occasionally be interrupted for maintenance, updates, security, or technical issues.

14. Confidentiality

Phase Up will treat non-public client information as confidential and will use reasonable measures to protect it.

Confidentiality obligations may be further defined in a separate client agreement or confidentiality agreement.

Information that is publicly available, independently developed, lawfully obtained from another source, or required to be disclosed by law may not be considered confidential.

15. Website Availability

We work to keep the Phase Up website available and functioning properly, but we do not guarantee that the website will always be available, uninterrupted, secure, or error-free.

We may modify, suspend, or discontinue portions of the website at any time without notice.

16. Third-Party Links

Our website may contain links to websites or services operated by third parties.

These links are provided for convenience and do not constitute an endorsement or guarantee of the third-party service.

Phase Up is not responsible for third-party websites, content, policies, security, or availability.

17. Disclaimers

To the fullest extent permitted by law, the Phase Up website and its content are provided on an “as is” and “as available” basis.

Phase Up does not make warranties regarding:

* The accuracy or completeness of website content
* Continuous website availability
* Specific marketing or financial results
* The performance of third-party platforms
* The suitability of a particular marketing strategy for every business

Nothing in these Terms excludes warranties or rights that cannot legally be excluded under applicable law.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Phase Up and its owners, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the website or services, including loss of profits, revenue, business opportunities, data, or goodwill.

To the extent permitted by law, Phase Up’s total liability arising from your use of the website will not exceed the amount you paid to Phase Up for the specific services giving rise to the claim during the six months preceding the event giving rise to the claim.

Nothing in these Terms is intended to limit liability that cannot legally be limited or excluded under applicable law.

19. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Phase Up and its owners, employees, contractors, affiliates, and representatives from claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising from:

* Your violation of these Terms
* Your misuse of the website
* Materials you provide to Phase Up
* Your violation of another person’s rights
* Your violation of applicable laws or regulations
* Your products, services, offers, or business activities

20. Privacy

Your use of our website is also subject to our Privacy Policy, which explains how we collect, use, and protect personal information.

Our Privacy Policy is incorporated into these Terms by reference.

21. Changes to These Terms

We may update these Terms from time to time.

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

Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms.

22. Governing Law

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

To the extent permitted by law, any dispute arising from these Terms or your use of the website shall be brought in a court of competent jurisdiction located in North Carolina.

23. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

24. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

25. Entire Agreement

These Terms, together with our Privacy Policy and any applicable written client agreement, constitute the applicable agreement regarding your use of the Phase Up website.

Where a separate written client agreement exists, the client agreement controls with respect to the specific services and obligations covered by that agreement.

26. Contact Us

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

Phase Up
Website:  ⁠phaseup.co