Terms of Service — CyberForge Media

Summary

Plain-English summary: these terms govern visitors to our marketing site and people who book the free audit call. They do not govern paid client engagements. Those are covered by a separate signed Master Services Agreement that supersedes these terms for service delivery, deliverables, payment, and liability.

Agreement to terms

By accessing or using cyberforgemedia.com, lp.cyberforgemedia.com, any subdomain or landing page operated by CyberForge Media ("CyberForge," "we," "us," or "our"), or by submitting a form requesting our free audit, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you do not agree, do not use the site or submit a form. If you are submitting a form on behalf of a business, you represent that you have authority to bind that business to these terms.

The free audit offer

2.1

What we provide

If you submit our intake form and we accept your booking, we will provide a one-time, no-cost 30-minute discovery consultation about your product, your business, and your interest in entering Japan.

2.2

What it is not

The audit is a goodwill engagement, not a contract for ongoing services. It does not create an attorney-client, fiduciary, or agency relationship. We do not promise specific business outcomes from the audit alone. Outcomes require execution.

2.3

Eligibility

The free audit is offered at our discretion to US business owners with annual revenue of approximately $300,000 or more, spending at least $5,000 per month on marketing or planning to do so. We may decline to schedule a call with anyone who, in our judgment, is outside our service scope, is researching for competitive purposes, or is unlikely to benefit. We will tell you the reason if we decline.

2.4

No-show and rescheduling

If you no-show your audit call without rescheduling at least 4 hours in advance, we may decline to reschedule.

Acceptable use of our sites

You agree not to:

Use the sites in any way that violates US federal, state, or local law, or any applicable international law
Submit forms with false or misleading information, or impersonate another person or business
Probe, scan, or test the vulnerability of our sites or systems, or breach security or authentication measures
Scrape, copy, or systematically extract content from our sites for training AI models or for commercial reuse without our written permission
Interfere with or disrupt the integrity or performance of our sites
Use any automated means (bots, scripts, etc.) to access or submit forms on our sites

Intellectual property

4.1

Our content

All content on our sites (including but not limited to logos, copy, design, photography, video, code, and frameworks) is owned by CyberForge Media or licensed to us, and is protected by US and international copyright, trademark, and other intellectual property laws.

4.2

Limited license to you

We grant you a limited, non-exclusive, non-transferable, revocable license to view and use our sites for your personal, non-commercial review of our services. This license terminates automatically if you violate these Terms.

4.3

Your content

If you submit information to us through a form, comment, or communication, you grant us a worldwide, royalty-free license to use, reproduce, and display that information for the purpose of providing our services to you. You retain ownership of your information and trade secrets.

4.4

Marketing rights for case studies

If you become a paid client of CyberForge, your separate Master Services Agreement will govern whether and how we may reference your business as a case study, share your results, or display your logo. These Terms do not grant any such rights.

Disclaimers

5.1

No warranty on the sites

OUR SITES AND THE FREE AUDIT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.2

No business outcome guarantee

Marketing results depend on factors outside our control, including but not limited to your offer, market, product, sales process, ad platform changes, and the broader economy. The audit and any case studies, statistics, or examples we share illustrate what has been achievable for other clients in specific contexts and do not constitute a promise that you will achieve similar results. The numbers we publish (e.g., "$17.29 cost-per-lead," "27% creative-fatigue recovery") are factual outcomes for specific clients in specific time periods and do not guarantee comparable outcomes for your business.

5.3

No professional advice

Nothing on our sites or said during the audit constitutes legal, accounting, tax, medical, or financial advice. Consult a licensed professional for those matters.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OUR TOTAL AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITES OR THE FREE AUDIT IS LIMITED TO $100 OR THE AMOUNT YOU HAVE PAID US (WHICH IS $0 FOR THE FREE AUDIT), WHICHEVER IS GREATER.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This Section 6 does not apply to liability we cannot lawfully limit (e.g., gross negligence, willful misconduct, or fraud).

Indemnification

You agree to defend, indemnify, and hold harmless CyberForge Media, its officers, directors, employees, and contractors from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of our sites.

Communications and consent

8.1

Email

By submitting a form, you consent to receive transactional emails from us about your audit booking and any subsequent engagement (confirmations, reminders, deliverables). You may also receive marketing emails, which you can opt out of using the unsubscribe link in any marketing email. Transactional emails are not opt-outable while you have an active engagement.

8.2

SMS / phone

By providing a phone number, you consent to receive a confirmation contact about your scheduled audit call. We will not send marketing SMS without separate, explicit consent. Standard message and data rates may apply.

8.3

CAN-SPAM and TCPA

We comply with the US CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA). If you believe we have contacted you in violation of either, email work@cyberforgemedia.com immediately and we will investigate and remediate.

Governing law and dispute resolution

9.1

Governing law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws principles.

9.2

Informal resolution

Before filing a claim against us, you agree to email us at work@cyberforgemedia.com with a description of your concern and to attempt to resolve it informally for at least 30 days.

9.3

Venue

Any unresolved dispute will be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida. You and CyberForge consent to personal jurisdiction in those courts.

9.4

Class action waiver

You and CyberForge agree to bring any claim only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Changes to these terms

We may update these Terms from time to time. We will post the updated version on this page and update the "Last updated" date at the top. If the changes materially affect your rights, we will notify you by email if we have your address. Continued use of our sites after the updated Terms take effect constitutes acceptance.

Termination

We may suspend or terminate your access to the sites at any time, without notice, for conduct that violates these Terms or that we determine, in our sole discretion, is harmful to other users, to us, or to third parties. Sections that by their nature survive termination (e.g., intellectual property, disclaimers, limitation of liability, governing law) will survive.

Severability and entire agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy, are the entire agreement between you and CyberForge Media regarding your use of the sites and the free audit. Any signed Master Services Agreement for paid services supersedes these Terms for that engagement.

Contact

For questions about these Terms:

Email: work@cyberforgemedia.com
Mail: CyberForge Media, 251 NE 20th Street, Apt 1014, Miami, FL 33137, United States

Note

Note for paid clients: these Terms govern visitors to our marketing site and the free audit. They do not replace your Master Services Agreement, Statement of Work, or Order Form for paid engagements. Where any term in a signed paid-services agreement conflicts with these Terms, the signed agreement controls for that engagement.