Client Services & Compliance Terms

Last updated: November 4, 2026

These Client Services & Compliance Terms (“Client Terms”) apply to every project, retainer, subscription, product, and service that Kovsk Digital LLC (“Kovsk,” “we,” “our,” or “us”) provides to a business client (“Client,” “you,” or “your”). That includes websites, landing pages, funnels, apps, software, CRMs, AI agents, chatbots, voice agents, automations, paid ads and marketing campaigns, content, creative, CGI and AI imagery, hosting, and maintenance (together, the “Services,” and anything we create or set up for you, the “Deliverables”).

These Client Terms are incorporated by reference into every proposal, statement of work, invoice, order form, checkout, and agreement we issue, and they supplement our Terms & Conditions. By signing a proposal, paying an invoice, approving work, or using any Deliverable, you agree to them. If a contract signed by both parties conflicts with these Client Terms, the signed contract controls only for the specific conflicting provision. If these Client Terms conflict with our general Terms & Conditions, these Client Terms control for client services.

1. Your Business, Your Legal Responsibility

You own and operate your business, websites, apps, ad accounts, social accounts, phone numbers, CRM, data, and customer relationships. You are solely responsible for determining which laws, regulations, and platform rules apply to your business, industry, products, and locations, and for making sure everything published, sent, sold, or collected under your name complies with them.

Kovsk is a creative and technical service provider. We are not your attorney, compliance officer, accessibility auditor, privacy officer, or regulatory consultant, and nothing we say, write, build, or deliver is legal advice. Before you launch, publish, or run anything we create, you agree to review it, perform your own due diligence, and obtain advice from qualified professionals, including legal counsel, as you see fit. Approving, launching, publishing, or using a Deliverable confirms that you reviewed it and accept it as your own.

2. Accessibility (ADA, WCAG, and Similar Laws)

Accessibility laws, including the Americans with Disabilities Act (ADA), Section 508, California’s Unruh Civil Rights Act, New York state and city laws, the European Accessibility Act, and similar laws elsewhere, place obligations on the business that owns and operates a website, app, or digital service. As between you and Kovsk, compliance with these laws is your responsibility.

Unless a contract signed by both parties expressly includes a paid accessibility audit and remediation scope that names a specific standard (for example, “WCAG 2.2 Level AA”), Kovsk does not represent, warrant, or guarantee that any website, app, page, document, video, email, ad, form, chatbot, or other Deliverable conforms to the Web Content Accessibility Guidelines (WCAG) or complies with the ADA or any other accessibility law. General references to best practices, usability, or “accessible design” are not a warranty of conformance or legal compliance.

Even when accessibility work is in scope: (a) testing reflects a snapshot of the Deliverable at the time it was tested; (b) automated scanners, overlays, and accessibility widgets do not guarantee compliance or prevent claims; and (c) conformance can be lost as soon as content, code, plugins, embeds, or third-party features change.

You are responsible for alt text, captions, transcripts, and audio descriptions; for color, contrast, layout, and design choices you request or approve; for PDFs, documents, images, and videos you supply; for content added or edited by you or anyone other than Kovsk; for third-party tools and embeds such as booking, chat, payment, review, map, and social widgets; and for ongoing accessibility monitoring, testing, and remediation after launch. If you receive an accessibility demand letter, complaint, or lawsuit, you will handle it at your own expense. Kovsk may help with remediation as a separate paid engagement.

3. Privacy, Cookies, Tracking, and Data

You control all personal data collected through your websites, forms, pixels, ads, chatbots, AI agents, CRMs, and automations. You are solely responsible for having a legally sufficient privacy policy, terms, cookie banner, and consent setup; for deciding which tracking and analytics tools to use (such as the Meta Pixel and Conversions API, Google Analytics and Ads tags, TikTok Pixel, session recording, and chat widgets) and how consent is collected for them; and for complying with all applicable privacy, wiretapping, and consumer protection laws, including state privacy laws such as the CCPA/CPRA, the California Invasion of Privacy Act, the Video Privacy Protection Act, the GDPR, HIPAA, COPPA, and the GLBA.

Any policy templates, cookie banners, or consent tools we install are a convenience only and must be reviewed by you or your counsel. You must tell us in writing before work begins if your business handles health, financial, children’s, biometric, or other sensitive information. Kovsk is not responsible for claims arising from the collection, use, or sharing of data through tools you approved or accounts you control.

4. Texts, Calls, Emails, and AI Agents (TCPA and CAN-SPAM)

If we set up or operate AI agents, chatbots, voice agents, SMS or email follow-up, auto-responders, booking flows, or other automated communications for you, you are the sender and caller of record. You are solely responsible for complying with the Telephone Consumer Protection Act (TCPA), FCC rules, the National and state Do Not Call registries, state telemarketing and “mini-TCPA” laws, calling-hour restrictions, CAN-SPAM, carrier requirements including A2P 10DLC registration, and similar laws.

You must obtain and keep records of every consent required for messages and calls sent on your behalf, honor opt-out and stop requests immediately, provide us only with contacts you are legally permitted to contact, and disclose automated or AI interactions where the law requires. Kovsk does not decide whom you contact and does not verify your consent records, and Kovsk is not liable for statutory damages, fines, or claims related to communications sent through your accounts, numbers, or tools.

5. AI Tools and AI-Generated Content

Our Services may use artificial intelligence tools for imagery, CGI, copy, video, chat and voice agents, and automation. AI output can be inaccurate, incomplete, biased, or similar to existing material, and AI agents can make mistakes, misquote prices or availability, or say things you did not intend. You are responsible for reviewing and approving AI-generated content; for the scripts, knowledge base, pricing, offers, and guardrails your AI agents use; for monitoring their conversations; and for any statements made to your customers. You are also responsible for labeling AI-generated or AI-altered media wherever a platform or law requires it.

6. Your Content, Products, Claims, and Advertising

You are responsible for all content, trademarks, logos, product data, images, videos, music, specifications, fitment and compatibility information, prices, testimonials, reviews, statistics, results, guarantees, offers, and claims that you provide, request, or approve, and for holding every right and license needed to use them. You are responsible for making sure all advertising and marketing is truthful, substantiated, and compliant with the FTC Act and FTC Endorsement Guides, consumer protection laws, automotive and emissions laws (including rules on parts that are not street-legal or not EPA or CARB compliant), industry regulations, and the policies of Meta, Google, TikTok, and every other platform you use.

Kovsk is not responsible for product liability, warranty, installation, fitment, or safety claims about anything you sell; for ad rejections, account restrictions, or bans; or for decisions made by any platform.

7. No Guaranteed Results

Marketing, advertising, SEO, AI, and software outcomes depend on factors outside our control, including your offer, pricing, budget, follow-up, sales process, competition, market conditions, and platform algorithms. Unless a contract signed by both parties expressly guarantees a specific, measurable result, Kovsk does not guarantee leads, sales, revenue, return on ad spend, rankings, traffic, approvals, uptime, or any other outcome. Projections, estimates, case studies, and example results are illustrations only, not promises.

8. Third-Party Platforms and Services

Deliverables run on or connect to third-party platforms such as Framer, Shopify, WordPress, Webflow, Meta, Google, TikTok, Stripe, Calendly, Twilio, OpenAI and other AI providers, hosting providers, and CRMs. Their terms and fees apply to you, and you are responsible for your accounts with them and your compliance with their rules. Kovsk does not control and is not responsible for third-party outages, changes, pricing, security incidents, data handling, policy enforcement, or features, including accessibility or privacy defects in third-party products.

9. Acceptance, Changes After Launch, and Support

A Deliverable is accepted “as is” when it is delivered, launched, or approved, whichever happens first. Kovsk is not responsible for issues caused by changes made by you, your staff, other vendors, plugins, platform updates, or anyone other than Kovsk, or for ongoing compliance, security, updates, or monitoring unless you have an active paid maintenance plan that expressly covers that work. If you report a defect within 14 days of delivery that was caused by Kovsk’s work and falls within the original scope, we will correct it at no charge. That correction is your sole and exclusive remedy for defective work.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND KOVSK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, ACCESSIBILITY, LEGAL OR REGULATORY COMPLIANCE, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, CREATES ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN A CONTRACT SIGNED BY BOTH PARTIES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) KOVSK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOST PROFITS, REVENUE, SALES, DATA, GOODWILL, OR OPPORTUNITIES; OR FOR FINES, PENALTIES, OR STATUTORY DAMAGES, EVEN IF ADVISED THAT THEY WERE POSSIBLE; AND (B) KOVSK’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR DELIVERABLES WILL NOT EXCEED THE FEES YOU ACTUALLY PAID KOVSK FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE EVENT THAT CAUSED IT.

These limits apply to every theory of liability, including contract, tort, negligence, strict liability, statute, and indemnity. They are an essential part of our pricing and of the bargain between you and Kovsk.

12. Indemnification

You agree to defend, indemnify, and hold harmless Kovsk Digital LLC and its owners, members, managers, employees, contractors, and agents from and against all claims, demand letters, lawsuits, investigations, damages, settlements, fines, penalties, and costs, including reasonable attorneys’ and expert fees, arising out of or related to: (a) the accessibility of your websites, apps, content, or other digital properties; (b) your collection, use, or sharing of personal data, tracking, cookies, chat, or session data; (c) calls, texts, emails, or AI agent communications sent on your behalf; (d) your content, products, services, claims, offers, advertising, or business operations; (e) changes made by anyone other than Kovsk; (f) your violation of any law, platform policy, or third-party right; or (g) your breach of these Client Terms.

Kovsk may select its own counsel at your expense. You may not settle any claim in a way that imposes any obligation, payment, or admission on Kovsk without our prior written consent. This section applies even if a claim alleges that Kovsk was negligent, except to the extent a court finally determines that the loss was caused by Kovsk’s gross negligence or willful misconduct.

13. Payment, Chargebacks, and Suspension

If any balance is past due, Kovsk may pause work, suspend Services, disable Deliverables hosted or managed by Kovsk, and withhold files until the balance is paid in full. Initiating a chargeback or payment dispute for Services already performed is a breach of these Client Terms. You will reimburse Kovsk’s reasonable costs of collection, including attorneys’ fees.

14. Disputes, Deadlines, and Venue

Before filing any claim, you must send written notice describing the issue to support@kovsk.com and give Kovsk 30 days to resolve it informally. Any claim against Kovsk must be filed within one (1) year after the claim arises, or it is permanently barred. Claims may be brought only on an individual basis, and not as a plaintiff or class member in any class, collective, or representative action. TO THE EXTENT PERMITTED BY LAW, YOU AND KOVSK EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

These Client Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law rules. The state and federal courts located in Hamilton County, Tennessee have exclusive jurisdiction and venue, and you consent to their jurisdiction. In any dispute arising from these Client Terms or the Services, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

15. Accessibility of kovsk.com

We want everyone to be able to learn about our services. We work to make kovsk.com usable for people with disabilities and use WCAG 2.2 Level AA as a reference guide, though some content and third-party tools may not yet be fully accessible. If you have trouble accessing any part of this site, email support@kovsk.com and we will work with you to provide the information or service another way. This statement describes our ongoing efforts and is not a guarantee or warranty of conformance.

16. General

Kovsk is an independent contractor, and nothing in these Client Terms creates a partnership, joint venture, employment, or agency relationship. Kovsk is not responsible for delays or failures caused by events beyond its reasonable control. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions stay in effect. Kovsk’s failure to enforce a provision is not a waiver. Sections 1 through 14 and this section survive the completion or termination of any project.

We may update these Client Terms at any time by posting a new version on this page. The version in effect when you sign a proposal or pay an invoice applies to that engagement, and the current version applies to new work and renewals.

Contact

Questions about these Client Terms can be sent to Kovsk Digital LLC at support@kovsk.com.