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Terms of Service

Effective Date: October 10, 2025
Entity: Winford Harter Consulting LLC
Address: 30 N Gould St Ste R, Sheridan, WY 82801, United States
Website: https://istok.media/

 

  1. Acceptance of Terms

By accessing or using this website (the “Site”), or any services, digital content, templates, or materials provided by Winford Harter Consulting LLC (“Company”, “we”, “us”, or “our”), you (“User”, “Client”, or “you”) agree to be legally bound by these Terms of Service (“Terms”), our Privacy Policy, our Refund Policy, and any other legal notices posted on this Site.

If you do not agree with these Terms, you must not use or access the Site or any of our services.

We reserve the right to modify these Terms at any time, without prior notice, by posting an updated version on this page. Continued use of the Site or Services after such modifications constitutes acceptance of the revised Terms.

 

  1. Scope of Services

Winford Harter Consulting LLC provides strategic and creative consulting services including, but not limited to:

  • Branding and storytelling strategy
  • Marketing and communications consulting
  • Content creation, including AI-assisted visual and written production
  • UGC and influencer campaign development
  • Educational programs, workshops, and training materials
  • Creative direction and brand development

All services are provided under written agreements, invoices, or proposals specific to each project (“Service Agreements”).
Unless explicitly stated otherwise, nothing on this Site constitutes a legally binding offer, quotation, or guarantee of service.

 

  1. Eligibility and Use Restrictions

You must be at least 18 years old or the age of majority in your jurisdiction to use this Site or enter into a Service Agreement with us.

You agree not to use the Site or Services for any unlawful or prohibited purpose, including but not limited to:

  • Attempting to gain unauthorized access to our systems or data
  • Copying, reproducing, or redistributing any content, graphics, videos, or code without permission
  • Using our materials to create competing services or derivative works
  • Harassing, defaming, or interfering with our staff, contractors, or clients
  • Misrepresenting your affiliation with our company or clients

We reserve the right to suspend or terminate access to any User or Client who violates these Terms.

 

  1. Intellectual Property Rights

All content on this Site — including text, images, graphics, videos, designs, logos, concepts, frameworks, templates, methods, AI-generated assets, and software — is the exclusive intellectual property of Winford Harter Consulting LLC or its licensors.

You are granted a limited, non-exclusive, non-transferable license to access and view the Site for informational and personal use only.

You may not, under any circumstance, copy, modify, reproduce, sell, or distribute our intellectual property, whether human-created or AI-generated, without prior written consent from the Company.

Violation of these rights may result in legal action and financial damages.

 

  1. AI-Generated Content Disclaimer

Certain materials produced or displayed by the Company may involve artificial intelligence (“AI”) tools and systems, including but not limited to text, images, videos, audio, or synthetic media.

All AI-generated content is human-directed, reviewed, and curated by our team for artistic, educational, or strategic purposes.

The Company makes no warranty regarding the originality, factual accuracy, or copyright status of AI-generated outputs.
You agree that all AI-generated materials are provided “as is,” and you assume full responsibility for their use, modification, or publication.

 

  1. Confidentiality

Both parties agree to maintain confidentiality regarding all non-public business, technical, or creative information shared during collaboration.

Clients may not share proprietary materials, templates, scripts, creative frameworks, or project deliverables with third parties without prior written consent.

This obligation shall survive the termination of any contract or business relationship.

 

  1. Payments and Billing

All fees for Services are specified in individual agreements, proposals, or invoices. Payment terms (e.g., upfront percentage, milestone billing, or retainers) are defined for each engagement.

Payments are non-refundable once a service has commenced, unless otherwise stated in the Refund Policy.

We reserve the right to suspend or delay work for overdue invoices. Late payments may incur administrative fees or interest charges as permitted by law. All fees are exclusive of applicable taxes, which the Client is responsible for.

Refunds and Cancellations:
All refund and cancellation terms are governed by our Refund Policy, which is incorporated herein by reference. By engaging our services or making any payment, you acknowledge and agree to the Refund Policy. No additional refund rights shall apply beyond those stated therein.

 

  1. Third-Party Tools and Links

Our Site may include links or integrations to third-party platforms (e.g., AI providers, analytics tools, social media, payment processors).

We do not control or endorse any third-party services, and your use of them is at your own risk.
We disclaim any responsibility for the content, data handling, or actions of third-party websites or tools.

 

  1. Portfolio and Attribution Rights

Unless otherwise agreed in writing, the Company retains the right to include completed projects, deliverables, and case studies in its portfolio, marketing materials, and social media channels.
This includes screenshots, mockups, campaign results, and public metrics (e.g., followers, reach, engagement).

If a Client wishes to remain confidential, they must explicitly request this in writing prior to the start of collaboration.

 

  1. Digital Products and Licensing

For digital materials, templates, AI assets, or other deliverables, the Client receives a non-exclusive, non-transferable license to use such materials solely for their intended business purpose.

The Client may not resell, sublicense, or redistribute any deliverable or underlying source materials (including AI prompts, datasets, or project files) without written consent from the Company.

All raw project files, drafts, and intellectual property remain the property of the Company unless otherwise specified in a Service Agreement.

 

  1. Independent Contractor Status

Nothing in these Terms shall be construed to create an employer-employee relationship, partnership, or joint venture between the Client and the Company.
Each party acts solely as an independent contractor, and neither shall have authority to bind the other in any manner.

 

  1. Data Protection and Privacy Compliance

We respect your privacy and comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.

Personal data is processed strictly for legitimate business purposes and in accordance with our Privacy Policy.
We are not responsible for data loss, leaks, or breaches occurring on third-party systems such as Google, Meta, OpenAI, Airtable, Notion, or any other integrated tools.

 

  1. Electronic Communications and Consent

By using our Site or communicating with us electronically, you consent to receive communications from us via email or digital channels.
You agree that such communications have the same legal effect as signed written documents and satisfy any legal requirement that communications be in writing.

 

  1. Recording and Media Consent

By engaging our services, you grant the Company permission to record, edit, reproduce, and use any content, footage, or creative assets produced during collaboration for portfolio, marketing, or internal purposes, unless confidentiality has been requested in writing.

Clients providing voice, likeness, or UGC materials are responsible for ensuring that they have obtained necessary rights or permissions from any third parties appearing in such materials.

 

  1. Limitation of Liability

To the maximum extent permitted by law, Winford Harter Consulting LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

  • Use or inability to use the Site or Services
  • Errors, omissions, or inaccuracies in content or advice
  • Loss of data, reputation, or business opportunities
  • Unauthorized access to systems or information
  • Performance or malfunction of AI tools or third-party platforms

Our total liability in any matter related to the Services shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.

 

  1. No Guarantee of Results

The Company provides strategic and creative services that depend on multiple external factors such as algorithms, audience behavior, and market dynamics.
We do not guarantee specific results, including revenue increase, engagement growth, or social media performance.
All deliverables are produced with professional care and creative judgment, but results are inherently variable.

 

  1. Indemnification

You agree to indemnify and hold harmless Winford Harter Consulting LLC, its affiliates, officers, employees, contractors, and partners from any claims, liabilities, damages, losses, or expenses (including attorneys’ fees) arising out of:

  • Your use or misuse of our Services or materials
  • Your violation of these Terms
  • Your infringement of any intellectual property or rights of a third party

 

  1. Termination

We may terminate or suspend your access to the Site or Services at any time, with or without notice, if you breach these Terms or misuse our intellectual property.
Upon termination, all rights granted to you will immediately cease, and you must destroy any downloaded or received materials.

Sections on confidentiality, intellectual property, indemnification, and limitation of liability shall survive termination.

 

  1. Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
The arbitration shall take place in Sheridan County, Wyoming, and conducted in English.

You waive the right to participate in any class, collective, or representative action against the Company.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.

 

  1. Force Majeure

The Company shall not be held liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, cyberattacks, pandemics, strikes, power outages, or government actions.

 

  1. Severability

If any provision of these Terms is found unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

 

  1. Entire Agreement

These Terms constitute the entire agreement between you and Winford Harter Consulting LLC regarding your use of the Site and Services, and supersede any prior understandings or communications.
No oral or implied terms shall modify or override these Terms unless expressly agreed in writing.

 

  1. Survival Clause

Provisions concerning confidentiality, intellectual property, limitation of liability, indemnification, and governing law shall survive the termination or expiration of this Agreement for any reason.

 

  1. Contact Information

For any questions regarding these Terms, please contact us at: info@istok.media