Terms of Service

Effective Date: March 25, 2026 | Last Updated: March 25, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at theartof.agency and the services provided by TAO Agency ("TAO," "we," "us," or "our"). By accessing our website, submitting an inquiry, or entering into a service agreement with us, you ("Client" or "you") agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use our website or services.

1. Services

TAO Agency provides AI-powered executive communications services to small-cap and microcap public companies. Our core offerings include:

AI-generated executive avatar video content
Conversion of press releases and corporate announcements into CEO video updates
Executive LinkedIn presence strategy and content
Investor communications consulting

The specific scope of services, deliverables, timelines, and fees for each engagement will be set out in a separate Statement of Work ("SOW") or service agreement executed between TAO and the Client. In the event of any conflict between these Terms and a signed SOW, the SOW will control with respect to that specific engagement.

2. Eligibility and Account Access

Our services are intended for business entities and professionals, including public companies, their officers, and authorized representatives. By using our services you represent that:

You are at least 18 years of age
You have the legal authority to enter into binding agreements on behalf of the entity you represent
Your use of our services will comply with all applicable laws and regulations, including securities laws governing investor communications

TAO reserves the right to refuse service to any person or entity at our discretion.

3. Client Responsibilities and Content

You are solely responsible for the accuracy, completeness, and legality of all materials you provide to TAO, including but not limited to:

Press releases, corporate announcements, and investor communications
Executive photographs, video footage, voice recordings, and other likeness materials
Branding assets, logos, and creative direction
Any statements of fact made about your company, its financials, or its prospects

You represent and warrant that:

You own or have obtained all necessary rights, licenses, consents, and permissions to provide such materials to TAO and for TAO to use them in delivering the services
Your materials do not infringe the intellectual property rights, privacy rights, or other rights of any third party
Content produced with our assistance will comply with all applicable securities regulations, including rules governing forward-looking statements, material non-public information (MNPI), and investor communications

TAO is not a registered broker-dealer, investment advisor, or securities attorney. We do not provide legal, financial, or regulatory compliance advice. Clients are responsible for ensuring all investor-facing content complies with applicable securities laws and for obtaining any required approvals before publication or distribution.

4. AI-Generated Content

TAO uses artificial intelligence tools to generate video content, including synthetic representations of executives. By providing us with likeness materials (photographs, video, voice recordings), you grant TAO a limited, non-exclusive license to use those materials solely for the purpose of creating deliverables under your engagement.

You acknowledge that:

AI-generated content may not be perfect and may require your review and approval before use
You are responsible for reviewing all deliverables for accuracy, compliance, and appropriateness before publication
TAO will not publish or distribute content on your behalf without your authorization
Likeness materials you provide will be handled with strict confidentiality and deleted upon request or at the conclusion of your engagement, subject to any legal retention requirements

TAO does not claim ownership of any likeness, persona, or identity used in the creation of client deliverables. All such rights remain with the respective individual or entity.

5. Intellectual Property

Client-owned materials:

All materials you provide to TAO (press releases, executive likeness, branding assets, etc.) remain your sole property. TAO claims no ownership interest in client-provided content.

Deliverables:

Upon receipt of full payment for an engagement, TAO assigns to you all rights, title, and interest in the final deliverables produced specifically for that engagement, including video content, scripts, and associated creative assets. TAO retains the right to use anonymized or aggregated data derived from engagements to improve its services.

TAO intellectual property:

All other intellectual property associated with TAO Agency — including our website, proprietary workflows, AI systems, templates, methodologies, and branding — remains the exclusive property of TAO Agency. You may not reproduce, distribute, or create derivative works from TAO's proprietary materials without our express written consent.

Portfolio use:

Unless you request otherwise in writing, TAO reserves the right to reference your company's name and the general nature of services provided (without disclosing confidential content) in our portfolio, case studies, and marketing materials.

6. Fees and Payment

Fees for services will be specified in your SOW or service agreement. Unless otherwise stated:

Invoices are due within 15 days of the invoice date
TAO may require a deposit prior to commencing work
Late payments may be subject to a 1.5% monthly interest charge or the maximum permitted by law, whichever is less
All fees are quoted and payable in U.S. dollars
Fees are non-refundable once work has commenced, except as expressly stated in the applicable SOW

TAO reserves the right to suspend or withhold delivery of services and deliverables in the event of non-payment.

7. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the services ("Confidential Information"), and to use such information only for the purposes of the engagement. Confidential Information does not include information that:

Is or becomes publicly available through no fault of the receiving party
Was known to the receiving party prior to disclosure
Is independently developed by the receiving party without use of the Confidential Information
Is required to be disclosed by law, regulation, or court order (with prompt notice to the disclosing party where permitted)

This obligation of confidentiality survives the termination of any engagement or these Terms for a period of three (3) years.

8. Term and Termination

These Terms remain in effect for as long as you use our website or have an active engagement with TAO. Either party may terminate an engagement as specified in the applicable SOW.

TAO may immediately suspend or terminate access to our services if:

You materially breach these Terms or the applicable SOW and fail to cure such breach within 10 business days of written notice
You use our services for any unlawful purpose, including securities fraud or market manipulation
You become insolvent or are subject to bankruptcy proceedings

Upon termination: you will promptly pay all outstanding fees for work completed; TAO will return or destroy your Confidential Information upon written request; and provisions that by their nature should survive (including confidentiality, IP ownership, indemnification, and limitation of liability) will survive termination.

9. Warranties and Disclaimers

TAO warrants that it will perform services in a professional and workmanlike manner consistent with industry standards.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, TAO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TAO DOES NOT WARRANT THAT ITS SERVICES WILL PRODUCE ANY PARTICULAR BUSINESS OUTCOME, INCREASE IN INVESTOR INTEREST, SHARE PRICE, OR MEDIA COVERAGE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAO AGENCY, ITS OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES, EVEN IF TAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TAO's total aggregate liability to you for any claims arising under or related to these Terms or any engagement will not exceed the total fees paid by you to TAO in the three (3) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless TAO Agency and its officers, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

Your breach of these Terms or any applicable SOW
Your violation of any applicable law or regulation, including securities laws
Any claim that materials you provided to TAO infringe the rights of a third party
Any content you publish or distribute that was created with TAO's assistance

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or your engagement with TAO that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be conducted in Las Vegas, Nevada. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including to protect intellectual property or confidential information.

You waive any right to participate in a class action lawsuit or class-wide arbitration against TAO.

13. Acceptable Use

You agree not to use our website or services to:

Violate any applicable law or regulation
Produce or distribute content that is fraudulent, misleading, or designed to manipulate securities markets
Infringe the intellectual property or privacy rights of any third party
Transmit malware, spam, or other harmful code
Attempt to gain unauthorized access to TAO's systems or data
Reverse engineer, copy, or create derivative works from TAO's proprietary technology or workflows

14. Modifications to These Terms

TAO reserves the right to update these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this document and, where appropriate, notify active clients by email. Your continued use of our services after any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically.

15. Miscellaneous

Entire agreement:

These Terms, together with any applicable SOW or service agreement, constitute the entire agreement between you and TAO with respect to the subject matter herein and supersede all prior negotiations, representations, or agreements.

Severability:

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver:

TAO's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment:

You may not assign your rights or obligations under these Terms without TAO's prior written consent. TAO may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force majeure:

Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, government actions, or widespread technology failures.

16. Contact

For questions about these Terms, please contact us at:

TAO Agency

Website: theartof.agency

Email: legal@theartof.agency