Terms and Conditions

We are Intentionally Creative (“Company,” “we,” “us,” “our”), a company registered in New York, United States at 4465 E Genesee St. Syracuse NY 13214-2229, Syracuse, NY 13214-2229.

We operate the website https://get-creative.co/ (the “Site”), marketing services, text messaging services, and any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at hello@get-creative.co or by mail to 4465 E Genesee St. Syracuse NY 13214-2229, Syracuse, NY 13214-2229, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Intentionally Creative, concerning your access to and use of the Services.

1. Our Services

The Services provide digital marketing solutions specifically for licensed alcoholic beverage retailers. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution would be contrary to law or regulation.

Age Restriction: All Services are strictly limited to persons 21 years of age or older. By using our Services, you affirm that you are at least 21 years old.

2. Alcohol Marketing Compliance

Federal Compliance

Our Services comply with all applicable federal laws and regulations, including:

• •Federal Trade Commission (FTC) advertising standards
• •Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations (27 CFR Parts 4, 5, 7, and 14)
• •Federal Alcohol Administration Act requirements

State Compliance

Users acknowledge that alcohol marketing laws vary by state. It is the responsibility of our clients to ensure compliance with their specific state and local regulations, including but not limited to:

• •State Alcoholic Beverage Control (ABC) laws
• •Tied-house restrictions
• •Advertising placement restrictions
• •Required disclaimers and warnings

Marketing Standards

All marketing materials created through our Services will:

• •Include appropriate health warnings where required
• •Not target individuals under 21 years of age
• •Not promote excessive consumption or intoxication
• •Comply with industry self-regulatory codes (DISCUS, Beer Institute, Wine Institute)
• •Include “Drink Responsibly” messaging where appropriate

3. A2P Messaging Compliance and Consent

A2P 10DLC Registration

Our text messaging services are registered and compliant with A2P 10DLC (Application-to-Person 10-Digit Long Code) requirements through The Campaign Registry (TCR) and mobile carriers.

TCPA Compliance

All text messaging services comply with the Telephone Consumer Protection Act (TCPA), including:

• •Obtaining prior express written consent before sending marketing messages
• •Maintaining consent records for a minimum of 4 years
• •Honoring opt-out requests immediately
• •Including clear and conspicuous disclosures

SMS/MMS Terms and Conditions

Message Frequency: Message frequency varies...

SMS Disclosure:

4. Intellectual Property Rights

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services...

5. User Representations

By using the Services, you represent and warrant that:

• •You are at least 21 years of age
• •You have the legal capacity to agree to these Legal Terms
• •You are a licensed alcoholic beverage retailer or authorized representative

6. Purchases and Payment

We accept the following forms of payment:

• •ACH Bank transfer
• •Visa
• •Mastercard
• •Discover
• •PayPal

7. Refund Policy

Refunds are evaluated on a case-by-case basis...

8. Prohibited Activities

You may not use the Services to:

• •Market alcoholic beverages to persons under 21 years of age
• •Violate any federal, state, or local alcohol regulations

9. User-Generated Contributions

Any content you submit must:

• •Comply with all alcohol advertising regulations
• •Not appeal to persons under 21 years of age
• •Include required health warnings and disclaimers
• •Be truthful and not misleading
• •Not promote irresponsible consumption

10. Contribution License

You grant us the right to use submitted content in compliance with applicable advertising laws and regulations.

11. Services Management

We reserve the right to:

• •Monitor compliance with alcohol marketing regulations
• •Suspend services for non-compliance with A2P requirements
• •Report violations to appropriate regulatory authorities
• •Maintain records as required by law
• •Cooperate with regulatory investigations

12. Privacy Policy

Our Privacy Policy complies with applicable data protection laws and includes specific provisions for:

• •A2P consent management
• •Age verification data
• •Marketing preference management
• •Data retention requirements
• •CCPA/CPRA compliance for California residents

13. Term and Termination

We may terminate Services immediately for:

• •Violation of alcohol marketing laws
• •Non-compliance with A2P requirements
• •Loss of required licenses
• •Violation of carrier policies
• •Regulatory enforcement actions

14. Modifications and Interruptions

We reserve the right to modify Services to maintain compliance with changing regulations and carrier requirements.

15. Governing Law

These Legal Terms are governed by the laws of the State of New York and applicable federal laws, including FTC, TTB, and FCC regulations.

16. Dispute Resolution

Informal Negotiations

Attempts to resolve disputes informally for at least thirty (30) days before initiating formal proceedings.

Binding Arbitration

Disputes resolved through binding arbitration under AAA Commercial Arbitration Rules, except for intellectual property and regulatory compliance matters.

17. Corrections

We reserve the right to correct errors and update information to maintain regulatory compliance.

18. Disclaimer

THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” WE DO NOT GUARANTEE REGULATORY APPROVAL OF ANY MARKETING MATERIALS OR CAMPAIGNS. COMPLIANCE WITH APPLICABLE LAWS REMAINS YOUR RESPONSIBILITY.

19. Limitations of Liability

Our liability is limited to the amount paid for Services in the six (6) months prior to any claim. We are not liable for regulatory fines, penalties, or enforcement actions.

20. Indemnification

You agree to indemnify us against any claims arising from:

• •Violation of alcohol marketing regulations
• •Non-compliance with A2P requirements
• •Breach of carrier policies
• •Regulatory investigations or enforcement
• •Third-party claims related to your marketing content
• •Violations of TCPA, CAN-SPAM, or other messaging laws

21. User Data

We maintain data in compliance with:

• •A2P consent requirements (minimum 4-year retention)
• •State data protection laws
• •Industry standards for data security

22. Electronic Communications

You consent to electronic communications in compliance with E-SIGN Act requirements.

23. California Users and Residents

California residents have specific rights under CCPA/CPRA. Contact privacy@get-creative.co for privacy rights requests.

Complaint Assistance Unit of the Division of Consumer Services: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, (800) 952-5210.

24. Miscellaneous

These Legal Terms constitute the entire agreement. Severability applies to any unenforceable provisions.

25. Contact Us

For Service Inquiries: Intentionally Creative, 4465 E Genesee St. Syracuse NY 13214-2229, Syracuse, NY 13214-2229, United States. Email: hello@get-creative.co

For A2P/Messaging Compliance: Email: compliance@get-creative.co

For Privacy Matters: Email: privacy@get-creative.co

To Opt-Out of Messages: Text STOP to any message or email: optout@get-creative.co

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms.