Terms of Service

1. Who we are and what these terms cover

Cerise Agency (“Cerise,” “we,” “us,” “our”) is a business name of Silk Creative Labs LLC, dba Cerise Agency, a California limited liability company, Los Angeles, CA. Our only contact address is hello@ceriseagency.com.

These terms cover our website at ceriseagency.com, the free report, and every service we sell. They apply to you when you request a report, accept an order form, pay for a service, or use one. These pages are part of the agreement and are read together with these terms:

• The Services Agreement and Order Form for the plan you chose.
• The Pricing, Cancellation and Refunds page.
• The How We Handle Reviews page.
• The Privacy Policy.

If an order form and these terms say different things about the same point, the order form wins for that plan. If we agree to something extra in writing (email counts), that is part of the agreement too.

2. Definitions

A few words carry a set meaning in these terms.

• “You” or “Owner” means the business that buys a service, and the person who accepts these terms for it.
• “Shop” means the business location the service is for. One plan covers one location unless the order form says otherwise.
• “Services” means the free report and the plans in Schedules A, B and C, together with anything extra we agree to in writing.
• “Plan” means one of the paid services: the Review Kickstart, Reviews This Month, Your Google listing, or Social media, done for you.
• “Order Form” means the Services Agreement and Order Form you accept before paying, which names the plan, the price and the start date.
• “Platforms” means Google (including Google Search, Google Maps and Google Business Profile) and Meta (including Facebook and Instagram). We do not control them.
• “Your Content” means everything you give us or let us take from your accounts: photos, videos, your logo, your business details, your prices, your words, and the content already on your Google listing and social pages.
• “Our Materials” means our templates, checklists, scripts, report formats, card layouts, software, methods and know-how, and this website.
• “Deliverables” means the things we make for your Shop under a plan: the card design files, the text template, replies, posts, captions and reports.
• “Business day” means Monday to Friday, Pacific time, excluding United States federal holidays.
• “In writing” includes email and text messages.

3. Who can buy

Our services are for businesses. To buy one you must be at least 18 years old and have the authority to sign up on behalf of the Shop, for example as its owner, a partner, an officer or a manager the owner has authorized. By accepting an order form or paying, you confirm this is true. If you are accepting for a company, “you” includes that company.

We work with shops in Los Angeles and nearby, where we can visit in person. We may decline any request, and we may decline to work with a shop whose business we cannot serve honestly or lawfully.

4. The free report

The one-page report is free and comes with no obligation. Here is what it is and is not.

• Where it comes from. We build it from information that is public on Google Maps: business names, categories, ratings, review counts and review dates. We collect that information through a third-party data provider.
• Nearby shops are named. The report lists nearby businesses by the names they show publicly on Google, next to yours, with their public counts. We do not add opinions about them. The report is a count, not a judgment of anyone’s work.
• It is a snapshot. The numbers are what the public data showed on the date and time printed on the report. Google changes, and data providers miss things. The report may contain errors or gaps. We correct any error you point out.
• It is for you. The report is for your own use in running your Shop. Please do not publish it, post it, or use it in your advertising. It is not a certification and must not be presented as one.
• No obligation. Asking for a report does not commit you to anything, and it does not put you on a marketing list. We may follow up once about the report and once to ask whether you want a call. If you say no, we stop.

5. The services and their schedules

We sell three services. Each is described in a schedule at the end of these terms, with what is included, what is not, what you do, what needs your OK, and how long things take:

• Schedule A: Reviews. The 30-day Review Kickstart, then the optional Reviews This Month plan.
• Schedule B: Your Google listing, run for you. Alone, or together with Reviews This Month.
• Schedule C: Social media, done for you. Instagram and Facebook, photo posts only.

We do not sell advertising management or websites. If you ask, we will tell you plainly whether you need them and, if so, that you should get them elsewhere.

We do the work with care and skill, in the order and on the timelines in the schedules. Timelines are our working commitments. Where a timeline depends on something from you (access, photos, an approval) the clock pauses until we have it. Where it depends on a Platform, section 17 applies.

6. Fees, billing and taxes

• Prices. Current prices are on the Pricing, Cancellation and Refunds page and on your order form. All prices are in US dollars.
• How you pay. You pay through a Stripe payment link we send you. Stripe, Inc. processes the payment. We never see or store your full card number. Stripe’s own terms and privacy policy apply to the payment page.
• The Kickstart is paid once, up front, before work starts.
• Monthly plans are billed in advance at the start of each monthly period, to the card you saved with Stripe, and renew each month until you cancel. Your first monthly period starts on the start date on your order form or, if none, on the day of the first monthly payment.
• Receipts. Stripe emails a receipt for every payment. Our receipts and invoices say that Google Business Profile is a free service from Google and that you pay us for our work, not for the listing.
• Taxes. Prices do not include any sales, use or similar tax. If a tax applies to a service we sell you, we add it to the charge and say so. Each of us is responsible for our own income taxes.
• Failed payments. If a monthly payment fails, Stripe retries it and we email you. If a payment is still unpaid 10 days after it was due, we may pause the work until it is paid. If it is still unpaid 30 days after it was due, we may end the plan under section 23, and the end-of-service steps in section 9 apply. We do not charge late fees.
• Printing and other costs. The Kickstart includes the design of your cards, not the printing. You print them yourself (about $15 to $25 at a print shop) or ask us to order them at cost, paid by you before we order. We do not buy advertising, software or anything else on your behalf without your written OK on the amount.
• Refunds are given only as the Pricing, Cancellation and Refunds page says.

7. When monthly plans start

No monthly plan starts on its own. A plan starts only when you say yes.

• Reviews This Month. Near the end of your 30-day Kickstart, when you have your before-and-after report, we ask once whether you want to keep going. The plan starts only if you say yes, in writing or by paying the monthly payment link. If you say nothing, nothing is charged and the Kickstart simply ends.
• Your Google listing and Social media, done for you start when you accept the order form for that plan and make the first monthly payment.
• Paying a monthly payment link counts as your yes for that plan and as your acceptance of the order form and these terms.

8. Price changes

We may change our prices for new clients at any time. For a plan you are already on, we give you at least 30 days’ notice by email before a price change takes effect, and you can cancel before it does. If you stay, the new price applies from the first monthly period after the notice period.

Founding rate. If your order form shows a founding rate, we will not raise it while your plan stays active. If you cancel and come back later, the price for new clients at that time applies.

9. Cancellation and what happens at the end

How to cancel

Text us, or email hello@ceriseagency.com, and say you want to cancel. There is no form, no call and no fee. We confirm in writing within one business day. If we have given you a Stripe billing link for your plan, you can also cancel there, online, at any time.

Cancellation takes effect at the end of the monthly period you have already paid for. You keep the service until then and are not charged again. We do not prorate a partly used month, except as the refunds page says.

What happens when a plan ends, for any reason

• We remove ourselves as a Manager on your Google Business Profile and as a partner or collaborator on your Facebook Page and Instagram account within seven business days of the end date, or within seven business days of your written request at any earlier time. We aim to do it on the last paid day.
• We send a final report covering the last period we worked.
• We delete nothing. Your reviews, our replies, your photos, your posts and your listing details stay where they are. You can edit or delete any reply or post yourself.
• Posts not yet published are taken off the schedule. We send you the approved drafts and captions so you can use them if you like.
• Your Deliverables stay yours under section 11: the card files, the text template, the reports and the posts we made for you.
• Your Content that we hold is kept for up to 12 months after the end and then deleted, or deleted sooner if you ask, as the Privacy Policy describes.

10. Access to your accounts

To do the work we need limited access to your accounts on the Platforms. These rules apply to all of it.

• Never a password. We never ask for, accept or store a password to any of your accounts. If you send us one, we will tell you to change it.
• You stay in charge. You keep ownership of your Google Business Profile and remain the admin of your Facebook Page, your Business Portfolio and your Instagram account at all times. You choose our access level and can reduce or remove it whenever you like, without telling us first.
• Google Business Profile. You add our Google account as a Manager, never as Primary owner or Owner. A Manager can reply to reviews, edit business information, and add posts and photos, but cannot add or remove people or delete the profile. We use the access only for the work in your schedule and for anything else you ask for in writing.
• Meta (Facebook and Instagram). For the social media plan, you give our Business Portfolio partner access to your Facebook Page and connected Instagram account through Meta Business Suite, limited to the content tasks the plan needs, or you add us as a collaborator on the Page. We do not log in as you, and we do not use a shared Instagram login, which Meta’s terms forbid.
• Scheduling tools. We may connect your pages to a scheduling tool through the partner access you gave us, so posts can go out at set times. You can disconnect it at any time from your Meta settings.
• What we will not do with the access. We will not delete reviews, photos, posts or your profile; change ownership or admin roles; change your business name, address, phone number or category without your written OK; read or reply to private customer messages unless your plan or a written instruction includes it; or use your accounts for anything but your Shop.
• If you remove our access early, we cannot do the parts of the work that need it. Your plan continues until you cancel, and we tell you which work is on hold.

11. What belongs to whom

Yours

• Your Content is yours. You give us a limited, non-exclusive, royalty-free license to copy, edit, crop, caption and post Your Content on your own accounts and in your Deliverables, only to provide the Services, only while the Services run. We may keep copies as the Privacy Policy describes.
• Your Google Business Profile, your social accounts, your customers’ reviews and their comments are not ours and never become ours. Reviews belong to the people who wrote them, under the Platform’s terms.
• The Deliverables are yours. When we deliver a card design, a text template, a reply, a post, a caption or a report for your Shop, and it is paid for, we assign to you all rights we have in it, and you may use, copy, print, edit and keep it for your Shop for as long as you like, including after you leave. The one exception is Our Materials inside them (see below), which you may keep using as part of those Deliverables but may not extract and resell.
• Card designs may carry a small Cerise mark. You may keep it or remove it.

Ours

• Our Materials stay ours: the templates, the asking routine, the scripts, the report format and layout, the checklists, the software and the methods behind the work. You may use them as part of your Deliverables. You may not copy them to build a competing service or give them to a company that does.
• Our name, wordmark and website are ours.
• Fonts and stock elements inside Deliverables are used under their own licenses, which allow your ordinary business use.

Using your name

We do not name your Shop, show your results, or use your logo in our own marketing without your written OK, which you can withdraw at any time for future use.

12. Your promises about your content

We post on your accounts in your name, so the content has to be yours to give and true. You promise that:

• You have the rights. Every photo, video, logo and piece of text you give us is yours, or you have permission from whoever owns it to use it this way. You do not send us photos taken from the internet, from other businesses, or from your customers’ own social pages without their permission.
• People in the pictures agreed. Anyone who can be recognized in a photo or video you give us (staff, customers, clients, models) has agreed to appear in your marketing. For before-and-after photos of a client, you have that client’s written permission. You do not send us photos of children without a parent’s or guardian’s permission.
• Your claims are true. Prices, services, hours, licenses, qualifications, awards, results and offers you ask us to publish are accurate and can be backed up. You do not ask us to publish claims about health, medical or cosmetic results that your own rules do not allow.
• Your business is lawful and licensed. You hold the licenses your trade requires, and you are responsible for the advertising rules that apply to your trade (for example, rules for medical spas, cosmetology, contractors and auto repair).
• Your information is accurate. The business details you give us for your Google listing (name, address, hours, category, services) are true and match the real world, as Google’s guidelines require. You tell us when they change.

If you are not sure about any of these, tell us and we will leave that item out. We may decline to publish anything we believe breaks these promises, the law or a Platform’s rules, and we will tell you why.

13. What we will not do, even if asked

The full list is on How We Handle Reviews. In short, we will not, and you agree not to ask us to:

• Write, buy, sell, trade or post reviews, or arrange for staff, family, friends or anyone paid to post them.
• Offer money, discounts, gifts, entries, points or anything else for a review, even one that could say anything.
• “Gate” reviews: ask only the customers you expect to be happy, or steer unhappy customers away from Google.
• Threaten, pressure, pay or make false reports to get a review changed or removed.
• Hide or bury real reviews, or claim the reviews shown are all of them when they are not.
• Buy followers, likes, views, comments or any other fake sign of popularity, or use engagement bait.
• Publish claims that are false, misleading, or that your trade’s rules or the law do not allow.
• Do anything that breaks Google’s or Meta’s policies, the FTC’s rule on consumer reviews (16 CFR Part 465), or texting laws (the TCPA and the FCC’s rules).

If you ask, we say no and explain why. If it keeps happening, we may end the agreement under section 23 without a refund of fees already paid.

14. Texting your customers

Part of the Reviews service is a short text template you can send to customers after a visit. This is how texting works between us:

• You send the texts. You send them from your own phone or from your own booking or messaging app, to your own customers. Cerise never texts your customers, never holds their numbers, and never sends messages on your behalf.
• Consent is yours to get. Text only customers who gave you their number in the course of doing business with you and would expect to hear from you. Do not add numbers from other sources. If a customer tells you to stop, in any reasonable way, stop and do not text them again.
• The law is yours to follow. Texting is regulated by the Telephone Consumer Protection Act, the FCC’s rules under it, and California law. Because you send the texts, you are responsible for following those rules, and section 21 applies if a claim about your texts is made against us.
• Our template is a plain, one-time, non-marketing message with a link to your Google review page and a way to stop. Do not add offers or incentives to it (section 13).
• Texts from us to you are about your service and your request, as the Privacy Policy describes. Reply STOP to any text from us and we stop.

15. How we use AI tools

We use AI writing tools to help draft replies to reviews, post captions, question-and-answer entries and parts of your reports. Here is what that means and does not mean:

• A person at Cerise reads and edits every draft before it is sent to you or posted. Nothing goes out unread.
• Your approvals under the schedules still apply. AI does not change who decides.
• We never use AI, or anything else, to write reviews, comments posing as customers, or fake engagement.
• We do not generate images of your Shop or your work and present them as real. Photos of your work are your photos.
• We use these tools with model training on our data switched off, so what we send them is not used to train the provider’s models. We do not send your customers’ private details to them.
• If you would rather we not use AI tools on your account, tell us in writing and we will draft by hand. Turnaround times may then be longer.

16. No guarantee of results

Your customers decide whether to write a review and what to say. Google decides which reviews it shows, which it removes, and how it ranks businesses in Search and Maps. Meta decides who sees a post. None of that is in our control. So:

We do not guarantee any number of reviews, any star rating, any position or visibility in Google Search or Google Maps, any reach, follows or engagement on social media, or any amount of calls, direction requests, website clicks, bookings, customers or revenue. Examples on our website and in our reports are examples, not promises. Past results for one shop do not predict another’s.

What we do promise is to do the work in your schedule, on time, honestly, and to tell you plainly what we see.

17. Google, Meta and things outside our control

The Platforms own their products and change them at will. They can add or remove features, change policies, filter or remove reviews and posts, restrict or suspend a profile, page or account, and change how anything ranks. We are not responsible for a Platform’s decisions, outages or changes. Here is what we will do when they happen:

• Tell you. If we notice a suspension, restriction, removal or outage that affects your accounts, we tell you within one business day.
• Help you appeal. We help you prepare and file an appeal or reinstatement request through the Platform’s own process, using your information. We cannot file it in your name without your OK, and the Platform decides the outcome and the timing.
• Adapt. If a feature we rely on changes, we do the closest equivalent work. If a feature goes away entirely, we tell you what we can and cannot do and adjust the plan with you.
• Pause billing when we cannot work. If a suspension or outage on a Platform stops us from doing the core work of a plan for more than 14 days in a row, we pause that plan and its billing until the work can resume, and you may cancel at any time. This does not apply if the suspension was caused by a breach of section 12 or 13 on your side, or by something you did on the account.

Never share your Google or Meta login with anyone who says they are from Google, Meta or Cerise. We will never ask.

18. Confidentiality

Each of us will keep the other’s confidential information private and use it only for this agreement. For you, that includes your business numbers, your customer information, your plans and anything marked or obviously private. For us, that includes Our Materials, our prices for other clients, and our methods. Neither of us will share it with anyone except people who need it to do the work and who are bound to keep it private (our service providers are listed in the Privacy Policy).

This does not cover information that is public, that the receiving side already had, or that the law requires to be disclosed. It lasts for three years after the agreement ends, and for as long as the law protects it for personal information and trade secrets.

We may work with other shops in your area, including shops in your trade. We keep each client’s confidential information separate, and we never use one client’s private information to help another.

19. Warranty disclaimer

We promise to do the work with reasonable care and skill and as described in these terms and your schedule. Beyond that, to the fullest extent the law allows, the Services and Deliverables are provided “as is,” and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty about results, rankings, reviews or revenue. Nothing in this section limits a right the law says cannot be limited.

20. Limits on liability

To the fullest extent the law allows:

• No indirect damages. Neither of us is liable to the other for lost profits, lost revenue, lost business, lost data, or any indirect, incidental, special, exemplary or consequential damages, however they arise, even if told they were possible.
• The cap. Our total liability to you for everything arising out of or connected with this agreement or the Services, in contract, tort or otherwise, is limited to the total fees you paid us in the three months before the event that gave rise to the claim. If you paid nothing in that period (for example, you only received the free report), our total liability is $100.
• What the cap does not cover. These limits do not apply to fraud or willful misconduct, to gross negligence, to a breach of section 18 (Confidentiality), to either side’s indemnity duties in section 21 for claims by third parties, to death or personal injury caused by negligence, or to anything else the law does not allow to be limited (including under California Civil Code section 1668).

The prices we charge reflect these limits. Without them we could not offer the Services at these prices.

21. Indemnity, both ways

An indemnity is a promise to cover the other side’s costs when someone outside the agreement makes a claim. Ours is mutual and sized for a small business.

You cover us

You will defend us and pay the reasonable costs, damages and legal fees we incur from a claim by someone else that arises from: (a) Your Content, including a claim that a photo, a person’s likeness or a statement you gave us infringes or violates someone’s rights; (b) texts or calls you or your staff sent to customers; (c) your goods, services, prices, licenses or business practices, including claims by your customers; or (d) your breach of section 12 or 13.

We cover you

We will defend you and pay the reasonable costs, damages and legal fees you incur from a claim by someone else that arises from: (a) Our Materials infringing someone’s intellectual property rights, other than because of Your Content or your instructions; (b) our breach of the review rules in section 13 or of How We Handle Reviews; or (c) our gross negligence or willful misconduct.

How it works

The side asking for cover tells the other in writing promptly after learning of the claim, gives reasonable help, and lets the covering side control the defense and any settlement. The covering side will not settle in a way that admits fault for the other side or requires them to pay anything without their written OK. Either side may join with its own lawyer at its own cost.

22. Independent contractor

We are an independent contractor, not your employee, partner, agent or joint venturer, and you are not ours. Neither of us can sign for the other or bind the other to anything. We choose how, when and with whom we do the work, within the schedules. Nothing here makes us exclusive to you or you to us.

23. Term and ending the agreement

• This agreement starts when you accept an order form or pay for a service, and it lasts as long as you have an active plan, plus the end-of-service steps in section 9.
• You may end it at any time under section 9.
• We may end a plan with 30 days’ written notice for any reason. If we do, we refund any fees you paid for time after the end date.
• Either of us may end it for breach. If the other side breaks a material part of this agreement and does not fix it within 10 days of a written notice describing the problem, the side that gave notice may end the agreement.
• We may end it at once, without a cure period, if you ask us to break section 13 after we have said no, if you give us content that breaks section 12 in a way that exposes us or others to harm, if a payment is 30 days overdue, or if we reasonably believe continuing would break the law or a Platform’s rules.
• Survival. Sections 4, 11, 12, 13, 16, 18, 19, 20, 21, 22, 28 and 29, and any payment you still owe, survive the end of the agreement.

24. Events outside our control

Neither of us is responsible for a delay or failure caused by something outside our reasonable control: a Platform outage or policy change, an internet or power failure, a natural disaster, fire, flood, earthquake, epidemic, strike, war, civil unrest, or an act of government. The side affected tells the other promptly and does what it reasonably can to catch up. If the event stops the core work of a plan for more than 30 days, either side may end that plan, and we refund any fees paid for time after the end.

25. Notices

Formal notices under this agreement are sent by email. We send them to the email address on your order form or the latest one you gave us. You send them to hello@ceriseagency.com. A notice counts as received on the business day it is sent, or the next business day if sent after 5:00 PM Pacific or on a weekend or holiday. Everyday matters (approvals, cancellations, questions) can be handled by text or email, as the schedules say.

26. Assignment

Neither of us may transfer this agreement to someone else without the other’s written OK, except that we may transfer it to a company that buys or takes over the Cerise business, and you may transfer it to a buyer of your Shop. In either case the side transferring tells the other in writing, and the other side may cancel under section 9 if they prefer not to continue with the new party.

27. Changes to these terms

We may update these terms. The date at the top shows the latest version. If you are a current client and a change is material to you, we email you at least 30 days before it takes effect. If you do not agree, cancel before that date and the old terms apply until you leave. Continuing to use the Services after the date means you accept the change. The version you accepted on your order form applies to any dispute that arose before a change took effect.

28. Governing law, venue and how we resolve disputes

• Talk first. If either of us has a problem, we tell the other in writing with the details. We then both try in good faith to sort it out for 30 days before starting any legal action. This step does not stop either side from acting sooner to protect confidential information or intellectual property, or if a deadline under the law would otherwise pass.
• Law. California law governs this agreement and any dispute about it, without regard to conflict-of-law rules.
• Courts. Any legal action is brought in the state or federal courts located in Los Angeles County, California, and each of us agrees to those courts’ jurisdiction.
• Small claims. Either of us may bring a qualifying claim in small claims court in Los Angeles County instead.
• No arbitration. This agreement has no arbitration clause and no class-action waiver. Neither of us gives up the right to a court.
• Legal fees. Each side pays its own legal fees and costs, except where a statute or the indemnity in section 21 says otherwise.

29. The rest

• Entire agreement. These terms, your order form, and the pages listed in section 1 are the whole agreement between us about the Services. They replace any earlier discussion, proposal or draft. Anything on our website that is not in these pages is description, not a promise, unless it is repeated in your schedule or order form.
• Severability. If a court finds any part of these terms unenforceable, that part is limited or removed to the minimum extent needed, and the rest stays in force.
• No waiver. If either of us does not enforce a term once, we can still enforce it later. A waiver counts only if it is in writing and signed by the side giving it.
• Electronic acceptance. Accepting an order form by email, text, checkbox or by paying counts as a signature under the federal E-SIGN Act and California’s Uniform Electronic Transactions Act.
• Headings and plain words. Headings and the summary box are there to help you read. If the summary and a section disagree, the section applies. “Including” means “including without limitation.”
• Third parties. Nobody except you and us has rights under this agreement. Google and Meta are not parties to it.

30. Trademarks and no affiliation

Cerise is not affiliated with, endorsed by, sponsored by or certified by Google or Meta. Being a Manager on your Google Business Profile or a partner on your Facebook Page is a role you give us; it is not a relationship with Google or Meta. Google, Google Maps and Google Business Profile are trademarks of Google LLC. Facebook, Instagram and Meta are trademarks of Meta Platforms, Inc. We use these names only to describe where the work happens.

Questions about these terms: hello@ceriseagency.com. Silk Creative Labs LLC, dba Cerise Agency, a California limited liability company, Los Angeles, CA.