Terms of Service

11 Agency provides email and SMS retention for ecommerce brands. The work is strategy, creative, implementation, and optimization: flows, campaigns, segmentation, signup forms, and deliverability, usually inside Klaviyo and the brand's store. The public offers are an email and SMS audit, a one-off flow build-out, and full-service management billed as a monthly retainer.

Using 11.agency means you agree to these terms. A paid engagement also requires a signed agreement. If that agreement conflicts with these terms, the signed agreement wins. If you do not agree, do not use the site.

The site is not the engagement

Browsing the site, submitting the qualification form, or booking a call does not hire us and does not create a promise of results. We decide who we take on. We can decline a call or a project.

Fees

Paid work is a monthly retainer set from the scope in the signed agreement. There is no performance fee unless that agreement adds one. Click-based reporting is how we measure the work. It is not the bill.

The person signing confirms they can authorize payment for the company. 11 Agency may charge the card or debit the bank account named in the agreement for the agreed amount each month. If the scope changes and both sides agree a new fee in writing, that new amount replaces the old one.

If an invoice is past due, we can pause the work until it is paid. The term, the scope, and how either side ends the engagement are the ones in the signed agreement.

What you provide

You give us timely access to the accounts the work needs, including Klaviyo or the email platform you use and the store, plus brand assets and a person who can approve work. You confirm that you have the right to share that access and those materials. Delays on your side move the schedule.

Results

You are paying for the work described in the agreement. Specific revenue, deliverability, or return figures are not guaranteed unless the signed agreement says they are, in writing, with the condition attached. Email platforms, inboxes, ad networks, and stores change their rules. We do not control those systems.

Numbers on the website, including revenue figures and client examples, describe past work for other brands. They are not a promise of what your account will do.

Ownership

You keep your brand, your customer list, and the data in your accounts. We use that data only to do the work you hired us for. Finished deliverables made for you under the agreement are yours once the related invoices are paid. Our methods, prompts, templates, and anything we built before the engagement stay ours, and we can reuse the underlying approach with other clients. We do not claim your customers as our marketing list.

Acceptable use of the site

Do not misuse the site: no scraping that degrades it, no attempt to break access controls, and no submission of information you do not have the right to share. Case studies, videos, and designs on the site stay ours or our clients'. You may not copy them for your own agency or offer.

Mutual non-disparagement

During an engagement and after it ends, neither side will publicly attack the other, or the other side's people, including on social media. This does not stop a truthful statement in a legal proceeding or to a government authority.

Limitation of liability

The services are provided as described in the signed agreement. Except as that agreement states: 11 Agency is not liable for the services beyond the cap below, including for negligence; 11 Agency makes no warranty, express or implied, statutory or otherwise; and 11 Agency disclaims any warranty of merchantability or fitness for a particular purpose.

The most 11 Agency will pay in connection with an engagement is the fees you paid in the three months before the claim. 11 Agency is not liable for indirect, special, consequential, incidental, or exemplary damages, including lost profits, lost data, or loss of goodwill, even if we were told those damages were possible.

Force majeure

Neither side is liable for a delay caused by something outside its reasonable control, including a platform outage, a natural disaster, or a failure of the other side to provide access. Not having the money is not one of those causes.

Law

These terms are governed by the laws of the State of California, without its conflict-of-law rules. In a dispute over these terms or an engagement, the prevailing party can recover reasonable attorneys' fees and costs.

The rest of the contract

These terms, plus the signed agreement once there is one, are the whole deal. Changes have to be in writing. If one sentence is unenforceable, the rest still stands. You cannot assign your side without our written consent. We can assign ours to a successor of the business.

Contact

Questions, including a change to payment details: partner@11.agency. How we handle personal information is in the Privacy Policy.