These Terms of Service ("Terms") govern your access to and use of the website listed in Section 1 (the "Site") and any subscription box growth, marketing, acquisition, retention, and related services provided by the company identified in Section 1 ("Company," "we," "us," or "our") (collectively, the "Services").
By accessing the Site, submitting a form, scheduling a call, enrolling in a program, or otherwise engaging with the Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.
1. Company Information
Company Name: Altura Co
Website: https://alturaco.us/
Address: 2785 Lahontan Way, Dublin, California 94568, United States of America
Email: [email protected]
Phone: (858) 346-5235
Governing State: California
Jurisdiction City: Dublin
2. Eligibility
The Services are intended for individuals and business entities who are at least 18 years old and have the legal authority to enter into binding agreements on behalf of themselves or their company.
By using the Services, you represent and warrant that:
•You have the legal capacity to enter into these Terms; and
•If acting on behalf of a business entity, you have the authority to bind that entity to these Terms.
3. Services Provided
We provide subscription box growth agency services, which may include, as applicable:
•Subscriber acquisition strategy and paid advertising campaign management (Meta, TikTok, and related platforms)
•Email and SMS retention automation including welcome flows, dunning sequences, cancel-save flows, and win-back campaigns
•Landing page and conversion funnel design and optimization
•Subscriber journey audits and growth system diagnostics
•Referral program strategy and implementation
•Monthly performance reporting and ongoing campaign optimization
•Strategic consulting related to subscription commerce growth
We may modify, update, or discontinue aspects of the Services from time to time. Material changes affecting active clients will be communicated in a reasonable manner.
4. Onboarding, Communication, and Conduct
4.1 Onboarding
Engagements begin following execution of a service agreement and receipt of any required onboarding materials, platform access, and initial payment. You are responsible for providing accurate business information and maintaining access to the platforms required for service delivery.
4.2 Communication
You are responsible for maintaining timely communication and providing feedback, approvals, and materials necessary for us to perform the Services. Delays caused by failure to respond or provide required materials do not extend deadlines or reduce payment obligations.
4.3 Client Conduct
Clients are expected to engage respectfully and in good faith. We reserve the right to pause or terminate Services if conduct materially interferes with service delivery, violates applicable law, or creates a hostile working environment. Fees remain due for Services already delivered.
5. Fees, Billing, and Payment
5.1 Fees
Fees are disclosed at the time of engagement under one of the following structures:
•Option A — Performance Only: No upfront fee. The Company earns a revenue share on subscribers acquired through tracked channels as specified in the service agreement.
•Option B — Retainer Plus Revenue Share: A monthly retainer fee plus a revenue share on subscribers acquired through tracked channels as specified in the service agreement.
All fees are quoted in U.S. dollars unless stated otherwise in writing. Client is responsible for all advertising platform spend separately from agency fees.
5.2 Payment Timing
Retainer payments are due in advance at the start of each billing period unless otherwise agreed in writing. Revenue share payments are due within 15 days of the end of each calendar month based on verified subscriber data for that period.
5.3 Revenue Share Attribution
Revenue share is calculated solely on subscribers acquired through tracking mechanisms established by the Company, including dedicated landing pages, unique discount codes, and UTM-tagged links. Attribution methodology is specified in the service agreement and agreed upon prior to commencement of Services.
5.4 No Refunds
Except where required by law or explicitly agreed in writing, all retainer payments are non-refundable, including partially completed billing periods. Revenue share payments, once verified and remitted, are final.
5.5 Late Payments
Late or failed payments may result in suspension of Services until the account is brought current. We reserve the right to charge interest on overdue amounts at the maximum rate permitted by applicable law.
5.6 Chargebacks
Initiating a chargeback without first attempting to resolve the issue with us may result in immediate suspension of Services. We reserve the right to pursue recovery of amounts owed plus reasonable collection costs to the extent permitted by law.
6. Cancellations and Termination
6.1 Minimum Commitment
All engagements carry a minimum commitment period as specified in the service agreement, typically six months. Early termination prior to the minimum commitment period may result in a termination fee as specified in the service agreement.
6.2 Client Termination
Clients wishing to terminate Services must provide written notice of at least 30 days prior to the end of a billing period. Termination does not relieve payment obligations for Services already delivered, revenue share owed on previously acquired subscribers, or any applicable termination fees.
6.3 Company Termination
We may suspend or terminate Services immediately upon material breach of these Terms, non-payment, or conduct that materially interferes with service delivery. In the event of Company-initiated termination without cause, we will provide 30 days written notice.
6.4 Buyout
Where specified in the service agreement, clients on a revenue share arrangement may elect to purchase a clean exit from the revenue share obligation at a rate specified in the service agreement, typically calculated as a multiple of the average monthly revenue share earned over the preceding three months.
7. Performance Guarantee
Where a performance guarantee is specified in the service agreement, the Company commits to generating a minimum number of tracked new subscribers within a defined period. If the guarantee threshold is not met, the client's obligation to pay additional retainer fees is paused until the threshold is achieved, as specified in the service agreement.
The performance guarantee is contingent upon:
•The client maintaining a proven, deliverable product with active fulfillment operations;
•The client funding advertising spend at or above the minimum level specified in the service agreement;
•The client providing timely access to required platforms, creative assets, and approvals;
•The client maintaining operational standards as specified in the service agreement.
The guarantee does not apply where performance is materially affected by factors outside the Company's reasonable control, including platform policy changes, advertising account suspensions caused by client content, or client operational failures.
7A. Technology and Third-Party Platform Disclaimer
Service delivery depends in part on third-party platforms including Meta, TikTok, Klaviyo, Shopify, Recharge, and other software tools outside our control. We are not responsible for service interruptions, algorithm changes, policy updates, account suspensions, or failures caused by third-party platforms not reasonably within our control.
Reasonable efforts will be made to adapt strategies and mitigate the impact of third-party platform changes where appropriate.
8. Client Obligations
To enable effective delivery of the Services, the client agrees to:
•Provide timely access to required advertising accounts, email platforms, subscription management platforms, and website systems;
•Maintain operational standards including on-time fulfillment, product quality, and active customer service as specified in the service agreement;
•Fund advertising spend at or above the minimum level specified in the service agreement;
•Provide accurate subscriber and revenue data necessary for revenue share calculations;
•Respond to requests for approvals, feedback, and materials within a reasonable timeframe;
•Notify the Company promptly of any material changes to the business that may affect service delivery or subscriber data.
9. Acceptable Use of the Site
You agree not to:
•Use the Site or Services for unlawful purposes;
•Attempt to interfere with Site functionality or security;
•Copy, scrape, reproduce, or distribute Site content beyond personal, non-commercial use;
•Introduce malware or attempt unauthorized access.
We may suspend or terminate Site access for violations of these Terms.
10. Intellectual Property
All Site content and service materials — including strategies, frameworks, templates, campaign structures, email sequences, landing page designs, and proprietary methodologies — are owned by the Company or its licensors and protected by intellectual property laws.
Materials developed specifically for a client engagement become the property of the client upon full payment of all amounts owed, except for proprietary frameworks, methodologies, and tools that remain the exclusive property of the Company regardless of payment.
You may not reproduce, distribute, sell, sublicense, or create derivative works from Company-owned materials without prior written consent.
11. Confidentiality
Both parties agree to keep confidential any non-public information disclosed in connection with the Services, including business strategies, subscriber data, financial information, and proprietary systems. This obligation survives termination of the engagement for a period of two years.
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
11A. Text Message Communications (SMS)
By submitting your phone number through our Site, forms, or other opt-in methods, you consent to receive informational and transactional text messages from Altura Co, which may include scheduling reminders, campaign updates, service-related notifications, and promotional offers related to our Services. Consent is obtained specifically for the purpose of communicating about the Services offered by the Company.
Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. You may opt out at any time by replying STOP. For assistance, reply HELP or contact us at [email protected]. Consent to receive text messages is not a condition of purchase.
12. Privacy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms and available at https://alturaco.us/
13. Disclaimer of Warranties
To the fullest extent permitted by law, the Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of Liability
To the fullest extent permitted by law:
•We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost subscribers, or lost business opportunities;
•Our total liability for any claim related to the Services shall not exceed the amounts paid to us in the three (3) months preceding the event giving rise to the claim.
Some jurisdictions limit liability restrictions; in such cases, limitations apply to the maximum extent permitted by law.
15. Indemnification
You agree to indemnify and hold harmless the Company from claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services, violation of these Terms, violation of applicable laws or third-party rights, or any content or data you provide in connection with the Services.
16. Termination
We may suspend or terminate Services for material breach, non-payment, or conduct that materially interferes with service delivery. Termination does not relieve payment obligations for Services already delivered or amounts owed under the revenue share arrangement for previously acquired subscribers.
17. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Before initiating legal action, both parties agree to attempt good-faith informal resolution for a period of at least 30 days. If unresolved, claims shall be brought in a court of competent jurisdiction located in Dublin, California, unless applicable law requires otherwise.
18. Changes to These Terms
We may update these Terms periodically. The "Last Updated" date reflects revisions. Continued use of the Site or Services after the effective date of updated Terms constitutes acceptance of those updated Terms. We will make reasonable efforts to notify active clients of material changes.
19. Miscellaneous
Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
No Waiver: Failure to enforce any provision of these Terms is not a waiver of the right to enforce it in the future.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure: Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, government actions, or third-party platform outages.