// legal

Terms of Service

Last updated: April 27, 2026

1. Who these terms are with

These terms govern your use of Cadence, operated by Cobus & Co. LLC (1603 Capitol Ave Ste 413) — referred to here as "Cadence", "we", or "us". By signing up, paying for a tier, or otherwise using the service, you agree to these terms.

2. The service

Cadence provides Klaviyo email marketing services for Shopify stores: flow design, template build, popup deployment, segment provisioning, and ongoing campaign support according to the tier you purchase. Specific deliverables per tier are listed on the pricing page at time of purchase.

3. Payment

Setup fees are billed in full upfront. Recurring management is billed monthly in advance. All amounts are in USD unless stated otherwise. Payment via wire (ACH or SWIFT) to the account listed on your invoice. Late payments accrue 1.5% interest per month from the due date.

4. Refunds — all sales final

All payments to Cadence are non-refundable. This applies to setup fees, monthly management fees, addons, and any custom work. Once payment is received we begin work immediately — design, brand extraction, and template build start within 24 hours.

No prorated refunds for cancellation mid-month. No refunds for unused months on prepaid plans. No refunds if you decide the service isn't for you after starting. No chargebacks — initiating a chargeback after work has begun is a breach of these terms and we will dispute it with full delivery records.

You can cancel future renewals at any time. Cancellation prevents the next billing cycle but does not refund the current one. See our Refund Policy for the long-form version.

5. Klaviyo access

You authorise Cadence to access your Klaviyo account via the API key you provide. We use it only to push templates, segments, lists, and draft campaigns on your behalf — never to send mail without your explicit confirmation. You can revoke access at any time by rotating the API key in Klaviyo.

6. Your responsibilities

You own the Shopify store and the Klaviyo account we're working with.
You hold all rights to logos, copy, product imagery and brand assets you provide.
You comply with applicable email marketing law (CAN-SPAM, GDPR, CASL).
You review every campaign and flow before sending. Cadencestages drafts; the final "send" click is yours.

7. Deliverables and timelines

We commit to the timelines listed on your tier (5–14 days typical). Delays caused by missing information from your side (logo files, brand intake, Klaviyo API key) pause the clock. We will not be held to a deadline you blocked.

8. IP

You own all flows, templates, popups, and segments built for your account in Klaviyo — they live in your Klaviyo, not ours, and stay yours after you cancel. We retain ownership of underlying frameworks, code, and components used to build them.

9. Liability

Cadence is not liable for revenue losses, deliverability issues caused by factors outside our control (Klaviyo outages, ESP reputation issues, recipient spam-flagging), or any indirect or consequential damages. Maximum aggregate liability is capped at the amount you paid us in the 90 days preceding the claim.

10. Termination

Either side can terminate with 30 days notice. We may terminate immediately for non-payment, abuse, or breach of these terms. On termination, you retain everything already built in your Klaviyo. We retain no obligation to continue work after termination.

11. Changes

We may update these terms; material changes apply to new orders only. Continued use of the service after a posted change means you accept the revised version.

12. Governing law

These terms are governed by the laws of the State of Wyoming, USA. Any dispute is subject to the exclusive jurisdiction of the courts of Wyoming.

13. Contact

Cobus & Co. LLC · 1603 Capitol Ave Ste 413.
hi@cadancemarketing.com