Terms of Service

PO Box 283, Wappingers Falls, NY 12590

support@utterflymultimedia.com

Updated on May 6th, 2025: Effective immediately, our TOS reflects new carrier rules (T-Mobile) and clarifies how usage‑based costs are handled.

Terms of Use

Effective Date: September 29, 2025

Welcome to our website https://www.utterflymultimedia.com/ (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Utterfly Multimedia LLC (the “Company,” “us,” “we,” or “our”).

This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, communications, and services provided by or through the Website (collectively, the “Services”).

Acceptance of This Agreement

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent.

If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

User Communications & Messaging (SMS / Voice / Email)

The Company may use SMS text messaging, voice calls (including AI-assisted or automated calls where permitted by law), email, and web chat communications to send:

  • Consultation and discovery call confirmations
  • Appointment and meeting reminders
  • Proposals, scope of work, and estimate communications
  • Project status updates
  • Customer service responses
  • Marketing messages (only when explicit consent is provided)
  • Opt-in and opt-out confirmations

Messaging Consent & Opt-Out

By opting in to receive messages from Utterfly Multimedia LLC, you agree to receive transactional and informational messages related to marketing consultations, proposals, project updates, and agency promotions.

You may cancel the SMS service at any time by texting “STOP” to the number from which you received messages. After sending “STOP,” you will receive a confirmation message and no further messages will be sent.

To re-subscribe, you may opt in again through our website or other authorized methods.

If you experience issues with the messaging program, text “HELP” or contact us directly using the contact details at the end of this Agreement.

  • Message and data rates may apply
  • Message frequency varies
  • Wireless carriers are not liable for delayed or undelivered messages
For privacy-related inquiries, please refer to our Privacy Policy.

Eligibility Requirements to Use the Services

To use the Website or Services, you must:

  • Be at least 18 years old
  • Be a resident of the United States
  • Not be a direct competitor or using the Services for competitive scraping, reverse-engineering, or unlawful purposes
By accessing or using the Services, you represent and warrant that you meet these requirements and have the authority to enter into this Agreement.

Changes to This Agreement

The Company reserves the right to modify this Agreement at its sole discretion. Except where required for legal or administrative reasons, reasonable notice will be provided when material changes are made.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Agreement. You are encouraged to review this page periodically.

Access to the Services

Changes to the Services

The Services may change over time as the Company improves, updates, or modifies features. The Company reserves the right to modify or discontinue the Services at any time without notice and shall not be liable for unavailability.

Creating an Account (If Applicable)

Some Services or client portals may require account registration. You agree to provide accurate, current, and complete information and to update such information as needed.

If you connect via a third-party service, you grant permission for access as allowed by that service.

Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. The Company is not responsible for losses arising from unauthorized access caused by your failure to safeguard credentials.

Termination or Deletion of an Account

The Company reserves the right to suspend or terminate accounts at any time, with or without notice, for violation of this Agreement or misuse of the Services.

Policy for Using the Services

Prohibited Uses

You agree to use the Services only for lawful purposes and not in a way that damages, disrupts, or interferes with the Company’s operations or systems.

Prohibited Activities Include:

  • Violating local, state, or federal laws or regulations
  • Sending spam or unauthorized commercial communications
  • Impersonating another person or entity
  • Uploading viruses, malicious software, or destructive code
  • Attempting unauthorized access to system infrastructure or client portals
  • Disrupting or interfering with the integrity or performance of the Services

Geographic Restrictions

The Company is based in the United States, and the Services are intended primarily for use within the United States. Users accessing the Services from other locations do so at their own risk and are responsible for compliance with local laws.

Intellectual Property Rights

All content, branding, trademarks, logos, copy, designs, graphics, and materials on the Website are the property of Utterfly Multimedia LLC or its licensors and are protected by applicable copyright, trademark, and intellectual property laws.

No rights or rights to use branding elements are granted except as expressly stated in this Agreement or separate client service agreements.

Termination

The Company may terminate or restrict your access to the Services at any time, without notice, for any reason, including violation of this Agreement.

Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Company makes no warranties of any kind, express or implied, regarding performance, availability, or suitability for any specific purpose.

Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of or inability to use the Services.

Indemnification

You agree to indemnify and hold harmless Utterfly Multimedia LLC, its owners, officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, or expenses arising from your violation of this Agreement or misuse of the Services.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in the State of New York, in accordance with the rules of the American Arbitration Association.

Miscellaneous

Waiver

Failure by the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

This Agreement, along with our Privacy Policy, constitutes the entire agreement between you and Utterfly Multimedia LLC regarding the use of the Website and Services.

Contact Information

For questions regarding these Terms of Use, please contact:

Utterfly Multimedia LLC

99 Ardmore Drive

Wappingers Falls, New York 12590

Email: gary@utterflymultimedia.com

Phone: +1 360 639 8626

© 2026 Utterfly Multimedia LLC