These Terms of Service ("Terms") govern your use of ryo.agency and any services provided by RYO Agency ("RYO," "we," "us," or "our"). By using our website or engaging our services, you agree to these Terms. If you do not agree, do not use the site or our services.
Our services
RYO Agency provides email marketing services to e-commerce brands. This includes email strategy, list building through pop-ups, forms, and landing pages, email design, automated lifecycle flows such as welcome, abandoned cart, browse abandonment, post-purchase, and win-back, campaign send calendars, deliverability work such as domain authentication, list hygiene, and sending volume ramp, and reporting. We work inside your own email platform, most often Klaviyo. You keep ownership of the account, the subscriber list, and the flows we build in it. The specific services, deliverables, fees, and term for any engagement are set out in a separate written agreement, proposal, or statement of work between RYO and the client. If anything in that agreement conflicts with these Terms, that agreement controls.
No legal, financial, or tax advice
RYO Agency is a marketing agency. Nothing on this website and nothing we provide is legal, financial, tax, or regulatory advice. We can flag common email marketing requirements, but you should confirm your obligations with your own advisors.
We do not control the mailbox providers that decide where your email lands. Inbox placement, open rates, and spam folder decisions are made by providers such as Gmail, Yahoo, Microsoft, and Apple using their own systems and policies. We follow deliverability best practice, but we do not guarantee inbox placement, sender reputation, or delivery to any specific recipient.
You are responsible for the lawfulness of the products you sell, the claims you make about them, and the consent basis of the list we send to.
Consent, permission, and email law
When we send email, we send it from your account, on your behalf, as your service provider. You remain the sender of record.
You represent and warrant that:
- Every address on your list was collected with the consent required by applicable law, and you hold the right to email those people
- You did not buy, rent, scrape, or otherwise acquire the list from a third party without valid consent for your own sends
- The postal address and sender identity used in your emails are accurate and current
- Subject lines, from names, and header information are not deceptive
- Unsubscribe requests are honored promptly, and suppression lists are respected
Every campaign and flow we build includes an unsubscribe link and the sender information required by the CAN-SPAM Act. If you ask us to send in a way that breaks CAN-SPAM, applicable state law, or the terms of your email platform, we will decline, and we may pause sending or end the engagement. You are responsible for penalties arising from your list, your consent practices, or content you approve.
Results and performance guarantees
Any performance figures, benchmarks, client stories, or examples shown on this website reflect past results for particular clients under particular conditions. They are not a promise of any specific outcome. Email results depend on many factors, including your products, pricing, margins, traffic, list size and quality, offer, send approvals, and mailbox provider behavior. Except where we agree a written performance guarantee with you, we do not guarantee a specific revenue lift, list growth, open rate, click rate, or return on spend.
Where a written performance guarantee is agreed, it applies exactly as written and is governed by the qualifying conditions stated with it. Those conditions are part of the guarantee, not a footnote to it. If they are not met, the guarantee does not apply, and the ordinary fee terms in your agreement stand.
The guarantee currently offered on this site is a 40% revenue increase within 60 days, or you do not pay. It qualifies on these conditions:
- You give us access to the email platform and sign off on sends inside two working days.
- The store has at least 5,000 engaged subscribers when we start.
- Measured against the same 60 day window last year, on email attributed revenue.
The written agreement you sign controls the guarantee, including how the refund or non-payment is applied. If that agreement and this page differ, the agreement controls.
Client responsibilities
If you engage RYO, you agree to:
- Provide accurate information about your brand, products, store, and list
- Give us the access we need to your email platform and store, and keep that access active during the engagement
- Review and approve emails, offers, and creative before they send, and remain responsible for the claims and pricing in them
- Hold the rights to the trademarks, product images, copy, and other content you supply to us
- Handle subscriber and customer data in compliance with applicable privacy, consent, and consumer protection laws
- Pay fees as set out in your agreement with us
You are solely responsible for your products, your fulfillment, your customer service, and your compliance obligations as a merchant. RYO Agency does not sell your products and does not take responsibility for how your store operates.
Fees and payment
Fees, billing schedule, and payment terms are set out in your written agreement with us. Unless that agreement says otherwise, fees are due on the schedule stated there, amounts you pay directly to third-party platforms such as your email platform or apps are separate from our service fees, and late amounts may pause delivery of services. Fees already paid for work performed are non-refundable except where your agreement provides otherwise, including under an agreed performance guarantee.
Intellectual property
The website, our brand, and the content we publish on it are owned by RYO Agency and protected by intellectual property laws. You may not copy, reproduce, resell, or create derivative works from our site content without our written permission.
Ownership of deliverables, such as email designs, flows, forms, and landing pages produced for a client, is governed by that client's agreement with us. Because the work is built inside your own email platform, the flows, templates, and list stay in your account and remain yours. Unless your agreement says otherwise, RYO Agency retains ownership of its underlying methods, templates, frameworks, and tooling. Clients keep ownership of the trademarks, logos, product content, and data they supply to us, and grant us permission to use them to deliver the services.
Confidentiality
Each party may receive non-public information from the other. Both parties agree to keep that information confidential, use it only to perform under the engagement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already lawfully known, is independently developed, or must be disclosed by law.
Third-party platforms
Our services rely on third-party platforms, including email platforms such as Klaviyo, e-commerce platforms such as Shopify, hosting providers, scheduling tools, and mailbox providers. Those platforms have their own terms, pricing, and policies, and they can change them, restrict accounts, throttle sending, or reject content at their discretion. RYO Agency is not responsible for the acts, outages, policy changes, or account decisions of third-party platforms.
Acceptable use
You agree not to:
- Use the site for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to our systems or data
- Interfere with or disrupt the site, including by scraping, overloading, or introducing malicious code
- Misrepresent your identity, your business, or your authority to act for a business
- Ask us to send to a list you do not have permission to email
Term and termination
The length of any engagement and how it can be ended are set out in your written agreement with us. Either party may terminate for material breach that is not cured within a reasonable period after written notice. On termination, you remain responsible for fees for work performed through the effective date of termination. Your account, list, and the flows built in your platform remain yours. We may suspend or terminate access to the website at any time.
Disclaimers
The website and services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, secure, or error free, or that any content on it is accurate or complete.
Limitation of liability
To the fullest extent permitted by law, RYO Agency will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or lost data, even if we were advised such damages were possible. To the fullest extent permitted by law, our total liability arising out of or relating to the services or these Terms will not exceed the amount of service fees you paid to RYO Agency in the three months immediately before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Indemnification
You agree to indemnify and hold harmless RYO Agency and its officers, employees, and contractors from claims, damages, losses, and reasonable legal fees arising out of your use of the services, your products and the claims you make about them, your content and trademarks, the consent basis of your subscriber list, and your breach of these Terms.
Governing law and disputes
These Terms are governed by the laws of the State in which RYO Agency is organized, without regard to its conflict of law rules, and by applicable United States federal law. The parties will attempt in good faith to resolve any dispute informally before starting a formal proceeding. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in that State, and both parties consent to the jurisdiction of those courts.
Changes to these Terms
We may update these Terms as our services or the law changes. When we do, we will revise the effective date at the top of this page. Continued use of the website or services after an update means you accept the revised Terms. Changes do not retroactively alter a signed client agreement.
Miscellaneous
If any provision of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent. These Terms, together with any written agreement between us, are the entire agreement on this subject.
Contact us
Questions about these Terms can be sent to hello@ryo.agency.