Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and TRADDA ENTERPRISES LLC, doing business as Top Media ("Top Media", "we", "us", or "our"), governing your access to and use of our website, platform, marketing materials, and services (collectively, the "Services").

By accessing our website, submitting a form, booking a consultation, or purchasing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use our website or Services. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity.

• "Client" means any person or entity that has entered into a service agreement or engagement with us.
• "Services" means our marketing, advertising, lead generation, CRM, automation, AI, consulting, and related growth solutions for real estate professionals.
• "Platform" means the software, tools, dashboards, and systems we provide as part of the Services.
• "Content" means all text, graphics, images, video, audio, code, and other materials made available on our website or through the Services.
• "Third-Party Services" means platforms, networks, and providers not owned or controlled by us (such as advertising networks, social media platforms, and CRM providers) that we may work with to deliver the Services.

Top Media provides marketing and growth infrastructure for real estate professionals and companies, which may include: digital advertising and media buying; lead generation and conversion funnels; website and landing page development; CRM implementation and pipeline management; automated follow-up and multichannel communication systems; database reactivation campaigns; AI-powered lead engagement (including voice and chat automation); and strategy consulting and training.

The specific scope, deliverables, timelines, and fees for any engagement are defined in the applicable service agreement, statement of work, or proposal between you and us. In case of conflict between these Terms and a signed service agreement, the signed agreement will control with respect to its subject matter.

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. You represent that all information you provide to us is accurate, current, and complete, and that you will maintain and update it as necessary.

You are responsible for maintaining the confidentiality of any credentials, API keys, or access tokens provided to you in connection with the Services, and for all activity that occurs under your accounts.

All Content, including our branding, logos, designs, website, marketing materials, methodologies, playbooks, documentation, and software (excluding third-party materials and Client Materials as defined below), is the property of TRADDA ENTERPRISES LLC, d/b/a Top Media, or its licensors and is protected by intellectual property laws. No title or ownership is transferred to you under these Terms.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website and Platform solely for the purpose of receiving and using the Services in accordance with these Terms.

"Client Materials" means materials, data, logos, trademarks, and content you provide to us for use in delivering the Services. You retain ownership of Client Materials and grant us a limited license to use them solely to perform the Services. You represent that you own or have all rights necessary to provide Client Materials to us.

You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works based on our Content or Services, except as expressly permitted in writing.

You agree not to use our website, Platform, or Services:

• In violation of any applicable law, regulation, or industry rule (including real estate advertising, telemarketing, CAN-SPAM, TCPA, GDPR, and CCPA/CPRA requirements);
• To send unsolicited marketing communications or contact individuals who have opted out or whose consent you do not have;
• To generate or distribute false, misleading, deceptive, or discriminatory content, including content that violates fair housing or equal opportunity laws;
• To infringe, misappropriate, or violate the intellectual property, privacy, or other rights of any third party;
• To introduce malware, interfere with security features, or disrupt the operation of our systems or any Third-Party Services;
• To circumvent access controls, usage limits, or license restrictions; or
• To represent the Services as your own or resell them without a written agreement with us.

We may investigate and take appropriate action — including suspension or termination of access and cooperation with law enforcement — for violations of these rules.

Our Services may rely on or integrate with Third-Party Services (such as advertising networks, social media platforms, telephony providers, and CRM systems). Your use of those Third-Party Services is governed by their own terms and policies, and we are not responsible for their availability, actions, or content.

You are responsible for maintaining your own accounts, credentials, and compliance with the terms of any Third-Party Services used in your engagement. Changes made by third-party providers (including pricing, policy, API, or feature changes) may affect the Services, and we are not liable for losses arising from such changes.

Fees, payment schedules, and billing terms for the Services are specified in the applicable service agreement or invoice. Unless otherwise agreed in writing, fees are due by their due dates, are non-cancellable, and are generally non-refundable once an engagement has commenced and work has been performed.

You are responsible for all taxes associated with the Services except taxes on our income. We may suspend or terminate the Services if payment is not received when due, and late amounts may accrue interest and reasonable collection costs as permitted by law.

Successful outcomes depend on timely cooperation from you, including: providing accurate Client Materials and access credentials; approving deliverables and campaigns within agreed timeframes; ensuring your licensing and legal compliance (including real estate license requirements and advertising approvals); and using the systems as directed.

Delays in your responses, missing assets, or unresolved third-party account issues may extend timelines and affect results. We are not responsible for delays or underperformance caused by factors outside our reasonable control, including your failure to meet these responsibilities.

We are committed to delivering high-quality Services, but we do not guarantee specific outcomes. Figures, projections, case studies, and examples presented on our website or in our proposals are illustrative of possible results and do not constitute a promise, warranty, or guarantee that you will achieve similar results.

Many factors affect real estate marketing outcomes — including market conditions, property inventory, pricing, geography, competition, budget, and sales execution — and are outside our control. Any ROI estimates or performance projections are hypothetical and depend on assumptions that may prove inaccurate. You acknowledge that your results will vary.

Testimonials and case studies on our website reflect the experiences of specific clients and are not a guarantee of future performance. Results depicted are not typical for every client and were achieved under particular circumstances that may differ from yours.

Each party agrees to keep confidential all non-public information received from the other party — including business strategies, marketing data, pricing, lead data, and technical information — and to use it only for the purposes of the engagement. This obligation survives termination of the engagement and does not apply to information that is public through no breach of these obligations, independently developed, or required to be disclosed by law.

Our website may contain links to third-party websites and content for convenience. We do not control, endorse, or assume responsibility for third-party websites or their content, and accessing them is at your own risk.

OUR WEBSITE, PLATFORM, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED AVAILABILITY.

We do not warrant that the website or Platform will be error-free, secure, or continuously available, or that results will meet your expectations. You use the website, Platform, and Services at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRADDA ENTERPRISES LLC, D/B/A TOP MEDIA, OR ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability arising out of or related to these Terms or the Services shall not exceed the total fees paid by you to us during the three (3) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You agree to indemnify, defend, and hold harmless TRADDA ENTERPRISES LLC, d/b/a Top Media, and its owners, members, employees, contractors, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the website or Services in violation of these Terms or any law; (b) Client Materials or content you provide; (c) your products, services, or conduct in your business; or (d) claims that your use of Third-Party Services violates third-party rights.

These Terms apply from your first use of our website or Services and continue as long as you access or use them. Either party may terminate a service engagement as provided in the applicable service agreement.

We may suspend or restrict access to the website, Platform, or Services immediately, without notice, if we reasonably believe you have violated these Terms or applicable law, pose a security or legal risk, or fail to make timely payment. Upon termination: (a) your license to use the Platform ends; (b) sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive; and (c) we may, where legally permitted and where account data is not part of a required record set, delete data associated with your account after a reasonable retention period.

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of laws principles. You and we agree that the state and federal courts located in Sheridan County, Wyoming shall have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Services, subject to the Dispute Resolution section below.

You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

The parties shall first attempt in good faith to resolve any dispute informally through direct negotiation for at least thirty (30) days after written notice of the dispute. If the dispute is not resolved, it shall be resolved exclusively by binding arbitration administered in accordance with the rules of the American Arbitration Association, seated in Sheridan, Wyoming, before a single arbitrator. The arbitrator’s award may be entered in any court of competent jurisdiction. Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

WHERE APPLICABLE LAW DOES NOT PERVENT WAIVER OF CLASS ACTIONS, YOU AND WE AGREE THAT DISPUTES WILL BE HANDLED ON AN INDIVIDUAL BASIS AND THAT NEITHER PARTY WILL BRING OR PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

We may update these Terms from time to time. The "Last updated" date at the top of this page indicates when the current version took effect. We will post updated Terms on our website, and material changes may be communicated by other reasonable means. Your continued use of the website or Services after an update constitutes acceptance of the revised Terms.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary or, if modification is not possible, severed, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or of future enforcement.

If you have any questions about these Terms, please contact us by mail at: TRADDA ENTERPRISES LLC, d/b/a Top Media, 30 N Gould St, Ste R, Sheridan, WY 82801, United States, or through the contact form available on our website.