Terms and Acceptance

1. Terms and Conditions

  • By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Mentally Balanced Media and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
  • This Site is controlled and operated by First Class Living International LLC dba Mentally Balanced Media from its offices within the United States. Mentally Balanced Media makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.

2. IP Ownership / Use license

  • The material provided on this Site is protected by law, including, without limitation, United States Copyright law. The copyright in all material provided on this Site is held by Mentally Balanced Media. Except as expressly permitted by Mentally Balanced Media, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written permission of Mentally Balanced Media or the copyright owner.
  • Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
  • You may not:
    1. Modify or copy the materials
    2. Use the materials for any commercial purpose or for any public display (commercial or non-commercial)
    3. Attempt to decompile or reverse engineer any software or process contained on Mentally Balanced Media’s website
    4. Remove any copyright or other proprietary notations from the materials
    5. Transfer the materials to another person or “mirror” the materials on any other server
  • This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Mentally Balanced Media at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Mentally Balanced Media reserves the right to terminate your account at anytime for any reason.
  • The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Mentally Balanced Media’s proprietary rights in them.

3. Disclaimer

The materials on Mentally Balanced Media’s website are provided “as is.” Mentally Balanced Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mentally Balanced Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Mentally Balanced Media or its suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Mentally Balanced Media’s internet site, even if Mentally Balanced Media or a Mentally Balanced Media authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall the total liability of Mentally Balanced Media under this agreement exceed fifty dollars ($50), regardless of the cause of action, in tort, contract, or otherwise.

5. Revisions and data errata

  • The materials appearing on Mentally Balanced Media’s website could include technical, typographical, or photographic errors. Mentally Balanced Media does not warrant that any of the materials on its website are accurate, complete, or current.
  • Mentally Balanced Media may make changes to the materials contained on its website at any time without notice. Mentally Balanced Media does not, however, make any commitment to update the materials.

6. Links

Mentally Balanced Media has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Mentally Balanced Media of the site. Use of any such linked website is at the user’s own risk.

7. Site terms of use modifications

Mentally Balanced Media may revise these terms of use for the Site at any time without notice. By using the Site, you agree to be bound by the current version of these Terms and Conditions of Use.

8. Governing law

Any claim relating to Mentally Balanced Media’s website shall be governed by the laws of the State of Texas and New Mexico without regard to its conflict of law provisions.

9. Feedback

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Mentally Balanced Media or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Mentally Balanced Media will be handled in accordance with Mentally Balanced Media’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under the law.

10. Fees, refunds, and the no-risk guarantee

  • You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Mentally Balanced Media to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Mentally Balanced Media to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Mentally Balanced Media through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Mentally Balanced Media that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
  • For plans at or above $999/ mo, you will need to sign an agreement that a 90-day notice must be given for cancellation; upon submitting your 90-day cancellation, you will continue to be charged for the remainder of that notice. For plans under $999/ mo, you may cancel your subscription anytime. Upon cancellation, you will continue to have access to the Mentally Balanced Media services through the end of your paid billing term. Mentally Balanced Media may change its fees from time to time by posting the changes on the Site, but with no advance notice required for temporary promotions or reductions in fees.
  • We offer a 14-day guarantee for monthly plans (not annuals) and do not allow refunds after the 14th day of your subscription.
  • All Content Curation and Elite fees are retainer-based. You, the client, are responsible for providing links to content and direction for our team to assess and repurpose. If the content is not provided the Content Curator will find content that they deem relevant to be repurposed and curate it. These repurposed assets will count toward your weekly Content Curation tickets and will not qualify for refunds or make-up tickets.
  • If the curator cannot find content to repurpose that is relevant to your brand and messaging and they are unable to receive links to content from you they will not curate any tickets until direction and content are supplied. Since Content Curation is a retainer fee, you will not receive a refund or make-up tickets in place of curation that was not able to occur due to a lack of content supplied by you, the client.
  • You, the client are responsible for using Mentally Balanced Media after payment and lack of use will not result in refunds or credit of any kind.

11. Canceling A Plan At $1,999/ mo+

For plans at or above $999/ mo, you will need to sign an agreement that a 90-day notice must be given for cancellation; upon submitting your 90-day cancellation, you will continue to be charged for the remainder of that notice.

12. Annual Plans

  • Once the payment goes through for an annual plan, there are no refunds available (our 14-day guarantee is for monthly plans only).
  • If a plan is canceled before 1 year, our team will continue to do work for you until the end of the billing cycle (that full year) but cannot give partial credit or refunds.
  • These plans are annually recurring (meaning at the end of the billing cycle you will automatically be charged again for year 2 at the annual rate during renewal).

13. Ownership, trademarks & provided assets

  • You own all final videos, graphics, and files we create during any month paid in full. We do not provide any working files such as .prproj or .psd files. You will provide all content/copy to be used for our assets under your Audience Architect, Influencer Incubator, and Revenue Rainmaker. You agree that any materials provided to are proofed and approved to be used in your assets and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our assets. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Mentally Balanced Media that all materials provided do not infringe on the intellectual property rights of third parties.
  • Under the Audience Architect solutions, Mentally Balanced Media will be responsible for curating short clips up to two minutes in the content you provide, headlines for video memes and audiograms, text for image quotes, and thumbnail direction. You will have an onboarding meeting with a representative of Mentally Balanced Media to guide the direction in which your content will be curated. Your content curator will use their best expertise and judgment to curate your content based on information and insight given on this call.
  • Under the Influencer Incubator and Revenue Rainmaker, Mentally Balanced Media will be responsible for creating social media copy for the selected social media platforms chosen to be managed. Mentally Balanced Media will also be responsible for scheduling posts on your behalf. All legalities and permissions expressed by the social media platforms chosen to be posted will apply. You will have an onboarding meeting with a representative of Mentally Balanced Media to guide the direction in which your social media copy will be created. Your content curator will use their best expertise and judgment to create your copy based on the information and insight given on this call.
  • The client will always have the opportunity to revise any social copy or schedule for any platform with 3 business days’ notice.
  • Mentally Balanced Media does not guarantee any performance for any platform that they are responsible for posting to. Mentally Balanced Media will abide by industry best practices and be approved by the client.
  • Subscriptions to stock photography or media are under a specific use license. Managed stock photography or assets (provided by Getty Images or other services) are licensed to be used in the specific graphic files created by Mentally Balanced Media from a client request. Individual photos or assets will not be provided.
  • You agree to indemnify, defend, and hold harmless Mentally Balanced Media and its affiliates, officers, members, managers, agents, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

14. Non-abuse

  • If we find that you are not in alignment with our model, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account.
  • Your right to use the Mentally Balanced Media services shall terminate upon your breach of any term of this Agreement.

15. Output files

While we do our best to minimize any mistakes, due to the nature of creative design and video editing, we cannot guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Mentally Balanced Media is not responsible or liable for any losses or expenses incurred from errors or omissions.

16. Sample work

By default, you agree to provide Mentally Balanced Media with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing at info@mentallybalancedmedia.com.

17. Confidentiality

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our privacy policy.

18. Work and delivery output

The output of your assets is determined by the plan you signed up for as outlined below.

  • YOU REPURPOSE + YOU POST
    • Campaign Process:
      • Content Submission: Each submitted video is treated as a campaign.
      • Turnaround Time: Approximately 5 business days for campaign completion.
      • Review and Approval: Assets transferred to the client for review.
      • Revisions: Completed within 3 business days upon request.
      • Final Delivery: Final assets returned to the client.
  • WE REPURPOSE + YOU POST
    • Campaign Process:
      • Content Curation: Each video submission undergoes our curation process.
      • Turnaround Time: Approximately 5 business days for campaign completion.
      • Review and Approval: Assets transferred for client review.
      • Revisions: Completed within 3 business days if needed.
      • Final Delivery: Curated assets returned to the client.
  • WE CURATE + WE POST
    • Campaign Process:
      • Content Curation and Posting: Each video is curated and posted as a campaign.
      • Turnaround Time: Approximately 5 business days for campaign completion.
      • Review and Approval: Assets sent for client review.
      • Revisions: Completed within 3 business days upon request.
      • Final Posting: Assets posted on behalf of the client.

19. All Plans

  • Mentally Balanced Media is a retainer service. If you don’t provide content or schedule onboarding, work cannot be done but billing will continue.
  • After your onboarding is complete, templates finalized & first content piece ready for review, it will take 10 calendar days for a post to go live on your social media.
  • There is a 3-business day approval period for social media copy & assets. After that window, posts will be automatically scheduled and only able to be canceled, but not modified.
  • We cannot delete published social media posts.
  • We do not offer social media maintenance and cannot reply to comments, manage inbox, etc.
  • We will only schedule posts created through Mentally Balanced Media.
  • We need content 4 weeks in advance in order to publish it to your social on time.

20. Template Sets

  • Each plan comes with 3 template sets for setup. You are always able to purchase additional template sets to be used with your subscriptions and there is no cap on the amount you can purchase.
  • While we can do our best to accommodate specific needs and modifications to the template set, the assets included must be in line with the nature of the seven original assets provided by default.
  • Each template set will include the following:
    • Square Video Meme or Audiogram: 1080px x 1080px with captions on the video for video or audio submissions by default.
    • Vertical Video Meme or Audiogram: 1080px x 1920px with captions on the video for video or audio submissions by default.
    • Landscape Video Meme or Audiogram: 1920px x 1080px with no captions on the video for video or audio submissions by default. You will be supplied with the caption file to upload to YouTube or you can request captions on the video file if preferred.
    • Square Image Quote: up to 25 words max.
    • Vertical Image Quote: up to 25 words max.Landscape Image Quote: up to 25 words max.Square ThumbnailVertical ThumbnaiLandscape YouTube Thumbnail

21. Pricing 

Pricing is subject to change at any time and without notice. This applies to new and existing clients.

22. Submissions

  • Each submission may only be used for one piece of repurposed content for up to 60 minutes or 3,500 words. You may only submit one video, audio file, or text file per ticket to be repurposed. Content that exceeds the limit can 1) be broken up into multiple submissions or 2) may incur an extra fee.
  • Each submission will ask for specific information to be provided, such as the content location for download, in and out timecodes to trim the content, header copy, image quote copy, thumbnail details, and more. Mentally Balanced Media reserves the right to make adjustments to the ticketing form without notice and all fields requested will be required to be filled for a ticket to be added to the queue.

23. Third-Party Services

Mentally Balanced Media uses multiple third-party services and platforms to help manage our processes. Please see each company’s terms and conditions as they all apply to the Mentally Balanced Media service. The list of companies utilized may change at any time without notice:

  • Go High Level
  • Google Drive
  • Monday
  • Airtable
  • Ocoya
  • Feedhive

24. Digital Millenium Copyright Act (DMCA)

In the event materials are made available to this Site by third parties, not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:
Mentally Balanced Media
info@mentallybalancedmedia.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

25. We Are A Retainer Service

  • We are unable to make up any tickets you do not submit. That’s because Mentally Balanced Media is a retainer service! This means if you don’t submit content for us to repurpose, we are unable to repurpose your content.
  • You are also paired with one dedicated Content Repurposing Specialist on our team, meaning they have a certain number of hours to work on one client each day.
  • A great way to avoid missing any submissions is to batch submit. This means you can submit as many requests to us at once as you like, and we will return them based on the plan’s speed you sign up for. For instance, if you sign up with our Influencer plan, we will deliver 1 submission back to you per business day.

26. Review the knowledge base

Finally, you agree that you’ve reviewed and understood the content within our knowledge base outlining details on how our service works and its scope of service.