Terms of Service

Last updated: February 4, 2026

Welcome to Nephesh Media LLC ("Nephesh Media," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website nepheshmedia.com (the "Site"), our services, courses, and talent platform. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Eligibility

You must be at least 18 years of age to use our Site and services. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Services

Nephesh Media provides creative marketing and public relations services, including but not limited to:

3. Accounts

Some features of the Site require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Unleashed UGC Course

4.1 Enrollment and Access

By enrolling in the Unleashed UGC course, you receive lifetime access to the course materials as they exist at the time of purchase and any future updates we may provide. Access is granted to a single individual and may not be shared, transferred, or resold.

4.2 Course Pricing

The course is offered at the price displayed at the time of purchase. Prices are subject to change without notice, but changes will not affect existing enrollments.

4.3 Refund Policy

Due to the digital nature of the course content, all sales are final. We do not offer refunds once course access has been granted. If you experience technical issues preventing access to the course, please contact us at info@nepheshmedia.com and we will work to resolve the issue.

In exceptional circumstances (e.g., duplicate charges, billing errors), refunds will be processed within 14 business days.

4.4 Earnings Disclaimer

IMPORTANT: The Unleashed UGC course provides educational content about user-generated content creation and marketing. We make no guarantees regarding income, earnings, or business results. Any income or earnings statements, or examples, are only estimates of what may be possible. There is no assurance that you will achieve similar results. Your results will depend on many factors, including but not limited to your experience, skills, work ethic, market conditions, and business model.

Any testimonials or success stories shared on the Site or in the course are individual results and are not guaranteed. They should not be considered as typical or average results.

5. Talent Roster

5.1 Application

By submitting a talent application, you grant Nephesh Media permission to review your submitted information, including photos, for talent consideration. Submission of an application does not guarantee acceptance to the roster. Nephesh Media reserves the right to accept, deny, or revoke roster membership at any time, for any reason, at its sole discretion, without obligation to provide an explanation.

5.2 Independent Contractor Status

Talent on the Nephesh Media roster are independent contractors, NOT employees, agents, partners, or joint venturers of Nephesh Media LLC. Nothing in these Terms creates or is intended to create an employment, agency, partnership, or joint venture relationship between you and Nephesh Media. As an independent contractor:

5.3 Nephesh Media Is Not a Talent Agency

Nephesh Media LLC is a creative marketing company that operates a curated talent roster as a service. Nephesh Media is NOT a licensed talent agency, talent manager, casting agency, or employment agency. We do not procure, promise, or guarantee employment or paid work for any talent. Any introductions, referrals, or connections to brands, clients, or third parties are made on a non-binding, informational basis only. Nephesh Media does not negotiate contracts on your behalf and does not collect commissions or fees from talent earnings unless separately agreed to in a written agreement.

5.4 No Guaranteed Work or Compensation

Placement on the Nephesh Media talent roster does not constitute a promise, guarantee, or commitment of any kind regarding:

Any earnings, opportunities, or results arising from your presence on the roster are not guaranteed and will depend on factors outside of Nephesh Media's control, including but not limited to brand budgets, campaign requirements, market conditions, and your own skills, availability, and responsiveness.

5.5 Approved Talent Obligations

If accepted to the roster, you agree that:

5.6 Photo, Likeness, and Content Usage

By uploading photos, videos, or any other content ("Talent Content") to your talent application or profile, you grant Nephesh Media a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, modify, and publicly perform your Talent Content, name, likeness, image, and voice across all media and platforms (including but not limited to the Site, social media, pitch decks, presentations, and print materials) solely for the following purposes:

This license does not grant Nephesh Media the right to sell your Talent Content or license it for use by third parties for their own independent commercial purposes without your separate written consent. In accordance with Florida Statute § 540.08, this license is limited to the promotional purposes described above.

Duration: This license remains in effect for the duration of your roster membership and for a period of twelve (12) months following your removal or departure from the roster (the "Wind-Down Period"), to allow for removal from active materials. After the Wind-Down Period, Nephesh Media will cease new use of your Talent Content, though we cannot guarantee removal from third-party platforms, cached pages, archived versions, or materials already distributed to brand partners prior to your departure. You may request earlier removal by contacting us; we will make commercially reasonable efforts to comply within 30 days.

5.7 Talent Representations and Warranties

By joining the talent roster, you represent and warrant that:

5.8 Brand and Client Interactions

Nephesh Media is not a party to any agreement, contract, or arrangement between talent and any brand, client, or third party. Any collaboration, contract, or business relationship you enter into with a brand or client — whether introduced through Nephesh Media or otherwise — is solely between you and that brand or client. Nephesh Media:

You are strongly encouraged to independently verify all brands and clients, negotiate your own terms, review all contracts with your own legal counsel, and obtain appropriate insurance before performing any work.

5.9 Assumption of Risk

By joining the talent roster and participating in any collaborations, campaigns, productions, or events — whether introduced through Nephesh Media or otherwise — you acknowledge and voluntarily assume all risks associated with such activities, including but not limited to:

5.10 Talent Indemnification

You agree to indemnify, defend, and hold harmless Nephesh Media LLC, its owners, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising out of or related to:

5.11 Limitation of Liability for Talent

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEPHESH MEDIA LLC SHALL NOT BE LIABLE TO ANY TALENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, INCOME, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

IN NO EVENT SHALL NEPHESH MEDIA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE TALENT ROSTER EXCEED ZERO DOLLARS ($0.00), REFLECTING THE FACT THAT ROSTER PLACEMENT IS PROVIDED AT NO COST TO TALENT. Nothing in this section shall be construed to limit liability for fraud, willful misconduct, or any liability that cannot be excluded or limited under applicable Florida law.

5.12 Release of Claims

By joining the talent roster, you hereby release, waive, and forever discharge Nephesh Media LLC, its owners, officers, directors, employees, contractors, agents, successors, and assigns from any and all claims, demands, causes of action, damages, losses, and liabilities arising out of or related to your participation on the talent roster, specifically including but not limited to:

This release does not apply to claims arising from Nephesh Media's fraud or willful misconduct, or any claims that cannot be released under applicable Florida law.

5.13 Non-Exclusivity

Your placement on the Nephesh Media roster is non-exclusive. You are free to join other talent rosters, agencies, or platforms, and to seek work independently. Likewise, Nephesh Media is free to accept other talent to the roster, recommend competitors, and work with any brands, clients, or talent at its sole discretion.

5.14 Confidentiality

In the course of your participation on the roster, you may receive confidential information regarding Nephesh Media's clients, campaigns, strategies, rates, business operations, or brand partner identities ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly available through no fault of yours; (b) was already known to you prior to disclosure; or (c) is independently developed by you without use of Confidential Information.

You agree not to disclose, share, or use any Confidential Information for any purpose other than fulfilling a specific collaboration approved by Nephesh Media. This obligation survives your removal from the roster for a period of two (2) years.

5.15 Termination and Removal

Either party may terminate the talent roster relationship at any time, for any reason, with or without cause, by providing written notice (email is sufficient). Nephesh Media reserves the right to immediately remove any talent from the roster without notice if, in its sole judgment, the talent has engaged in conduct that is unprofessional, harmful to the Nephesh Media brand, or in violation of these Terms. Upon termination:

5.16 Non-Disparagement

You agree not to make any public statements, whether written or oral, including on social media, that are intended to or reasonably likely to disparage, defame, or damage the reputation of Nephesh Media LLC, its owners, employees, clients, or brand partners. This provision does not restrict your ability to provide truthful testimony if compelled by law or to file legitimate legal claims.

5.17 Social Media and Professional Conduct

While on the roster, you acknowledge that your public conduct and social media activity may reflect on Nephesh Media. You agree not to engage in public conduct or post content that is unlawful, discriminatory, harassing, threatening, fraudulent, or that could reasonably damage the reputation of Nephesh Media or its brand partners. Nephesh Media reserves the right to remove talent from the roster if, in its sole judgment, a talent's public conduct or social media activity is materially harmful to the Nephesh Media brand.

5.18 Insurance

Nephesh Media does not provide liability insurance, health insurance, or any other form of insurance coverage for roster talent. You are solely responsible for obtaining any insurance you deem necessary or appropriate, including but not limited to general liability insurance, professional liability insurance, and health insurance. Nephesh Media strongly recommends that all talent maintain adequate liability insurance coverage before participating in any content creation, shoots, events, or other professional activities.

5.19 Force Majeure

Nephesh Media shall not be liable for any failure or delay in performing its obligations related to the talent roster caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, platform downtime, or acts of third parties.

5.20 Electronic Acceptance

You acknowledge and agree that by checking the consent boxes on the talent application form and submitting your application electronically, you are providing your electronic signature and consent to these Terms, which is legally binding and enforceable to the same extent as a handwritten signature, in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Florida Uniform Electronic Transaction Act (F.S. § 668.50).

6. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, videos, course materials, and software, is the property of Nephesh Media LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Site without our express written permission.

7. User Conduct

When using the Site, you agree not to:

8. Third-Party Services

The Site may integrate with or link to third-party services, including payment processors (Stripe, PayPal), social media platforms, and scheduling tools (Calendly). We are not responsible for the content, privacy policies, or practices of third-party services. Your use of those services is governed by their respective terms and policies.

9. Payments and Billing

All payments are processed securely through Stripe or PayPal. By making a purchase, you agree to the payment terms presented at checkout. All prices are in US Dollars (USD) unless otherwise stated. You are responsible for any applicable taxes.

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEPHESH MEDIA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nephesh Media LLC, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

13.2 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator selected in accordance with AAA procedures. The seat of arbitration shall be Miami-Dade County, Florida. The arbitration may be conducted in person, by telephone, by videoconference, or based on written submissions, as determined by the arbitrator.

13.3 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND NEPHESH MEDIA LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

13.4 Class Action Waiver

ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

13.5 Small Claims Exception

Notwithstanding Section 13.2, either party may bring an individual action in the small claims court of Miami-Dade County, Florida, for disputes within that court's jurisdictional limits.

13.6 Injunctive Relief

Nothing in this Section 13 shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction in Miami-Dade County, Florida, for the purpose of preventing actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

13.7 Arbitration Costs

Each party shall bear its own attorneys' fees and costs in arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party. AAA filing and administrative fees shall be allocated in accordance with AAA rules.

13.8 Limitation on Claims

Any claim arising out of or related to these Terms must be filed within one (1) year after the cause of action accrues. Claims filed after this period are permanently barred.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. The updated version will be indicated by the "Last updated" date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Nephesh Media LLC with respect to the subject matter hereof. These Terms supersede all prior or contemporaneous communications, proposals, understandings, and agreements, whether oral or written, between you and Nephesh Media LLC regarding such subject matter. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Nephesh Media LLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Contact Us

If you have questions about these Terms, please contact us: