Who we are
Fruition Creative is operated by Fruit Up with Bobby Smith LLC. We provide creative and marketing support for creators, personal brands and small businesses. Our public website is www.fruitioncreativeco.com.
For a new project, use our request form. For billing, cancellation or privacy support, use that form or email bobby@fruitioncreativeco.com. Describe the type of request and include your project or invoice reference if you have one. Do not include passwords, card numbers, Social Security numbers or private medical/legal records.
Inquiries, proposals and purchased work
Sending an inquiry does not reserve capacity, purchase a service, create a recurring subscription or authorize a charge. We first confirm the fit, scope, timing and price. A paid engagement requires an accepted service order and the agreed initial payment. A person accepting on behalf of a business must have authority to do so.
The service order identifies the deliverables, quantities, formats, channels, schedule, review process, fees and exclusions. It incorporates the agreed version of our client services agreement and any specifically accepted policies. Website descriptions do not add deliverables that are absent from the order. Any expressly agreed project-specific variation must identify the provision it changes; mandatory legal rights continue to apply.
Prices, invoices and recurring payments
Our monthly creative packages start at $795 per month for a defined scope. That starting price does not mean unlimited work or include a website, app or every service we offer. Custom projects receive an itemized quote. Prices are in US dollars; applicable taxes and approved additional costs are disclosed before payment.
The order states the exact service period, payment milestones and due dates. An advance is applied to the project price and reconciled against performed work; the word “deposit” does not make it automatically nonrefundable. We do not begin added work or incur additional client charges without the required written approval.
Service periods do not renew automatically by default. Any recurring plan must separately state the recurring amount or calculation, billing frequency, renewal date and cancellation method and receive your express authorization before recurring charges begin. Agreeing to a project, saving a payment method or paying an invoice does not alone authorize later automatic charges.
Client materials and timing
Clients provide the source materials, accurate facts, brand assets, account permissions, third-party rights and authorized approver listed in the order. Clients identify regulated claims and obtain any required professional review. We will also flag apparent rights or accuracy problems that we encounter.
Work starts after the agreement, required payment, inputs and permissions are in place. Dates depend on the agreed scope and timely inputs. If an issue affects the schedule, we explain it and agree on the next steps. A late response never counts as approval, and we do not silently add charges for a delay.
Revisions, approval and publication
The signed service order specifies the included revision rounds and review stages for your project. Correcting our failure to meet an agreed specification does not use up a revision round.
A new direction, added feature, replacement source material, extra format or change after approval may require a written change order with a new price and schedule. You can accept or decline it before we begin the added work.
Content publication requires affirmative approval of the exact finished asset, caption, cover, destination and agreed publication details. Where a script is used, the script and finished output receive separate review. Website/app acceptance is measured against the agreed specifications and tests, followed by an explicit launch decision. Silence, a payment or a general positive reaction is not approval to publish.
What each service includes
Video, podcasts and graphics. The order sets source-footage limits, quantities, lengths, formats, languages and final files. Filming, additional versions, paid music/stock and raw/editable files are included only when listed. We cannot promise to restore unusable source material to a quality it cannot support.
Brand work. The order specifies concepts, revisions, variants, formats and guidelines. Brand design does not itself include a trademark search, registration or a guarantee that a proposed name or design can be registered. Fonts, stock and other licensed components retain their applicable restrictions.
Websites, apps and automations. The order identifies pages/features, user roles, supported environments, data, integrations, acceptance tests and handoff materials. A prototype demonstrates an idea; a production launch requires the separately agreed operational setup and checks. Hosting, domains, email, app-store charges, API usage, backups, monitoring, support, security updates and future features are included only as stated in the order. The order assigns responsibility for ongoing operation after handoff. Third-party platform changes, outages and approval decisions can affect the service. No promise of uninterrupted operation, invulnerability or regulatory certification is made merely by delivering a site or app; this does not remove our responsibility to perform the agreed work with reasonable care or any rights the law protects.
Publishing, partnerships and events. These activities require an express scope, permitted actions and any spending limits. Clients retain ownership of their accounts. Organic posting permission does not authorize paid advertising, boosting or creator whitelisting. We do not sign agreements or accept deals on a client's behalf without specific written authority. Our creative services do not make us legal counsel or a licensed athlete agent.
Ownership, accounts and third-party materials
Clients keep their pre-existing content, trademarks and accounts. We use client materials only as needed for the agreed work and authorized handling. Access should be granted through named account roles, using the least permissions needed; ordinary forms and emails should not contain shared passwords.
The signed service order and agreement identify which custom final deliverables receive an assignment of rights after payment for those deliverables, and which components are licensed. We can transfer only rights we own and are entitled to transfer. Pre-existing agency tools, reusable templates, open-source software, fonts, music, stock assets, third-party platforms and other licensed components remain subject to their disclosed licenses. Client confidential material is not an agency reusable template.
Raw media, editable project files, source code, repositories, deployment configuration and working drafts are included only if specifically listed. Any promised software handoff must describe the files, dependencies, licenses, account control and delivery method. We will not imply that an exported file transfers every source file, or that AI output comes with exclusive rights we cannot establish. Paying for client work does not transfer ownership of the client's accounts to us.
Likeness, AI and portfolio use
Permission for ordinary editing does not authorize voice cloning, synthetic endorsements or avatar creation. Such work requires separate, specific written permission covering the person, provider, use, duration and limits, plus any required provider verification. We do not present fabricated statements as a real person's endorsement.
Any agreed processing of confidential client material through AI providers must identify the permitted provider/data and restrictions. Client material is not authorized for unrelated model training or unrelated reuse merely because it was supplied for a project.
Client names, logos, work samples, testimonials and results enter our public portfolio only with the separate permission covering that use. We do not invent testimonials or results. Paid or other material endorsement relationships must be disclosed appropriately.
Cancellation, delivery problems and refunds
Our cancellation and refund policy explains the request process, completed-work reconciliation and treatment of unused advance payments. Cancellation takes effect when we receive the request. We provide an itemized reconciliation and initiate any refund due for unused or unearned prepaid amounts within ten business days of receipt, with shorter statutory deadlines controlling. The accepted policy version is provided before payment. If work is delayed, incomplete or does not match the order, tell us through the same contact route so we can review the issue and arrange the correction, adjusted scope or refund that the circumstances and applicable law require.
Nothing in these terms requires you to waive a lawful payment dispute, consumer complaint or other nonwaivable right. We do not require a positive review as a condition of service or a refund.
Results and reasonable expectations
We commit to the agreed deliverables and reasonable professional care. Views, followers, search ranking, sponsorships, NIL opportunities, revenue and sales depend on factors outside any agency's control and are not guaranteed. A trustmark reflects the named provider's current verification status and is not a guarantee of all business practices or future results.
Website use, privacy and changes
Use the website for lawful inquiries and permitted access. Do not attempt to access another client's private files or disrupt the service. Visiting this website does not grant rights to reuse client work, our logos or other protected material beyond uses allowed by law or separate permission.
Our privacy notice explains the website's information handling. Linked third-party services have their own terms and privacy notices.
We date policy updates and make the current version available. Changes do not rewrite a previously accepted service order or retroactively authorize new uses of personal information. If a change requires new agreement or consent, we obtain it before applying that change.
These terms do not limit rights that cannot lawfully be limited. Any governing-law or dispute provision for a paid engagement is addressed in the signed agreement after review for the actual transaction. These public terms do not impose forced arbitration, an exclusive court venue, a chargeback waiver or a waiver of statutory remedies.