Pogona Creative

Terms of Use

Pogona Creative
Website: https://pogonacreative.com
Effective date: October 19, 2026
Last updated: October 19, 2026

These Terms of Use (“Terms”) govern your access to and use of the Pogona Creative website and related public pages (the “Site”), operated by David May doing business as Pogona Creative (“Pogona,” “we,” “us,” or “our”).

By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

These Terms cover the website and general inquiries. They are not a client services agreement. Paid or ongoing marketing work is governed by a separate written engagement (proposal, statement of work, or contract) you and Pogona actually sign. If there is a conflict between these Terms and a signed engagement, the engagement controls for that work.

This document is practical guidance for a small California practice. It is not formal legal advice from a licensed attorney.

1. Who we are / what the Site is

Pogona Creative markets fractional CMO / marketing-leadership services, primarily for mission-driven organizations. The Site describes offerings at a high level, may show soft pricing language (“custom retainer / talk about fit”), and may include a contact or waitlist form.

Availability. The Site may display a quiet notice that we are not accepting clients. That is a capacity posture, not a guarantee that we will accept anyone later, and not an offer of employment.

Contact: [email protected]

2. Eligibility

The Site is intended for adults and organizations evaluating professional marketing services. You represent that you are at least 18 years old (or the age of majority where you live) and have authority to inquire on behalf of any organization you name.

3. Acceptable use

You agree not to:

  • Use the Site in any way that violates applicable law
  • Attempt to probe, scan, or breach security, scrape the Site aggressively, or overload our infrastructure
  • Submit false, misleading, or infringing information
  • Upload malware or attempt to interfere with others’ use of the Site
  • Use the Site to spam, harass, or send unlawful commercial messages
  • Misrepresent an affiliation with Pogona or David May

We may refuse or ignore submissions and may block access that we reasonably believe violates these Terms.

4. Inquiries, waitlist, and intro process

Submitting a form or email does not create a client relationship, retainer, or obligation for either party to proceed.

Typical intro motion (which may change): short inquiry → optional org-specific plan (for example in Notion) → optional free consult (~25 minutes). We may decline follow-up for any reason, including fit, capacity, or the “not accepting clients” posture.

Optional budget fields are for screening only; they are not a quote. Public Site language about pricing is intentionally soft unless we expressly publish rates. Proposal-level figures shared privately are estimates until confirmed in a signed engagement.

5. No professional or outcome guarantees

Site content is for general information. It is not legal, accounting, investment, medical, or other regulated professional advice.

Marketing outcomes depend on many factors outside our control. Nothing on the Site guarantees rankings, revenue, fundraising results, enrollment, engagement metrics, or similar outcomes.

6. Human + AI assistance

Pogona may use artificial intelligence tools to assist research, drafts, variants, and production under human direction. Public-facing client work is intended to be human-verified before it goes out under a client brand, as described on the Site.

Site content. Portions of the Site (including blog posts) may have been drafted or assisted with AI and edited by a human. Unless a separate engagement says otherwise, Site content is provided “as is” for information and thought leadership, not as a playbook you may rely on without your own judgment and counsel.

You should not treat blog opinions (including commentary on copyright, AI, or industry practices) as Pogona’s formal legal advice or as advice for your organization.

7. Intellectual property

The Site’s design, text, graphics, logos, and other materials are owned by Pogona Creative / David May or used under license, and are protected by intellectual property laws.

You may view and temporarily store pages for personal or internal organizational evaluation of our services. You may not copy, scrape for commercial reuse, republish, or create derivative works from Site content without prior written permission, except for brief quotation with attribution for commentary or review, or as allowed by fair use / fair dealing.

Trademarks. “Pogona Creative” and related marks are ours. Third-party names and logos on the Site (if any) belong to their owners and do not imply endorsement unless stated.

User submissions. If you send ideas, feedback, or inquiry materials, you grant us a non-exclusive right to use them to respond and to operate our practice. Do not send confidential client data belonging to others unless you have the right to share it. Portfolio / case materials about your organization will only be published with appropriate permission under a separate understanding.

The Site may embed or link to third-party services (for example Google Forms, Notion plans we share, LinkedIn, or hosting providers). Those services have their own terms and privacy policies. We are not responsible for third-party sites or for outages of embedded forms.

9. Privacy

Our collection and use of personal information through the Site is described in our Privacy Policy. By using the Site, you acknowledge that notice.

10. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POGONA CREATIVE AND DAVID MAY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID US (IF ANY) SOLELY TO ACCESS THE SITE IN THE TWELVE MONTHS BEFORE THE CLAIM—WHICHEVER IS GREATER. THIS LIMIT DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER CALIFORNIA LAW.

Client work. Liability for paid services is governed by the signed engagement, not this website liability cap.

12. Indemnity

You agree to defend and indemnify Pogona Creative and David May against claims arising from your misuse of the Site, your violation of these Terms, or content you submit, to the extent permitted by law.

13. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Exclusive venue for disputes arising from the Site or these Terms is the state or federal courts located in Los Angeles County, California, unless a mandatory consumer venue rule requires otherwise. You consent to personal jurisdiction there.

14. Changes

We may update these Terms by posting a revised version on the Site with a new “Last updated” date. Continued use after posting means you accept the revised Terms. If you do not agree, stop using the Site.

15. Miscellaneous

If a provision is unenforceable, the rest remains in effect. These Terms are the entire agreement between you and us regarding the Site (not regarding paid services). Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a transfer of the practice.

16. Contact

Questions about these Terms: [email protected]

Let’s talk