Terms of Service

Last updated: June 5, 2026

These Terms govern your use of the Above Average Agency website, creator application, and onboarding portal. Please read them carefully.

1. Who we are and acceptance of these Terms

This website and the application and onboarding tools available through it (together, the "Site") are operated by Kota LLC, an Alabama limited liability company doing business as "Above Average Agency" ("Above Average," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Site.

These Terms govern the Site only. They do not, by themselves, create an agency, talent-representation, or other commercial relationship between you and Above Average. Any such relationship is governed by a separate written agreement (see our Creator Services Agreement).

2. Eligibility

You must be at least 18 years old to use the Site. By using the Site you represent that you are 18 or older and that you have the legal capacity and authority to agree to these Terms — on your own behalf, and on behalf of any entity you represent.

3. What this Site is

The Site is a marketing website that lets creators apply to be represented by Above Average and, if invited, complete an onboarding process, and lets brands apply to join our waitlist to work with the creators we represent. Submitting an application, joining the waitlist, or providing onboarding information:

• does not create an agency, representation, or other commercial relationship;
• does not obligate us to respond, to accept you, or to source, facilitate, or enter into any brand deal; and
• does not entitle you to any compensation.

We may accept or decline any applicant, and may discontinue or change the application, waitlist, and onboarding process, at any time and for any lawful reason.

4. Accounts and portal access

Some parts of the Site (such as the onboarding portal or, if you are a member of our team, the dashboard) require credentials. You are responsible for keeping your credentials confidential and for all activity that occurs under your login. Notify us promptly at hello@aboveaverage.agency if you believe your credentials have been compromised.

5. Acceptable use

You agree not to:

• scrape, crawl, harvest, or use automated means to access the Site, except for well-behaved indexing by public search engines;
• access, or attempt to access, areas of the Site or systems you are not authorized to use;
• probe, scan, or test the vulnerability of the Site, or breach or circumvent any security or authentication measure;
• interfere with or disrupt the Site, its servers, or networks;
• impersonate any person or entity, or misrepresent your affiliation with anyone;
• upload or transmit malware, or any content that is unlawful, infringing, defamatory, or harmful; or
• use the Site for any unlawful purpose or in violation of these Terms.

6. Your submissions

"Submissions" means any information or content you provide through the Site, including application and onboarding data (for example your name, contact details, social-media handles, audience figures, sales figures, content samples, and links). You represent and warrant that your Submissions are accurate and current and that you have the right to provide them. You grant Above Average a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and process your Submissions to operate, evaluate, and improve the Site and our services and to consider and act on your application. If you send us feedback or suggestions about the Site, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

7. Intellectual property

The Site and its contents — including text, graphics, design, and the "Above Average," "Above Average Agency," and related names, logos, and marks — are owned by Above Average or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-transferable, non-sublicensable license to view and use the Site for its intended purpose. No other rights are granted. You may not copy, modify, distribute, or create derivative works from the Site except as expressly permitted.

8. Third-party services and links

The Site relies on, and may link to, third-party services (for example Google and Gmail). Your use of those services is governed by their own terms and privacy policies, not ours. We are not responsible for third-party websites or services, and a link does not imply endorsement.

9. Disclaimers

THE SITE AND ANY APPLICATION OR ONBOARDING PROCESS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

We do not guarantee that you will be accepted as a represented creator, that you will receive any brand deal or offer, or that you will achieve any particular income, views, engagement, sales, or other results. Any figures or examples on the Site are illustrative only.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABOVE AVERAGE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Indemnification

You will defend, indemnify, and hold harmless Above Average and its members, managers, officers, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Site, your Submissions, or your breach of these Terms or of any law or third-party right.

12. Suspension and termination

We may suspend or terminate your access to the Site (or any part of it) at any time, with or without notice, including if we believe you have violated these Terms. Sections 6 through 14 survive any termination.

13. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date. For material changes we will provide reasonable notice (for example, a notice on the Site or, where we have your email address, by email). Your continued use of the Site after the changes take effect means you accept the updated Terms.

14. Dispute resolution; binding arbitration; governing law

Please read this section carefully — it affects your legal rights, including your right to go to court and to participate in a class action.

14.1 Informal resolution first

Before starting an arbitration or lawsuit, you agree to first contact us at hello@aboveaverage.agency and give us 30 days to try to resolve the dispute informally.

14.2 Binding arbitration

Except for the matters carved out in Section 14.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be seated in Miami-Dade County, Florida, and may be conducted in person, by phone, by video, or on documents as the rules allow. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class-action waiver

Arbitration and any court proceeding will take place only on an individual basis. You and Above Average waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

14.4 Carve-outs

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

14.5 30-day opt-out

You may opt out of Sections 14.2 and 14.3 by emailing hello@aboveaverage.agency within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect the rest of these Terms.

14.6 Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, the exclusive venue is the state and federal courts located in Miami-Dade County, Florida, and you consent to their personal jurisdiction.

15. Miscellaneous

These Terms (together with any documents they reference) are the entire agreement between you and Above Average regarding the Site and supersede any prior understandings on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates an employment, partnership, joint-venture, or agency relationship. Section headings are for convenience only.

16. Contact

Kota LLC d/b/a Above Average Agency
Email: hello@aboveaverage.agency