Master Terms of Service

Brand Abbreviations Used Throughout

The Custom HQ Services work hand in hand with the services of our sister company, Custom Thumbnails, LLC, an Idaho limited liability company: customThumbnails.com (cT) and customEditing.com (cE). When you use cT or cE, their own Terms of Service and Privacy Policy apply.

1. Introduction and Acceptance

These Master Terms of Service (the "Terms") are a binding agreement between Custom HQ, LLC, a Delaware limited liability company ("Custom HQ," the "Company," "we," "us," or "our"), and you, the person or entity using any of our Services ("you" or "your"). Our Services are channelOS, customDFY.com, customMastermind.com / LegacyLab, and customThumbnails.ai (each a "Service," together the "Services").

By creating an account, starting a subscription or free trial, signing a Service agreement, or using any Service in any way, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1.1 E-signed agreements and document hierarchy. Some Services require a signed agreement before payment: cDFY engagements are governed by a signed Engagement Agreement, and cM memberships are governed by a signed Program Agreement. Where a signed agreement and these Terms address the same subject, the signed agreement controls for that Service. Where a brand-specific Terms of Use document exists for a Service, it supplements these Terms, and these Terms control in a conflict unless the brand document says otherwise.

1.2 One relationship, separate services. Purchasing one Service does not create any entitlement to another, and canceling one Service does not affect your subscriptions to others. The Custom HQ Services integrate with the services of our sister company, Custom Thumbnails, LLC, so features like unified account access and cross-service views work smoothly when you use services from both companies. Your use of customThumbnails.com or customEditing.com is governed by their own Terms of Service and Privacy Policy, not by these Terms.

1.3 Eligibility. You must be at least 18 years old and able to form a binding contract. If you use a Service on behalf of a business, you represent that you have authority to bind that business, and "you" includes that business.

2. Definitions

3. Accounts

3.1 Registration. Provide accurate, current information and keep it updated. You are responsible for activity under your account and for keeping credentials secure. Tell us right away at your Service’s support address (Section 22) if you believe your account has been accessed without authorization.

3.2 Account and billing email. Your account email is our primary channel for notices about your subscriptions, billing, and these Terms. You may designate a separate billing email; notices sent to either are effective when sent.

3.3 Security. We apply multi-factor authentication requirements tiered to account sensitivity. Keep your credentials private; you play a role in account security too.

4. The Services

4.1 channelOS (cOS). channelOS is a YouTube strategy intelligence platform offered as a single product on the plans published at channelos.com: a free trial, a true month-to-month Monthly plan you can cancel anytime, and a discounted Annual plan paid yearly. There is no annual commitment paid in monthly installments. Published pricing on the site controls.

4.2 customDFY.com (cDFY). cDFY is a done-for-you channel operations service delivered in fixed-length Engagements under a signed Engagement Agreement. Current tiers and durations are published at customDFY.com: Sprint (6 weeks), Build (13 weeks), Rise (26 weeks), and Empire (52 weeks). Scope for each tier is defined in the Engagement Agreement. Ecosystem-wide scope rules apply: we never coordinate or negotiate sponsors, never respond to YouTube comments on your behalf, and never respond to your inbox messages. You always own your YouTube channel and your social media accounts; any cT, cE, or cOS accounts set up on your behalf during an Engagement are handled at the end of the Engagement as described in your Engagement Agreement.

4.3 customMastermind.com / LegacyLab (cM). LegacyLab is customMastermind.com’s mastermind program for creators. LegacyLab (full membership) includes four in-person Builds per year (three in Boise, one destination), twice-monthly online group Lab Sessions, and an always-on private community. LegacyLab Online includes the twice-monthly online group sessions with Justin Evans and the private community. Both are annual memberships paid upfront, with published rates at customMastermind.com. Enrollment is open year-round upon application approval, and each Member’s 12-month term runs from their own enrollment date. Membership requires a signed Program Agreement before payment. LegacyLab does not include one-on-one time with Justin Evans; one-on-one coaching is a separate service. The value of LegacyLab is the sessions, the access, the community, and the room; the program does not include recorded content libraries or take-home document deliverables.

4.4 customThumbnails.ai (cT.ai). cT.ai is a self-serve software platform that generates visuals for creators using artificial intelligence, guided by your Prompts, template selections, and Brand Guide. That includes video thumbnails and the other creative formats described at customthumbnails.ai, and the published feature list on the site controls what the Service includes at any time. It is offered on the plans published at customthumbnails.ai, currently Creator, Pro, and Agency, each with the features and monthly Generation allowances listed on the site at purchase. cT.ai is software, not design labor: it does not include human designers, human revision passes, or human deliverable review. Customers who want done-for-you design work can get it from our sister company at customThumbnails.com. Agency plans are configured per customer under an Agency order form, which controls for Agency-specific terms.

4.5 Availability. cOS and cT.ai are self-serve platforms available on a continuous basis, subject to maintenance and third-party outages. Human support and service delivery for all Services follow the operating schedule in Section 20.

4.6 Fair use (cT.ai). Generation allowances are per account and per billing period and do not roll over unless the published plan says otherwise. You may not resell Generations, share an account across unrelated channels or businesses outside your plan’s scope, or access cT.ai programmatically except through interfaces we provide. We may apply reasonable rate limits to protect the platform.

4.7 Changes to the Services. We improve the Services continuously and may change features, models, templates, and allowances over time. Material changes are handled under Section 18.

5. Subscriptions, Billing, and Payment

5.1 Billing. Paid plans are billed in advance through our payment processor. By subscribing or signing a Service agreement, you authorize the charges it describes, plus applicable taxes.

5.2 Payment method thresholds. For any single transaction or installment at or below $5,000, we accept major cards and ACH. For any single transaction or installment above $5,000, we accept ACH only. Exception: cM membership payments are always by ACH, cashier’s check, or money order, never by card. The threshold applies per transaction or installment, not per total engagement.

5.3 cDFY payment structure. cDFY Engagements offer exactly two payment options: Pay-in-1 (full payment upfront with a 10% discount) or Pay-in-2 (base price split into two installments, the first today and the second three weeks later). There are no monthly installment plans. Section 5.2 determines which payment methods each installment qualifies for.

5.4 Auto-renewal. cOS and cT.ai subscriptions and cM memberships renew automatically until you cancel. Exception: cDFY Engagements do not auto-renew; renewal is affirmative, and your Studio Manager walks you through options starting 60 days before your Engagement ends. Monthly plans are true month-to-month: cancel anytime and access continues through the end of the paid month. Annual plans paid upfront run through the end of the paid year; disabling auto-renewal prevents the next term from starting.

5.5 Founding rates. If you enrolled during a Service’s founding window, your founding rate continues at renewal for as long as your subscription or membership remains continuously active. A lapse, cancellation, or termination ends founding-rate eligibility, and re-enrollment is at the then-current published rate.

5.6 Free trials. Some Services offer a free trial. Where one is offered, we tell you the trial length and the price that applies afterward before you start. Your first charge occurs at the end of the trial unless you cancel during it, and canceling during the trial means you are never charged. We may change or discontinue free trial offers for new signups at any time; a change never affects a trial already in progress.

5.7 Price changes. We may change published prices for new customers at any time. For existing subscribers, changes take effect at your next renewal with at least 30 days’ notice before an increase applies to you.

5.8 Failed payments. If a charge fails, we retry and notify you. If payment is not completed within a reasonable window, we may suspend or cancel the affected subscription, and signed agreements govern missed installments for cDFY and cM.

5.9 Pricing references. Published pricing on each Service’s site, and the pricing stated in a signed agreement for cDFY and cM, control over any pricing mentioned elsewhere.

5.10 Renewal disclosures and easy cancellation. Auto-renewal terms are presented clearly at checkout before you pay, your subscription starts only with your affirmative consent to those terms, and we confirm them in your welcome email. You can cancel online through your dashboard at least as easily as you signed up. Where law requires, we send renewal reminder notices before an annual term renews and before a free trial converts to a paid subscription.

6. Refunds, Cancellations, and Chargebacks

6.1 No refunds. All payments are final. We do not offer refunds, in whole or in part, for any reason other than a verified billing or clerical error on our side, which we correct promptly once verified, or as expressly stated in Sections 6.2 and 6.3. What you can always do: cancel or disable auto-renewal so you are not billed again, and use your remaining access through the end of the paid period.

6.2 cM 48-hour window. customMastermind.com Members (LegacyLab and LegacyLab Online) may cancel within 48 hours of the later of their signed Program Agreement and first payment received, for a full refund. After the window closes, Section 6.1 applies.

6.3 cDFY 48-hour cooling-off. cDFY customers may cancel within 48 hours of the later of their signed Engagement Agreement and first payment received, by emailing support@customdfy.com, for a full refund. Operational work begins after the window closes. After that, Section 6.1 applies.

6.4 cDFY Engagement Pause. cDFY Engagements include a one-time Engagement Pause option for life events, on the terms in your Engagement Agreement: one pause per Engagement for a one-time $99 fee, lasting up to two consecutive months, with three calendar days’ advance notice to resume. The Engagement timeline extends by the pause duration, so no weeks are forfeited. A pause does not reset the 48-hour cooling-off window, and Sections 6.1 and 6.3 continue to apply.

6.5 Unused capacity. Unused Generations, sessions, or Engagement weeks are not refunded or credited on cancellation, except as a pause extension under Section 6.4 provides.

6.6 Chargebacks. If you believe a charge is wrong, contact your Service’s support address first and we will look into it quickly. A chargeback filed without first giving us a chance to resolve the issue is a material breach of these Terms. We may suspend the account while the dispute is open, and where a chargeback is found to be without merit, you remain responsible for the disputed amount plus chargeback fees, dispute processing costs, and our reasonable costs of collection, including reasonable attorneys’ fees where the law allows. We keep audit records of every acceptance of these Terms and every checkout disclosure, and we use them in chargeback disputes.

7. Intellectual Property

7.1 Our IP. The Services, including software, models and configurations, templates, prompt libraries, strategy frameworks, site content, and the Custom HQ, channelOS, customDFY, customMastermind, LegacyLab, and customThumbnails.ai names and marks, belong to the Company and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Services for your own channels and business during your subscription, Engagement, or membership. No other rights are granted.

7.2 Deliverables and outputs. Ownership of cDFY deliverables is governed by your Engagement Agreement. For cT.ai, as between you and the Company, and conditioned on payment, you own all rights, if any, in the Generated Outputs you create through your account, subject to Sections 7.4 and 7.5, and to the extent any such rights vest in the Company, we assign them to you upon payment for the applicable billing period. AI-generated content may not qualify for copyright protection under current law, and we make no warranty that any Generated Output is protectable or registrable.

7.3 No exclusivity of style (cT.ai). AI systems can produce similar output for similar Prompts from different customers. We do not warrant that Generated Outputs are unique, and no customer acquires rights in a style, layout, or visual concept as such.

7.4 AI vendor terms pass through. The AI Engine includes third-party models, and those vendors’ published usage terms apply to Generated Outputs and AI-assisted features in addition to these Terms. Where a vendor’s terms restrict a use of output, that restriction passes through to you.

7.5 Prohibited AI-output uses. You may not use Generated Outputs or AI-assisted outputs to deceive, to violate law or platform policies, to infringe third-party rights, or in the prohibited categories listed in Section 9.2.

7.6 Training and improvement. We use service data, which can include Prompts, Generated Outputs, channel data (excluding YouTube API data, which is governed by Appendix A of our Privacy Policy), and usage information, to train and improve our AI systems and the Services, as most AI tools do. We are upfront about this because you deserve to know how the product gets better. We never sell your data, we never publish your materials as yours without the consent described in Section 8.3, and the monetary protection in Section 8.3 always applies. The Privacy Policy describes this processing and your rights over your data, including deletion.

7.7 Licensed content pass-through. Where deliverables or features include licensed third-party assets (fonts, stock imagery, music), the license terms we hold pass through to your use, and you may not extract or reuse licensed assets outside the deliverable or feature they came in.

7.8 Feedback. If you send us ideas or feedback about a Service, we can use them without restriction or payment, and you assign to us any rights needed to do so. Feedback never includes your content, Prompts, Brand Guide, or Generated Outputs.

8. Your Content

8.1 Your materials stay yours. You keep ownership of the content, channel assets, Prompts, images, logos, and other materials you provide. You grant us a limited license to host, process, transmit, and display them solely as needed to operate the Services and deliver your work, including transmission to the AI vendors that power the AI Engine. You always own your YouTube channel and your social media accounts.

8.2 You are responsible for your inputs. You represent that you have the rights needed for everything you provide, including any person’s likeness, any logo or mark, and any photograph, footage, or artwork. Providing materials you do not have rights to is a breach of these Terms, and Section 13 applies to resulting claims.

8.3 Marketing references. We may identify you as a customer and, with your prior consent, showcase your results or Generated Outputs in our marketing. We never disclose what you pay us or any of your revenue or financial information in marketing, and that protection is permanent. Withdraw marketing consent anytime at privacy@customhq.ai; withdrawal applies going forward.

9. Acceptable Use

9.1 General. You may not misuse the Services, interfere with other customers, reverse engineer our software, probe or test security without written authorization (we do not operate a bug bounty program; report vulnerabilities to legal@customhq.ai), scrape or harvest data, or use any Service to build or train a competing product.

9.2 Prohibited generation uses (cT.ai). You may not use cT.ai to generate:

We may filter, refuse, or remove Generations that violate this Section and may suspend or terminate accounts under Section 17 for serious or repeated violations.

9.3 Your equipment. You are responsible for the devices, software, and internet access you use to reach the Services.

9.4 Respectful conduct. We hold a high bar for how our team treats you, and we ask the same in return. Abusive conduct toward our team or other Members is grounds for suspension or termination under Section 17.

10. Confidentiality (customMastermind.com / LegacyLab)

customMastermind.com / LegacyLab works because the room is safe. Members agree to two tiers of confidentiality: anything a Member designates confidential, and all personally identifying details of other Members’ businesses and finances shared in sessions, are confidential permanently; all other session content is confidential for five years after it is shared. Members may discuss their own experience and their own results publicly. Breach of this Section is grounds for immediate termination of membership without refund and any other remedy available at law.

11. Event Photography and Member Privacy (customMastermind.com / LegacyLab)

We photograph and record portions of in-person Builds for program archives and marketing. Members can opt out of marketing use of their image by telling us at any Build or by emailing privacy@customhq.ai. We never publish another Member’s business or financial details, consistent with Sections 8.3 and 10. Additional in-person event privacy terms appear in the Privacy Policy appendices.

12. Third-Party Platforms and Services

12.1 No YouTube affiliation. The Services are not affiliated with, endorsed by, or sponsored by YouTube or Google. YouTube is a trademark of Google LLC. Your use of YouTube is governed by YouTube’s own terms, and channelOS’s use of YouTube data is described in the Privacy Policy appendix on the YouTube API Services.

12.2 AI vendors. cT.ai and AI-assisted features depend on third-party AI providers whose availability, model behavior, and terms are outside our control. We choose vendors carefully and can change them to keep the Services strong.

12.3 Payment processing. Payments are processed by our payment processor. We do not store full card numbers.

12.4 DMCA. We respond to copyright notices under the Digital Millennium Copyright Act. Send notices to legal@customhq.ai with the information required by 17 U.S.C. § 512(c)(3). We terminate repeat infringers’ accounts in appropriate circumstances.

12.5 Security incidents. If we confirm a security incident affecting your personal information, we will notify you without undue delay and in any event within 72 hours of confirming it, consistent with the Privacy Policy and applicable law.

13. Disclaimers and No Guarantees of Outcomes

13.1 No performance guarantees. We are proud of the work and honest about what no service or tool can promise: we do not guarantee click-through rates, views, impressions, subscriber growth, revenue, sponsorships, or any other channel or business outcome. Results depend on many factors outside any provider’s control, including your content, niche, audience, consistency, and platform systems.

13.2 AI limitations. AI-generated content can contain artifacts, inaccuracies, or unexpected elements. Review every Generated Output before you publish it. You are responsible for what you publish.

13.3 Founder credentials and aggregate claims. Aggregate metrics we publish (channels served, cumulative views, cumulative subscribers, and named brand engagements) reflect Justin Evans’ full career of 15+ years across Custom HQ, LLC, Custom Thumbnails, LLC, and other entities he has worked with or through. We maintain reasonable-basis documentation for these claims.

13.4 Testimonials. Testimonials reflect individual experiences and are not promises of your results.

13.5 As-is. THE SERVICES 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.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND (B) THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO A SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THAT SERVICE IN THE 6 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED DOLLARS ($100). WHERE A SIGNED ENGAGEMENT AGREEMENT OR PROGRAM AGREEMENT STATES ITS OWN LIABILITY CAP, THAT CAP CONTROLS FOR THAT SERVICE. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

15. Indemnification and Release

15.1 Indemnification. You will defend, indemnify, and hold harmless the Company and its members, managers, employees, and contractors from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your inputs and materials, your use of deliverables or Generated Outputs, your breach of these Terms or a signed agreement, or your violation of law or third-party rights.

15.2 General release. To the maximum extent permitted by law, you release the Company from all claims, known and unknown, arising out of disputes between you and any third party in connection with the Services, including other customers or Members, AI vendors, and platforms where you publish. This release is intended to be as broad as the law allows.

15.3 California waiver. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

15.4 Activities and travel (customMastermind.com / LegacyLab). In-person Builds may include outdoor activities and travel. Participation is voluntary, and Members assume the ordinary risks of the activities they choose to join, as detailed in the Program Agreement and any activity-specific release.

16. Dispute Resolution

16.1 Talk to us first. Before filing any claim, send a written description of the dispute to legal@customhq.ai and give us 30 days to respond and try to resolve it informally. Most issues get solved this way, faster than any formal process.

16.2 Class action waiver. To the maximum extent permitted by law, disputes will be resolved on an individual basis only. You waive any right to participate in a class, collective, consolidated, or representative action against the Company.

16.3 Time limit on claims. Any claim by you arising out of or relating to a Service or these Terms must be filed within two years after the claim accrues, or it is permanently barred. This limitation applies to your claims against the Company and does not shorten any limitations period applicable to the Company’s claims. This period is not tolled or extended by informal resolution efforts, continued use of a Service, or any other circumstance except where tolling is required by law.

17. Suspension and Termination

17.1 By you. Cancel self-serve subscriptions anytime from your dashboard. Signed agreements govern early ending of cDFY Engagements and cM memberships. Sections 5.4 and 6 govern timing and refunds.

17.2 By us. We may suspend or terminate your access for breach of these Terms or a signed agreement, unlawful use, abuse of the platform or our team, non-payment, or risk to a Service or other customers. Where practical, we warn you and give you a chance to fix the problem first. Serious violations, including Sections 9.2 and 10, may result in immediate termination.

17.3 Effect. On termination, your license to use the affected Service ends. Content and outputs you already own remain yours; download what you want to keep before access ends. The Privacy Policy governs stored data afterward.

17.4 Survival. Sections 6, 7, 8.2, 10, 13, 14, 15, 16, 21, and 23 survive termination.

18. Changes to These Terms

We may update these Terms as the Services evolve. For material changes, we give at least 30 days’ advance notice by email and in-product notice before the change takes effect. If you do not accept a material change, you can disable auto-renewal, and your current paid term runs to its natural end under the existing Terms. Continued use after the effective date of a change means you accept it. Non-material changes, such as clarifications and typo fixes, may take effect on posting.

19. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of third-party AI providers, internet or utility failures, natural disasters, epidemics, and government action. Payment obligations for service already delivered are not excused. If a force majeure event materially interrupts an in-person Build, we reschedule it; Section 6.1 otherwise applies.

20. Operating Schedule

20.1 Operating days. Our team operates Monday through Friday, 9:00 AM to 4:00 PM Mountain Time.

20.2 Closures. We observe Thanksgiving Day and Christmas Day, and a Holiday Season Soft Closure from December 22 through January 1, resuming January 2 at 9:00 AM Mountain Time.

20.3 Notice of closures. We announce the Holiday Season Soft Closure at least 20 days before December 22, Thanksgiving and Christmas closures at least 3 days ahead, and individual team-member time off affecting your service at least 7 days ahead.

20.4 No proration. Published closures are built into our pricing and delivery commitments; subscription fees are not prorated for closure days.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Subject to Section 16, the state and federal courts located in the State of Delaware have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, and both parties consent to personal jurisdiction and venue there. If you use the Services from outside the United States, you are responsible for compliance with your local laws, and you agree that these Terms and U.S. law govern the relationship.

22. Notices and Contact

Use the address that matches your purpose. Operational support is per Service and never cross-routed:

Legal notices to the Company must be sent by email to the legal address above or by mail to the address above. Notices to you may be sent to your account email and are effective when sent.

23. General

23.1 Entire agreement. These Terms, the Privacy Policy, any brand-specific Terms of Use, any signed Engagement Agreement or Program Agreement, any Agency order form, and published plan descriptions are the entire agreement about the Services and replace prior discussions. Section 1.1 sets the order of precedence.

23.2 Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

23.3 Severability and waiver. If any provision is found unenforceable, the rest remain in effect, and the provision will be enforced to the maximum extent permitted. A failure to enforce a provision is not a waiver of it.

23.4 Independent parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company.

Questions? We keep these Terms in plain language on purpose. If anything is unclear, email your Service’s support address in Section 22 and a real person will answer.