Terms of Service

Last updated: June 10, 2026

1. Agreement

These Terms of Service ("Terms") govern your access to and use of opticvaultmarketing.com (the "Site") and any services provided by Optic Vault Marketing ("we," "us," "our"). By using the Site, submitting a form, signing a proposal, or paying an invoice, you agree to these Terms. If you don't agree, don't use the Site or our services.

2. Services

We provide marketing services including but not limited to: website design and development, search engine optimization, Google Business Profile setup and management, marketing automation, CRM setup, SMS marketing (missed-call text back, appointment reminders, review automation), social media management, and paid advertising management. The exact scope, deliverables, timeline, and price for a specific engagement are set out in a separate Proposal, Statement of Work, or order form ("SOW") signed by both parties. If a conflict exists between these Terms and an SOW, the SOW controls for that engagement.

3. Payment and refunds

• Fees are stated in the applicable SOW. Recurring fees are billed monthly in advance unless otherwise stated.
• Payment is due on receipt of invoice via the payment method on file. Late payments accrue interest at the lesser of 1.5% per month or the maximum legal rate.
• Setup fees and prepaid monthly fees are non-refundable except where a specific written guarantee applies (e.g., "48-hour launch or it's free" or "30-day automation promise" — see the relevant landing page for exact terms).
• Month-to-month engagements may be cancelled with 7 days written notice. Charges already invoiced are not refunded.
• If an account is more than 30 days past due, we may suspend or terminate services without further notice.

4. Client responsibilities

• Provide accurate business information, content, brand assets, and timely approvals.
• Maintain administrative access to your Google Business Profile, domain, hosting, social media, and any third-party accounts we use on your behalf.
• Comply with all laws applicable to your business, including (without limitation) the TCPA, CAN-SPAM, CTIA messaging principles, ADA, and state privacy laws.
• Obtain and document valid consent from your customers before we send SMS or email on your behalf.
• Not use our services for unlawful, harmful, deceptive, or fraudulent purposes.

5. Ownership and intellectual property

• Your content (logos, photos, copy you provide) remains your property. You grant us a license to use it to deliver the services.
• Final deliverables (a finished website, a configured CRM, written copy we produce for you) become your property upon full payment of all amounts owed for that deliverable.
• Our pre-existing tools, templates, methodologies, automation frameworks, and code libraries remain our property and are licensed to you for use within your engagement, not transferred.
• We may reference your business as a client and use your logo and non-confidential project examples in our portfolio and marketing unless you opt out in writing.

6. SMS, calls, and compliance

If we set up SMS automations for your business, you are the sender of every message under TCPA and CTIA. You represent that:

• You have obtained prior express written consent (or, where allowed, prior express consent) from each recipient.
• Your messages include accurate sender identification and STOP/HELP language.
• You will not use the system for prohibited content (hate, violence, illegal goods, gambling without proper registration, etc.).
• You will keep records of opt-ins for at least four years.

We provide compliant templates and the technical means to honor opt-outs; you provide the consented contact list and final approval of message content. You agree to indemnify us for any claim arising from non-compliant messaging conducted through your account.

7. Third-party platforms

Our services rely on third-party platforms (Google, Meta, TikTok, Twilio, Stripe, Netlify, HighLevel, etc.). We are not responsible for outages, policy changes, account suspensions, ad disapprovals, or feature changes on those platforms. We will use reasonable efforts to mitigate impact and pursue reinstatement (e.g., Google Business Profile suspensions) but cannot guarantee outcomes.

8. Disclaimers and no warranties

The site and services are provided "as is" and "as available." Except as expressly stated in a written guarantee, we make no warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy of marketing results, search ranking, lead volume, conversion rate, or revenue. Marketing outcomes depend on many factors outside our control.

9. Limitation of liability

To the maximum extent permitted by law, in no event will Optic Vault Marketing, its owners, employees, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, business interruption, or loss of goodwill, arising from or related to your use of the Site or services, even if advised of the possibility of such damages. Our total aggregate liability for any claim is limited to the amount you paid us in the 3 months immediately preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Optic Vault Marketing from any claim, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) your violation of any law; (c) content or contact lists you provide; (d) SMS, email, or ad campaigns sent on your behalf; or (e) your business activities generally.

11. Term and termination

These Terms apply for as long as you use the Site or our services. Either party may terminate an engagement under the applicable SOW. On termination: outstanding amounts become immediately due, we hand off final deliverables that are fully paid, we revoke our access to your accounts, and Sections 5, 8, 9, 10, 12 of these Terms survive.

12. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. The exclusive jurisdiction and venue for any dispute is the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction there. The prevailing party in any dispute is entitled to its reasonable attorneys' fees and costs.

13. Miscellaneous

• Entire agreement. These Terms plus the applicable SOW are the entire agreement between us and supersede any prior agreements on the same subject.
• Severability. If any provision is unenforceable, the rest stays in effect.
• Waiver. Our failure to enforce any right is not a waiver of that right.
• Assignment. You may not assign these Terms without our written consent; we may assign them to a successor.
• Notices. Email notices to team@opticvaultmarketing.site are valid; we may send notices to the email and phone you provided.
• Changes. We may update these Terms by posting a new version here with an updated date. Continued use after the change means you accept the new Terms.

14. Contact

Optic Vault Marketing
Miami, Florida
Email: team@opticvaultmarketing.site
Phone: (786) 406-0701