Terms & Conditions

1. Services

Vivvid Studios provides website development, marketing funnel systems, email and automation systems, lead generation systems, revenue infrastructure, and related digital business solutions ("Services"). All Services are provided on an "as-is" and "as-available" basis unless otherwise expressly agreed to in a separate written service agreement executed by both parties.

2. No Guarantee of Results

You acknowledge and agree that results from marketing, automation, website, or other services provided by Vivvid Studios are not guaranteed. We do not guarantee leads, revenue, conversions, ROI, or business growth of any kind. Any examples, case studies, or projections presented on our website or in our communications are illustrative only and do not represent a promise or guarantee of results for any particular client.

Individual results depend on factors outside our control, including but not limited to your offer, market conditions, audience, pricing, active participation in the service process, and general economic conditions.

3. Payment Terms & Refund Policy

All payments made to Vivvid Media LLC are final and non-refundable unless otherwise explicitly agreed to in writing prior to payment.

By engaging our Services, you acknowledge that results depend on your active participation, communication, and timely cooperation. Failure to provide required materials, approvals, access, communication, or other necessary inputs in a timely manner constitutes client-side non-performance and does not qualify for any refund.

Chargebacks and Payment Disputes

In the event of a chargeback or payment dispute initiated by the client:

• The client becomes immediately ineligible for any refunds
• All Services may be immediately suspended or permanently terminated
• Access to any systems, websites, automations, funnels, or deliverables may be revoked without notice
• The Company reserves the right to pursue recovery of all owed funds, including applicable fees, damages, and collection costs

You agree not to initiate chargebacks without first attempting in good faith to resolve the issue directly with Vivvid Studios by contacting support@vivvidstudios.com. By submitting payment, you confirm that you understand and agree to these payment terms.

4. Intellectual Property

All systems, automations, workflows, frameworks, methodologies, templates, and proprietary processes developed by Vivvid Media LLC remain the exclusive intellectual property of the Company unless otherwise agreed to in a separate written agreement.

Clients are granted a limited, non-exclusive, non-transferable license to use delivered assets for their own business purposes. Ownership of custom deliverables transfers to the client only if explicitly stated in a signed written agreement. You may not resell, sublicense, reproduce, or distribute any systems, templates, or proprietary processes provided by Vivvid Studios without prior written consent.

5. SMS / Text Messaging Program

5.1 Program Description

Vivvid Media LLC (operating as Vivvid Studios) operates a text message (SMS/MMS) communication program to contact leads, prospects, and clients regarding their inquiries, appointments, and services. The program name is Vivvid Studios — Client Communications & Follow-Up.

5.2 How You Opt In

By submitting your phone number through any website form, booking form, intake form, contact form, scheduling page, or survey operated by Vivvid Studios, you expressly provide prior express written consent to receive SMS and MMS messages from Vivvid Media LLC at the phone number you provided. Consent is recorded at the time of form submission. You represent that you are the authorized account holder of the phone number provided.

5.3 Types of Messages

Messages sent under this program may include:

• appointment confirmations, reminders, and rescheduling notices
• service follow-ups and project status updates
• onboarding instructions and administrative communications
• customer care messages related to your active inquiry or service engagement
• responses to inbound messages you initiate

5.4 Message Frequency

Message frequency varies based on your inquiry and service stage. You may receive approximately 2–6 messages per month. Frequency may increase during active onboarding or project phases.

5.5 Rates and Charges

Message and data rates may apply. Standard carrier messaging rates set by your wireless provider apply to all messages sent and received. Vivvid Studios does not charge separately for SMS messages.

5.6 Consent Is Not a Condition of Purchase

Your consent to receive text messages is not required as a condition of purchasing any product or service from Vivvid Studios. You may choose to receive services through email or other communication methods without consenting to SMS communications.

5.7 How to Opt Out

You may opt out at any time by replying STOP to any message from us. After replying STOP, you will receive a one-time confirmation and no further messages will be sent unless you re-initiate contact or provide fresh consent. Opting out of SMS does not cancel any active service agreement.

5.8 How to Get Help

Reply HELP to any message or contact us at support@vivvidstudios.com. We respond within one business day.

5.9 No Sharing of SMS Consent Data

Vivvid Studios does not sell, rent, share, or disclose mobile opt-in data or SMS consent information to third parties or affiliates for marketing or promotional purposes. Your consent applies solely to communications from Vivvid Media LLC.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

5.10 Carrier Disclaimer

Vivvid Studios does not guarantee the delivery or performance of SMS services, as message transmission depends on third-party wireless carriers beyond our control. Carriers are not liable for delayed or undelivered messages.

6. Data & Privacy

Your personal information is collected, used, and protected in accordance with our Privacy Policy. By using our Services or submitting information through our website, you acknowledge that you have read and agree to our Privacy Policy.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Vivvid Media LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of our Services, regardless of the theory of liability.

Our total liability to you for any claim arising from or related to these Terms or our Services shall not exceed the total amount paid by you to the Company in the thirty (30) days immediately preceding the event giving rise to the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Vivvid Media LLC and its officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• your business operations, products, or services
• your use of or inability to use our Services
• any marketing, advertising, or claims made by your business
• any misuse of systems, tools, or deliverables we provide
• your violation of these Terms or any applicable law

9. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved through binding arbitration administered in the State of Texas, rather than in court, except that either party may seek equitable relief in court for intellectual property matters.

By agreeing to these Terms, you waive any right to participate in a class action lawsuit or class arbitration, and you waive any right to a trial by jury, to the fullest extent permitted by law.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Texas.

11. User Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our website or engage our Services. By using our Services, you represent that you meet this requirement and have the authority to enter into these Terms on behalf of yourself or any business entity you represent.

12. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Changes become effective when posted to this page. Your continued use of our website or Services after any modification constitutes your acceptance of the updated Terms.

13. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

14. Entire Agreement

These Terms, together with our Privacy Policy and any separate written service agreement signed by both parties, constitute the entire agreement between you and Vivvid Media LLC regarding your use of our Services and supersede all prior agreements, communications, and understandings, whether written or oral.

15. Contact Information

For questions regarding these Terms or our Services:

Vivvid Media LLC (operating as Vivvid Studios)

Mansfield, Texas, United States

Email: support@vivvidstudios.com

Website: vivvidstudios.com