Effective date: August 2025

1) Agreement

These Terms govern your access to optiaiagency.com and our services (audits, consulting, campaigns, automations, software access, content). By using our site or purchasing a plan, you agree to these Terms.

2) Services

We provide: Free AI Audits, done-for-you marketing (ads, funnels, nurture), AI receptionist/chat, missed-call text-back, review/SEO, content/UGC, reporting, and related implementation. Some features use third-party platforms (e.g., GoHighLevel/LeadConnector, Stripe, Apntly, Google/Meta/TikTok, OpenAI). Those services are subject to their own terms and policies.

3) Accounts & Client Responsibilities

You’ll provide accurate information, grant needed access (ad accounts, pixels, domains, calendars, email/SMS sender records), and maintain compliance with applicable laws (advertising, privacy, SMS/TCPA/CASL, medical claims). You are responsible for the content you approve and publish.

4) AI outputs & advice

AI-generated content may contain errors or bias and is provided “as is.” We recommend human review before publishing. Our materials are marketing guidance, not medical, legal, or financial advice.

5) Fees, billing, renewals

Plans may include a setup fee and monthly subscription. Subscriptions auto-renew until canceled. You authorize us (or Stripe) to charge your card/account for recurring fees, overage, taxes, and approved add-ons. Late payments may pause service. Unless stated otherwise, fees are non-refundable for the current billing period.

Cancellation: month-to-month; cancel any time effective at the end of the current term via your client portal or [email protected]. For retainers with deliverables, cancellation does not entitle you to partial refunds once work has begun.

6) Performance

We will use commercially reasonable efforts but do not guarantee specific results (e.g., bookings, revenue, rankings, ad approvals). Platforms control delivery, policies, and uptime.

7) Intellectual Property

Our pre-existing IP (frameworks, templates, code, reports) remains ours. Upon full payment, you receive a non-exclusive, perpetual license to use final deliverables for your business. You grant us permission to list your business name/logo and non-sensitive results as portfolio or case-study material unless you opt out in writing.

8) Confidentiality

Each party will keep the other’s non-public information confidential and use it only to perform under these Terms.

9) Data protection; DPA

We process personal data as described in our Privacy Policy and, when acting as a processor for you, under a Data Processing Addendum (DPA) available upon request. You represent that you have a lawful basis to supply personal data to us. We are not a Covered Entity and will not handle PHI unless a BAA is signed in advance.

10) Prohibited uses

No unlawful, misleading, or harmful content; no infringement or deception; no abuse of our systems; no spam or unsolicited messages without consent; no attempts to bypass billing or security.

11) Indemnification

You agree to indemnify and hold harmless Opti Ai Agency from claims arising out of your content, unlawful use, regulatory violations, or breach of these Terms.

12) Disclaimers; limitation of liability

Services are provided “as is”. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. Liability cap: the greater of $1,000 or fees paid to us in the three (3) months preceding the claim. No liability for indirect, incidental, special, or consequential damages.

13) Term & termination

Either party may terminate for convenience on written notice (effective end of current term) or for cause upon uncured material breach (10 days’ notice). On termination you must pay all amounts due; we will provide final deliverables and reasonable assistance for handoff.

14) Force majeure

We are not liable for delays or failures due to events beyond our reasonable control (e.g., platform outages, policy changes, strikes, acts of God).

15) Governing law; venue

These Terms are governed by the laws of Florida, USA, without regard to conflicts principles. Venue and jurisdiction: state or federal courts in Hillsborough County, Florida. (Optional: add binding arbitration if you prefer.)

16) Changes

We may update these Terms; the latest version will be posted with an effective date.

17) Notices

Notices to us: [email protected] (and postal address). Notices to you: the email on file or via your client portal.