Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Optic Acquisition LLC ("Optic Acquisition," "we," "us," or "our"), a California limited liability company. They govern your use of opticacquisition.com (the "Site"), our text messaging program, and the marketing, web design, and automation services we provide (collectively, the "Services").

1. Agreement to these Terms

By accessing the Site, opting in to text messages, or engaging us for Services, you agree to these Terms and to our Privacy Policy. If you are using the Services on behalf of a business, you represent that you have authority to bind that business, and "you" refers to the business.

If you sign a separate Marketing Services Agreement, proposal, or statement of work with us (a "Client Agreement"), that document controls over these Terms for the matters it covers. These Terms fill in anything the Client Agreement does not address.

You must be at least 18 years old to use the Site or Services.

2. SMS and text messaging terms

Program name and description. Optic Acquisition sends conversational and informational text messages to prospects and clients who opt in. Messages may include replies to your inquiries, appointment confirmations and reminders, onboarding steps, project and campaign updates, billing notices, and, if you separately opt in, occasional marketing about our services.

How you opt in. You consent to receive text messages from Optic Acquisition by checking the SMS consent box on a form on the Site or one of our landing pages, by texting us first, by replying to a message after contacting us, or by giving verbal consent on a call. Consent is not a condition of purchasing any goods or services.

Message frequency. Message frequency varies depending on your interaction with us. Conversational messages are sent as needed; marketing messages, if you opt in to them, are sent no more than 4 times per month.

Message and data rates may apply. Standard message and data rates from your mobile carrier may apply to messages we send and messages you send to us.

Opt out. You can cancel at any time by texting STOP to any message you receive from us. After you send STOP, we will send one message confirming you have been unsubscribed, and you will not receive further messages unless you opt in again. You may also opt out by emailing [email protected].

Help. For help, reply HELP to any message or email [email protected].

Carrier disclaimer. Carriers are not liable for delayed or undelivered messages. Supported carriers include major U.S. carriers including AT&T, T-Mobile, Verizon, and others.

Privacy. Your mobile number and opt-in information will not be shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for full details on how we handle your information.

Your responsibility. You confirm that you are the owner or authorized user of the phone number you provide. If you change or deactivate your number, notify us so we can update our records.

3. The Services

Optic Acquisition provides done-for-you digital marketing for home service contractors and other small and mid-sized businesses. Depending on your Client Agreement, Services may include:

• Paid advertising strategy, setup, and management on Meta (Facebook and Instagram), Google, and similar platforms
• Website and landing page design and development
• Lead capture funnels, CRM setup, and marketing automation, typically built in GoHighLevel
• Conversion tracking, including pixel, Conversions API, and analytics configuration
• Customer and market research, offer and messaging strategy, and reporting
• Marketing consulting and strategy sessions

Services are delivered on a flat monthly retainer unless your Client Agreement says otherwise. Ad spend paid to advertising platforms is separate from our fees and is billed directly to you by the platform.

We may change, improve, or discontinue any part of the Site or our general service offerings at any time. Changes to the scope of an active engagement are made only by written agreement.

4. Fees and payment

Retainer fees. Fees are stated in your Client Agreement and billed monthly in advance. Fees are due on the invoice date unless otherwise stated. We may pause work on accounts that are more than 10 days past due until the balance is paid.

Ad spend. You are responsible for all advertising costs charged by Meta, Google, or any other platform. You will keep a valid payment method on file with each platform. We are not responsible for platform charges, billing disputes, or spending caps you set.

Third-party subscriptions. Software we set up on your behalf (for example a GoHighLevel subaccount, domain registration, hosting, or phone numbers) may carry separate costs. These are either included in your retainer or passed through at cost, as stated in your Client Agreement.

Late payments. Balances more than 30 days past due may accrue interest at 1.5% per month or the maximum rate allowed by law, whichever is lower, plus reasonable collection costs.

Refunds. Retainer fees cover work performed during the billing period and are non-refundable once that period begins, except as expressly provided in a performance guarantee in your Client Agreement.

Taxes. Fees do not include sales, use, or similar taxes. You are responsible for any that apply.

5. Your responsibilities

To deliver the Services we depend on you to:

• Provide timely access to accounts, assets, and approvals we request (ad accounts, Business Manager, domain, website, CRM, brand files, offers, pricing)
• Respond to leads, calls, and appointments generated by campaigns promptly and professionally
• Review and approve creative, copy, and landing pages within a reasonable time; approvals not given within 5 business days may be treated as approved so campaigns can launch
• Keep your business licensing, insurance, and advertising claims accurate and lawful
• Honor the offers and pricing used in campaigns we run for you
• Keep payment methods current with us and with advertising platforms
• Comply with all applicable laws, including the TCPA, CAN-SPAM, and state telemarketing rules, for any outreach you conduct using systems we build

Acceptable use. You will not use the Site or Services to publish or promote anything unlawful, deceptive, infringing, defamatory, or harmful; to send unsolicited messages in violation of law or platform rules; to interfere with the Site or our systems; or to reverse engineer, scrape, or copy our materials, processes, or systems.

Content you provide. You are responsible for the accuracy and legality of all content, claims, images, reviews, and data you give us, and you confirm you have the rights to use them. Customer review text is published as provided and is never edited by us.

Delays caused by missing access, approvals, or information on your side may extend timelines and do not reduce fees owed.

6. Intellectual property

Your materials. You keep all rights to your name, logo, brand assets, content, customer data, and anything you give us. You grant us a license to use them to perform the Services and, unless you tell us otherwise in writing, to show the work we did for you in our portfolio and case studies.

Deliverables. Once all fees for an engagement are paid, you own the final deliverables created specifically for you: ad creative, copy, landing pages, website designs, and campaign assets. Ad accounts, pixels, domains, and CRM subaccounts registered in your name belong to you.

Our materials. We keep all rights to our methods, frameworks, templates, workflows, automations, code libraries, training materials, and know-how, including the Demand-to-Revenue System and any pre-existing or reusable components used in your deliverables. You receive a non-exclusive license to use those components as part of your deliverables for your own business, but you may not resell, license, or share them.

Site content. Everything on the Site, including text, design, graphics, and tools such as calculators and lead magnets, is owned by Optic Acquisition or its licensors and may not be copied or reused without written permission.

Feedback. Any suggestions you give us about our services may be used freely without obligation to you.

7. Third-party platforms

The Services rely on platforms we do not control, including Meta, Google, GoHighLevel, domain registrars, hosting providers, and messaging carriers. By engaging us you agree that:

• Each platform's own terms and policies apply to your accounts, and you are responsible for complying with them
• We are not responsible for platform outages, policy changes, algorithm changes, ad disapprovals, account restrictions or bans, cost increases, or data loss caused by a platform
• Account suspensions sometimes occur despite compliant advertising; we will work in good faith to appeal and restore access, but cannot guarantee the outcome
• Where we hold admin access to your accounts, we will use it only to perform the Services and will transfer or remove our access at the end of the engagement on request

No performance guarantee. Marketing results depend on factors outside our control, including your market, offer, pricing, sales follow-up, seasonality, and platform behavior. Except for a written performance guarantee in your Client Agreement, we do not guarantee any specific number of leads, appointments, sales, rankings, or return on ad spend. Estimates, projections, and calculator outputs on the Site are illustrations, not promises.

8. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL PRODUCE ANY PARTICULAR BUSINESS RESULT.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPTIC ACQUISITION AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID US ANY FEES.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Optic Acquisition and its members, managers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) content, claims, offers, or materials you provide; (b) your products, services, or business practices; (c) your violation of these Terms, any law, or any platform policy; or (d) your handling of leads, customer data, or communications generated through the Services.

11. Term and termination

Client engagements run month to month unless your Client Agreement states a minimum term. Either party may end an engagement with 30 days' written notice (email is sufficient). Fees for the notice period remain due. We may suspend or terminate access to the Site or Services immediately if you breach these Terms, fail to pay, or use the Services in a way that creates legal or platform risk for us.

On termination: (a) you pay all fees accrued through the end date; (b) once paid, we transfer ownership and admin access to deliverables and accounts registered in your name; (c) we remove our access to your platforms; and (d) Sections 6, 8, 9, 10, 12, and 13 survive.

12. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Before filing any claim, each party agrees to try in good faith to resolve the dispute by written notice and discussion for at least 30 days. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Ventura County, California, and each party consents to that jurisdiction. In any action to enforce these Terms, the prevailing party may recover reasonable attorneys' fees and costs.

13. General

Entire agreement. These Terms, the Privacy Policy, and any Client Agreement are the entire agreement between you and us about the Site and Services.

Changes. We may update these Terms at any time by posting a revised version on the Site with a new effective date. Continued use after that date means you accept the changes. Changes to an active Client Agreement require written agreement.

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

Severability and waiver. If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including platform outages, internet failures, natural disasters, or government action.

Notices. Notices to us go to [email protected]. Notices to you go to the email address on file.

14. Contact us

See also our Privacy Policy.