Terms and Conditions

1. Introduction

Welcome to Novatide Creative ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at www.novatidecreative.com (the "Website") and the creative services we provide.

By accessing or using our Website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.

2. Services

Novatide Creative provides creative design, branding, digital marketing, AI receptionist services, and related professional services (collectively, "Services"). Specific details about Services, deliverables, timelines, and pricing will be outlined in individual project agreements or proposals.

3. Use of Website

3.1 Acceptable Use

You agree to use our Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
• Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
• Use any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period

3.2 Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Novatide Creative or its content suppliers and is protected by international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Website without our express written permission.

4. Client Obligations

When you engage our Services, you agree to:

• Provide accurate and complete information required for the Services
• Respond to requests for information or feedback in a timely manner
• Pay all fees as outlined in your project agreement or proposal
• Comply with all applicable laws and regulations
• Not use our Services for any unlawful or fraudulent purpose

5. Fees and Payment

5.1 Pricing

Service fees will be outlined in your project agreement or proposal. All prices are in U.S. Dollars unless otherwise specified. We reserve the right to adjust pricing with 30 days' notice.

5.2 Payment Terms

Payment is due according to the terms specified in your project agreement. Late payments may be subject to interest charges of 1.5% per month or the maximum allowed by law, whichever is less. We reserve the right to suspend Services if payment is not received by the due date.

5.3 Refunds

Refund policies will be specified in your project agreement. Generally, setup fees and completed work are non-refundable. Monthly subscription services may be canceled with 30 days' notice.

6. Intellectual Property Rights

6.1 Ownership of Deliverables

Upon full payment for Services, you will own the final deliverables created specifically for you. However, we retain ownership of any pre-existing materials, tools, templates, and methodologies used in creating the deliverables.

6.2 Portfolio Use

We reserve the right to display work created for you in our portfolio and marketing materials unless otherwise agreed in writing.

6.3 Third-Party Materials

Any third-party materials (such as stock photos, fonts, or software) used in your project may be subject to separate licensing terms. You are responsible for ensuring compliance with such licenses.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our working relationship. This obligation survives the termination of any agreement between us.

8. Term and Termination

8.1 Project-Based Services

For project-based services, the agreement remains in effect until all deliverables are completed and payment is received, or until either party terminates as provided in the project agreement.

8.2 Subscription Services

Subscription services continue on a month-to-month basis unless otherwise specified. Either party may terminate with 30 days' written notice.

8.3 Termination for Cause

Either party may terminate immediately if the other party breaches these Terms and fails to cure the breach within 10 days of written notice.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC RESULTS FROM OUR SERVICES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOVATIDE CREATIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use our Website or Services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our Website
• Any bugs, viruses, or the like that may be transmitted through our Website by any third party

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR SERVICES IN THE SIX MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Novatide Creative and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of our Services or violation of these Terms.

12. Third-Party Links and Services

Our Website may contain links to third-party websites or services that are not owned or controlled by Novatide Creative. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

13. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information in connection with your use of our Website and Services is described in our Privacy Policy.

14. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising from these Terms or our Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the dispute shall be resolved through binding arbitration in Nassau County, New York, in accordance with the rules of the American Arbitration Association.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any project agreements or proposals, constitute the entire agreement between you and Novatide Creative regarding the use of our Website and Services.

16.2 Amendments

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our Website. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17. SMS Text Messaging Terms & Conditions

17.1 Consent to Receive SMS Messages

By providing your mobile phone number and opting in to our SMS messaging program, you expressly consent to receive automated marketing and transactional text messages from Novatide Creative at the mobile number you provided. Consent is not required as a condition of purchasing any goods or services.

17.2 Types of Messages

You may receive the following types of SMS messages:

• Marketing messages about our services, promotions, and updates
• Appointment reminders and confirmations
• Service updates and notifications
• Lead qualification questions and follow-ups
• Requests for photos or documents related to service estimates
• Customer service and support messages

17.3 Message Frequency

Message frequency varies depending on your engagement with our services. You may receive up to 10 messages per month for marketing purposes, and additional messages for transactional purposes (such as appointment reminders or service-related communications).

17.4 Opt-Out Instructions

You can opt out of receiving SMS messages at any time by:

• Replying STOP to any message you receive from us
• Texting STOP to our shortcode or phone number
• Following the opt-out instructions on our website at novatidecreative.com/instructions-for-opt-out
• Contacting us at novatidecreative@gmail.com or 917-480-6014

After you opt out, you will receive a confirmation message, and no further messages will be sent unless you re-opt-in.

17.5 Help and Support

For help or support regarding SMS messages, reply HELP to any message or contact us at:

• Email: novatidecreative@gmail.com
• Phone: 917-480-6014

17.6 Message and Data Rates

Message and data rates may apply based on your mobile carrier's plan. Please check with your mobile service provider for details on your specific plan. Novatide Creative is not responsible for any charges incurred from your mobile carrier.

17.7 Supported Carriers

Our SMS service is available on major U.S. carriers including AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, and others. Service may not be available on all carriers or in all areas.

17.8 Mobile Device Requirements

You must have a mobile device capable of two-way text messaging and an active mobile phone plan with a participating carrier.

17.9 Privacy and Data Collection

When you opt in to SMS messaging, we collect your mobile phone number and related information. This information is used solely for the purpose of sending you text messages and is protected according to our Privacy Policy. We do not sell or share your mobile number with third parties for their marketing purposes.

17.10 Accuracy of Information

You are responsible for providing accurate and up-to-date mobile phone number information. If you change your phone number, please update your information or opt out and re-opt-in with your new number.

17.11 Limitations and Disclaimer

We are not liable for any delays or failures in receipt of SMS messages, as delivery is subject to effective transmission by your mobile carrier. SMS messaging is provided "as is," and we make no warranties regarding the timeliness or reliability of message delivery.

17.12 Right to Modify or Terminate

We reserve the right to modify or terminate the SMS program at any time without notice. We may also suspend or terminate your participation in the program if we believe you are in violation of these terms.

17.13 MMS Messaging

Some messages may be sent as MMS (Multimedia Messaging Service) and may include images or other media. Standard MMS rates may apply.

17.14 Age Restriction

You must be at least 18 years of age to opt in to our SMS program. By opting in, you certify that you are at least 18 years old.

17.15 Compliance with Laws

Our SMS program complies with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other applicable laws and regulations.

17.16 Questions or Concerns

If you have any questions or concerns about our SMS program, please contact us at:

18. Contact Information

If you have any questions about these Terms, please contact us at: