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Terms & Conditions

Eyedz9 Creative Services, LLC · Last updated September 8, 2026

These Terms & Conditions (“Terms”) govern your use of eyedz9.com (the “Site”), any inquiry or message you send us, any text (SMS/MMS) messages you agree to receive from us, and any creative services provided by Eyedz9 Creative Services, LLC (“Eyedz9,” “we,” “us,” or “our”), a California limited liability company based in Mission Viejo, California. By using the Site, contacting us, or opting in to text messages, you agree to these Terms. If you do not agree, do not use the Site.

1. Who we are and what this covers

Eyedz9 is a one-person creative studio producing advertising and marketing creative: animated HTML5 banners, AI-assisted video and image, social, programmatic, and DOOH. These Terms cover the Site and our general business communications. They do not replace a signed proposal, statement of work, estimate, or master services agreement — if one of those conflicts with these Terms, the signed document controls for that engagement.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Site, submit the contact form, or opt in to text messages. The Site is a business-to-business service and is not directed to children.

3. Use of the Site

You agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms.
  • Submit false, misleading, or third-party contact information, including a phone number you do not own or are not authorized to use.
  • Send unsolicited advertising, spam, chain messages, or bulk commercial inquiries through the contact form.
  • Scrape, crawl, mine, or harvest the Site or its content for the purpose of training a machine learning model, building a competing service, or reselling the content.
  • Attempt to gain unauthorized access to the Site, its servers, or any connected system, or introduce malware, or interfere with the Site’s normal operation.

4. Text message (SMS/MMS) terms

This section is the agreement that governs text messages between you and Eyedz9. It applies in addition to the rest of these Terms.

4.1 Program description

If you provide your mobile number and expressly agree to be contacted by text, Eyedz9 may send you SMS and MMS messages related to your inquiry and to any project we work on together. Message content is conversational and transactional — for example: replies to your inquiry, scheduling and call confirmations, project status and deadline updates, links to review creative, approval requests, file-delivery notices, and invoice or payment reminders. We may also occasionally send account or service notices about work you have engaged us for. We do not run a marketing blast list and we do not send promotional text campaigns.

4.2 Consent is express, optional, and not a condition of purchase

We only text you if you have given us prior express written consent — by checking a consent box, writing your consent on a form, replying to confirm, or otherwise telling us in writing that we may text you at that number. Consent to receive text messages is not a condition of purchasing any goods or services from us. You may work with us, and we will communicate by email or phone, without ever opting in to texts.

By opting in, you confirm that you are the subscriber of, or the customary user with authority over, the mobile number you provide, that you are at least 18 years old, and that you will tell us promptly if that number changes or is reassigned.

4.3 Message frequency

Message frequency varies and depends on your activity with us — typically only when there is something to review, approve, schedule, or deliver. There is no fixed number of messages per month.

4.4 Message and data rates

Message and data rates may apply.Your mobile carrier’s standard messaging, data, and any per-message charges apply to every message you send or receive, and Eyedz9 is not responsible for those charges. Contact your carrier for details about your plan.

4.5 How to opt out — STOP

You may cancel at any time. Reply STOP to any message from us (or END, QUIT, CANCEL, UNSUBSCRIBE). After you send STOP, we will send one final message confirming that you have been unsubscribed, and you will receive no further texts from us unless you opt in again. You can also opt out by emailing jason@eyedz9.comwith the subject line “STOP SMS” and the mobile number to remove. Opting out of texts does not end an active project or any signed agreement — we will simply continue by email or phone.

4.6 How to get help — HELP

Reply HELP to any message for assistance, or email jason@eyedz9.com. We will reply with our contact information and instructions for opting out.

4.7 Carriers, delivery, and interruptions

Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your mobile carrier and by our messaging provider; we cannot guarantee that any message will be delivered, delivered on time, or delivered without error. Do not rely on text messages for time-critical or emergency communications. Supported carriers may change without notice.

4.8 Privacy of your mobile information

No mobile information will be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are never shared with any third party for marketing purposes. We share your mobile number only with the messaging service providers that transmit messages on our behalf, and only to deliver those messages. All other handling of your information is described in our Privacy Policy.

4.9 Changed or reassigned numbers

If you give up, change, or transfer a mobile number you gave us, you agree to notify us right away so we do not text someone else at that number. You may notify us by replying STOP or by emailing jason@eyedz9.com.

5. Inquiries, proposals, and quotes

Submitting the contact form or sending us a message does not create a contract, an engagement, or any obligation on either side. Rates, timelines, and scope described in conversation or in an unsigned estimate are non-binding and remain valid for 30 days unless stated otherwise. Work begins only after a written proposal, statement of work, or estimate is accepted and any required deposit is received.

6. Client materials and warranties

If you provide brand assets, copy, footage, fonts, music, product data, talent likenesses, or any other material for use in a project, you represent that you own or have licensed the rights needed for the intended use, and you grant us the license needed to produce and deliver the work. You are responsible for final legal, regulatory, and substantiation review of any advertising claim before it runs.

7. Ownership of work product

Unless a signed agreement says otherwise, ownership of final deliverables transfers to the client upon receipt of full payment. Until then, all rights remain with Eyedz9. We retain ownership of our underlying tools, code libraries, animation frameworks, templates, presets, know-how, and any preliminary concepts, working files, or unselected variations, and we may reuse them on other projects. Third-party licensed elements — stock footage, music, fonts, AI-generated assets, and similar — remain subject to their own licenses, which we will identify.

8. Portfolio use

We may display completed work in our portfolio, case studies, reel, and social channels once it has publicly launched, unless a signed agreement or your written request says otherwise. We do not publish confidential, embargoed, or unreleased work without permission. See section 8 of the Privacy Policy for how we treat confidential client materials.

9. Payment

Invoices are due on the terms stated on the invoice, net 30 unless otherwise agreed. Late balances may accrue interest at 1.5% per month, or the maximum permitted by California law, whichever is less. We may pause work or withhold delivery on past-due accounts. Fees are exclusive of applicable taxes, third-party licensing costs, and media spend.

10. Site content and intellectual property

The Site — its design, code, animation, text, logos, and the eyedz9 name and mark — is owned by Eyedz9 Creative Services, LLC and protected by copyright, trademark, and other laws. Client work shown on the Site remains the property of the respective rights holders. You may view and share links to the Site, but you may not copy, reproduce, modify, republish, or create derivative works from it without our written permission.

11. Third-party links and services

The Site links to and embeds third-party services, including LinkedIn, YouTube (youtube-nocookie.com), Formspree, and adforgestudios.com. We do not control those services and are not responsible for their content, terms, availability, or privacy practices. AdForge Studios is a separate product operated under its own terms and privacy policy.

12. Disclaimers

The Site is provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation. Nothing on the Site is a guarantee of any particular campaign result, performance metric, or business outcome. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, Eyedz9 and its owner will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising from your use of the Site, our communications, or our services, even if advised of the possibility. Our total aggregate liability for any claim relating to the Site is limited to one hundred U.S. dollars ($100). Liability arising from a specific engagement is limited to the fees actually paid to us for that engagement.

14. Indemnification

You agree to indemnify and hold harmless Eyedz9 Creative Services, LLC and its owner from any claim, demand, loss, or expense (including reasonable attorneys’ fees) arising from your misuse of the Site, your breach of these Terms, materials you supply to us, or your use or publication of deliverables in a way that violates law or third-party rights.

15. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Orange County, California, and you consent to their jurisdiction. Before filing anything, both sides agree to try to resolve the dispute in good faith by contacting the other in writing and allowing 30 days to respond.

16. Changes to these Terms

We may update these Terms as our business or the law changes. The “Last updated” date at the top reflects the current version. Continued use of the Site, or continued participation in our text messaging program, after an update means you accept the revised Terms.

17. Severability and entire agreement

If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. Together with the Privacy Policy, these Terms are the entire agreement between you and Eyedz9 regarding the Site and our text messaging program.

18. Contact

Eyedz9 Creative Services, LLC
Attn: Jason Solomons
Mission Viejo, California, United States
jason@eyedz9.com
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