Vixstream LLC — Terms of Service

1. Acceptance of Terms

Welcome to Vixstream LLC ("Vixstream," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website vixstream.com (the "Site") and the services we provide (collectively, the "Services").

By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Site or Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Site or Services after such changes constitutes your acceptance of the updated Terms.

2. Description of Services

Vixstream provides marketing and systems services to businesses, including but not limited to:

• Facebook and Google advertising campaign management
• GoHighLevel CRM setup, automation, and pipeline management
• Landing page and funnel design and development
• Email and SMS marketing automation
• Conversion tracking and analytics implementation
• Strategy consultations and audits

The specific Services provided to you will be outlined in a separate Service Agreement or Statement of Work.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements. If you are using our Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

4. User Accounts

4.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Keep your account credentials confidential and secure
• Notify us immediately of any unauthorized use of your account

You are responsible for all activity that occurs under your account.

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Prolonged inactivity

You may terminate your account at any time by contacting us at thevixstream@gmail.com.

5. Fees and Payment

5.1 Service Fees

Certain Services require payment of fees. The specific fees, payment terms, and deliverables will be outlined in a separate Service Agreement or Statement of Work.

5.2 Payment Terms

• Invoicing: We will invoice you according to the payment schedule outlined in your Service Agreement
• Payment Methods: We accept payment via credit card, ACH transfer, or other methods as agreed
• Late Payments: Overdue payments may be subject to late fees and interest charges
• Collections: If payment is not received within 30 days of the due date, we may suspend Services and engage a collections agency

5.3 Refunds

All fees are non-refundable unless otherwise stated in your Service Agreement. We do not provide refunds for:

• Partial months of service
• Unused Services or credits
• Services that have already been delivered

5.4 Ad Spend

If we manage paid advertising campaigns on your behalf:

• Client Responsibility: You are responsible for all advertising costs incurred on platforms such as Facebook, Google, LinkedIn, etc.
• Payment: Ad spend is billed separately from our service fees and is paid directly to the advertising platform or reimbursed to us
• No Refunds: Ad spend is non-refundable once campaigns are live

5.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any sales tax, VAT, GST, or other taxes imposed by governmental authorities.

6. Use of Services

6.1 Permitted Use

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

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Transmit any harmful, offensive, or illegal content
• Interfere with or disrupt the operation of our Site or Services
• Attempt to gain unauthorized access to our systems or networks
• Use our Services to send spam or unsolicited communications

6.2 Client Responsibilities

As a client of Vixstream, you agree to:

• Provide us with accurate information and access to accounts (e.g., Facebook Ads Manager, GoHighLevel, Calendly) necessary to perform our Services
• Respond to our requests for information, approvals, and feedback in a timely manner
• Comply with all applicable laws and platform policies (e.g., Facebook Advertising Policies, CAN-SPAM Act, TCPA)
• Ensure that any content you provide (copy, images, videos) does not infringe on third-party rights

6.3 Platform Compliance

You acknowledge that:

• We cannot guarantee results from advertising platforms due to factors outside our control (e.g., algorithm changes, policy violations, ad disapprovals)
• You are responsible for ensuring your ads and landing pages comply with platform policies
• Violations of platform policies may result in account suspensions or bans, for which we are not liable

7. Intellectual Property

7.1 Vixstream Property

All content, features, and functionality of our Site and Services, including but not limited to text, graphics, logos, images, software, and code, are the exclusive property of Vixstream or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Site or Services without our express written permission.

7.2 Client Materials

You retain ownership of any materials you provide to us (e.g., logos, brand assets, content). By providing these materials, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display them solely for the purpose of providing Services to you.

7.3 Work Product

Deliverables created by Vixstream as part of our Services (e.g., ad creative, landing pages, automation workflows) will be outlined in your Service Agreement. Ownership of these deliverables will transfer to you upon full payment of all fees, unless otherwise agreed.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our relationship, including but not limited to:

• Business strategies and plans
• Client lists and data
• Financial information
• Technical information and processes

This obligation survives termination of these Terms.

9. Disclaimers and Limitations of Liability

9.1 No Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• Our Services will be uninterrupted, error-free, or secure
• Any defects will be corrected
• Our Services will meet your specific requirements
• Any results or outcomes (e.g., leads, conversions, revenue) will be achieved

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VIXSTREAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE FEES CHARGED BY VIXSTREAM REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Vixstream, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any content or materials you provide to us

11. Termination

11.1 Termination by Either Party

Either party may terminate the Service Agreement with 30 days' written notice, unless otherwise specified in the Service Agreement.

11.2 Immediate Termination

We may terminate your access to our Services immediately, without notice, if:

• You breach these Terms or your Service Agreement
• You fail to pay fees when due
• Your actions pose a legal or security risk
• We are required to do so by law

11.3 Effect of Termination

Upon termination:

• Your access to our Services will be revoked
• You remain responsible for all fees incurred prior to termination
• Any provisions of these Terms that by their nature should survive (e.g., confidentiality, intellectual property, limitations of liability) will continue to apply

12. Dispute Resolution

12.1 Informal Resolution

Before pursuing formal legal action, you agree to first contact us at thevixstream@gmail.com to attempt to resolve the dispute informally. We will work in good faith to resolve the matter within 30 days.

12.2 Arbitration

If informal resolution fails, any dispute arising out of or related to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration will take place in Sheridan, Wyoming and will be conducted by a single arbitrator. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

12.4 Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Any legal action or proceeding (other than arbitration) shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to the jurisdiction of such courts.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with your Service Agreement and our Privacy Policy, constitute the entire agreement between you and Vixstream regarding our Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Assignment

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

14.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14.6 Notices

All notices under these Terms must be in writing and sent to:

Vixstream LLC
Email: thevixstream@gmail.com
Phone: 703-554-0521
Address: 30 N Gould St, Sheridan, Wyoming 82801

Notices to you may be sent to the email address associated with your account.

15. Contact Information

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

Vixstream LLC
Email: thevixstream@gmail.com
Phone: 703-554-0521
Address: 30 N Gould St, Sheridan, Wyoming 82801

By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.