Welcome to THRD EYE DIGITAL (“THRD EYE DIGITAL,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our websites, products, and services, including smart websites, AI automations, CRM, marketing systems, review management, calendars/booking, and related done-for-you services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. thrdeyedigital.com+1
Heads up (not legal advice): This is general information drafted to fit your site. Have a licensed attorney review before publishing.
1) Eligibility & Accounts
You must be at least 18 years old and able to form a binding contract to use the Services. When you create an account or engage our team, you agree to provide accurate, complete information and keep it updated. You’re responsible for all activity under your account and for keeping your credentials secure.
2) Scope of Services
We provide AI-powered smart websites that convert, CRM with mobile access, automated workflows (SMS/email follow-ups, reminders), review management, calendars/booking, audience analytics, and related done-for-you implementation and optimization. Specific features and deliverables may vary by plan or statement of work. thrdeyedigital.com+1
3) Orders, Plans, Billing & Taxes
Subscriptions & Auto-Renewal. Some Services are billed on a recurring subscription basis and renew automatically each billing cycle until canceled as described below. We may offer multiple tiers (e.g., Basic/Elite) with varying features. thrdeyedigital.com
No long-term contracts / Cancel anytime. Unless otherwise stated in a signed order form, our plans do not require long-term contracts and can be canceled at any time. Cancellations take effect at the end of the current billing period; fees already paid are not refunded (except where required by law). thrdeyedigital.com
Fees & Changes. Prices, features, and fees may change; if we make material price changes to an active subscription, we’ll notify you in advance and they’ll apply on your next renewal.
Taxes. You’re responsible for all applicable taxes, duties, and government charges (other than our income taxes).
Payment Issues. We may suspend or terminate Services for late or declined payments after reasonable notice.
4) Onboarding & Your Responsibilities
You will (a) provide timely access to requested assets (logos, brand copy, images), (b) connect required accounts (domain registrar, Google Business Profile, social accounts), and (c) designate a point of contact to approve deliverables. Delays in approvals or access can shift timelines and do not entitle you to credits or refunds.
5) Acceptable Use
You agree not to misuse the Services, including by:
sending spam or unlawful messages;
uploading or transmitting malicious code;
violating intellectual property or privacy rights;
using the Services for high-risk or illegal activities;
submitting sensitive data (e.g., full payment card numbers, government IDs, or protected health information (PHI)) unless we’ve signed a separate, mutually executed Business Associate Agreement (BAA). Without a BAA, you must not use the Services to process PHI.
6) Messaging, Calling & Compliance (TCPA/Carrier Rules)
Our systems can send and receive SMS/MMS, voice calls, and emails. You are solely responsible for compliance with all applicable laws (e.g., the U.S. Telephone Consumer Protection Act (TCPA), CAN-SPAM, carrier policies) and for obtaining express consents from your contacts. Your messages must include clear opt-out instructions. Our site and forms provide standard language and keywords (e.g., “Message & Data rates may apply. Reply HELP for help or STOP to opt-out.”), and consent checkboxes indicating that by providing a phone number, a user agrees to receive text messages. You must configure your campaigns accordingly and honor all opt-out requests. thrdeyedigital.com
7) Third-Party Platforms & Integrations
Our Services may integrate with third-party platforms and providers (e.g., CRM, email/SMS gateways, analytics, scheduling, AI services). Your use of third-party tools is subject to their terms and privacy practices. We are not responsible for third-party outages, data handling, or changes that affect functionality.
8) Intellectual Property & License
Our IP. We own all rights, title, and interest in and to the Services, our templates, workflows, training materials, software, and marks.
Deliverables. Upon your full payment, you receive a non-exclusive, non-transferable license to use the finalized deliverables for your internal business purposes. We retain all underlying know-how, pre-existing materials, and tools (e.g., automations, frameworks, templates).
Feedback. If you provide feedback, we may use it without restriction or compensation.
Portfolio Rights. Unless you email us to opt out, you grant us permission to display your non-confidential brand name/logo and a high-level description of work performed in our portfolio and marketing.
9) Confidentiality & Data
Each party may access the other’s confidential information and will protect it with reasonable care, using it only to provide or receive the Services. You are responsible for the lawfulness of your data and for providing required privacy notices to your customers. We process customer data to provide and improve the Services, prevent abuse, and meet legal obligations, consistent with our Privacy Policy.
10) Results, Advice & Industry-Specific Disclaimers
Digital marketing results vary. We do not guarantee a specific number of leads, rankings, reviews, appointments, or revenue. Any strategy, training, or suggestion we provide is for informational purposes; you should obtain professional advice (legal, financial, medical, etc.) for your specific situation.
11) Service Changes; Maintenance
We may modify features, implement updates, or perform maintenance. We strive to minimize downtime, but uninterrupted availability is not guaranteed—especially where third-party providers are involved.
12) Suspension & Termination
We may suspend or terminate your access (with notice when reasonable) if you violate these Terms, fail to pay, or create security/operational risks. You may cancel at any time; cancellation is effective at period end, and access may end at that time. Certain provisions survive termination (e.g., IP, confidentiality, limitations of liability, dispute resolution). thrdeyedigital.com
13) Warranties & Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be error-free, uninterrupted, or that results will meet your expectations.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THRD EYE DIGITAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15) Indemnification
You will defend, indemnify, and hold harmless THRD EYE DIGITAL and our affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your content or data; (b) your use of the Services in violation of these Terms or law; or (c) your products, services, or marketing communications to your customers.
16) Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Arbitration. Except for claims that qualify for small-claims court, any dispute will be resolved by binding arbitration in Travis County, Texas before a single arbitrator, on an individual basis (no class actions). Either party may seek temporary injunctive relief in court to protect confidential information or intellectual property.
17) Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control (e.g., acts of God, internet/provider outages, third-party platform failures, labor disputes, or government actions).
18) Changes to These Terms
We may revise these Terms from time to time. The updated version will be posted with a new “Last Updated” date and becomes effective when posted. If changes are material to an active subscription, we’ll provide reasonable advance notice.
19) Contact Us
Questions about these Terms or your account? Contact us:
THRD EYE DIGITAL
Call/Text: 512-487-8098
Address: 5900 Balcones Dr #23984, Austin, TX 78731
Or use the contact form on our site. thrdeyedigital.com
Service & Feature Summary (Informational Only)
Smart Websites & AI Automations (conversion-focused builds, built-in lead capture, chat/quote forms). thrdeyedigital.com
CRM with Mobile Access (manage communications in one place). thrdeyedigital.com
Calendars/Booking, Review Management, Audience Analytics, Multi-channel campaigns (SMS/Email/Voice/GMB/Messenger). thrdeyedigital.com
Plans: No long-term contracts; cancel anytime. Features vary by tier. thrdeyedigital.com