These Terms of Service ("Terms") govern your access to and use of services provided by ABX Group LLC, a Texas limited liability company doing business as "Opti-Algo" (collectively, "we," "us," "our"), including the website at opti-algo.net, any spec sites we build, our outreach communications, and any related deliverables (collectively, the "Services").
"You" or "Customer" means the business owner or authorized representative who engages with our Services.
We provide digital marketing services to small and mid-sized service businesses, including:
Specific deliverables, pricing, timelines, and ownership terms for paid engagements will be documented in a separate written Statement of Work or service agreement. These Terms govern the underlying relationship; the SoW governs the specifics of a paid engagement.
By using our Services, you agree to:
Fees for paid Services will be set forth in the applicable Statement of Work or service order. Unless otherwise specified, fees are due net 15 from the date of invoice. Late payments accrue interest at 1.5% per month or the maximum permitted by Texas law, whichever is lower.
All fees are non-refundable except as expressly provided in the applicable SoW. If you dispute a charge, you must notify us in writing within 30 days of the invoice date.
Our IP. The Opti-Algo brand, software, tooling, templates, processes, methodologies, and any improvements we make to them remain our exclusive property. These Terms grant you no license to our IP except as required to use a deliverable we explicitly hand off to you.
Your IP. Your business name, logo, content, and any materials you provide to us remain your property. You grant us a limited license to use them solely to perform the Services.
Deliverables. Upon full payment of all applicable fees, you receive a perpetual non-exclusive license to use any final deliverable (e.g., a finished website) for your own business. We retain the right to use generalized learnings, frameworks, and methodologies in our other work.
Each party agrees to keep the other party's confidential business information (including pricing, strategies, internal processes, and customer lists) in confidence and not disclose it to third parties, except as required by law or to advisors bound by similar confidentiality obligations. This obligation survives termination of these Terms for three (3) years.
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
To the maximum extent permitted by Texas law:
You agree to defend, indemnify, and hold harmless ABX Group LLC, its officers, members, employees, and affiliates from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) your misuse of the Services, or (c) your violation of any law or third-party right in your use of the Services.
Either party may terminate these Terms or any active engagement at any time for any reason on thirty (30) days' written notice. Either party may terminate immediately for material breach if the breach is not cured within fifteen (15) days of written notice.
Upon termination: (a) all outstanding fees become immediately due, (b) we will stop performing the Services, (c) you may request a final export of any deliverables that have been paid for, and (d) Sections 5–8, 11, and 12 survive.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles.
Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in Travis County, Texas. The arbitrator's decision shall be final and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
Class action waiver. You and we agree that any dispute will be brought in our individual capacities, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
ABX Group LLC
5900 Balcones Dr, Ste 100
Austin, TX 78731, USA
legal@opti-algo.net