Effective date: October 24, 2026
Last updated: October 24, 2026
These Terms of Service (“Terms”) apply to your use of https://aquavitacreative.com (the “Site”) and the Aqua Vita Creative text messaging program. Aqua Vita Creative (“Aqua Vita Creative,” “we,” “us,” or “our”) is a family-owned marketing agency based in Jenks, Oklahoma. By using the Site or opting in to our text messages, you agree to these Terms. If you do not agree, do not use the Site.
1. Using the Site
You may use the Site to learn about our services, contact us, schedule a call, and sign up for services. You agree not to:
- Use the Site for anything unlawful.
- Submit false information or information about someone else without permission.
- Submit health or medical information through the forms on the Site.
- Try to access parts of the Site or our systems you are not authorized to access.
- Interfere with the Site’s security or operation, including by sending spam, malware, or automated traffic.
- Copy or scrape Site content for commercial use without our written permission.
We may limit or block access to the Site for anyone who breaks these Terms.
2. SMS / Text Messaging Program Terms
Program name: Aqua Vita Creative
Program description: When you opt in, Aqua Vita Creative may send text messages about your inquiry, appointment and call scheduling and reminders, project and account updates, Website Care notices, billing reminders, and occasional information about our services.
- How to opt in: Check the SMS consent box on one of our forms, or give us your consent in another clear way. Consent is optional and is not a condition of buying any product or service.
- Message frequency: Message frequency varies.
- Cost: Msg & data rates may apply. Check with your mobile carrier for details about your plan.
- Opt out: Reply STOP to any message at any time to cancel. You will receive one final message confirming you have been unsubscribed. To rejoin, opt in again or reply START.
- Help: Reply HELP for help, or contact us at info@aquavitacreative.com or (918) 518-5907.
- Carriers: Carriers are not liable for delayed or undelivered messages.
- Privacy: Your mobile information will not be shared or sold to third parties or affiliates for marketing or promotional purposes. See our Privacy Policy at https://aquavitacreative.com/privacy-policy.
3. Our services and payments
Information on the Site describes our services in general terms. It is not an offer or a contract. Our work for each client, including Website Care plans, is governed by the signed proposal or contract for that client.
- Website Care payments: Recurring Website Care payments made through the Website Care Plan Contract form are handled under the terms of your signed proposal or contract. Card payments are processed by Stripe, our main payment processor, and by Authorize.Net, which we still use for some accounts while we phase it out. Card data is handled by Stripe or Authorize.Net and is not stored by Aqua Vita Creative.
- Signed proposals control: If a signed proposal or contract says something different from these Terms, the signed proposal or contract controls for that client relationship.
4. Intellectual property
The Site and its content, including text, graphics, logos, images, videos, and design, belong to Aqua Vita Creative or the people who licensed it to us. They are protected by copyright, trademark, and other laws. You may view and print Site pages for your own personal, non-commercial use. You may not copy, change, distribute, or reuse Site content without our written permission.
Client work, such as websites, branding, and marketing materials we create for clients, is covered by the ownership terms in each client’s signed proposal or contract, not by this section.
Portfolio pieces and case studies on the Site may include client names, logos, and work, which belong to those clients and are shown with their permission.
5. Information you submit
When you send us information through the Site, you confirm it is accurate and that you have the right to share it. How we handle personal information is explained in our Privacy Policy at https://aquavitacreative.com/privacy-policy.
6. Third-party links and tools
The Site may link to or include content from other websites and services. We do not control them and are not responsible for their content, policies, or practices.
7. No warranties
The Site and its content are provided “as is” and “as available.” We try to keep information accurate and up to date, but we do not promise that the Site will be error-free, secure, or always available, or that the content is complete or current. To the fullest extent allowed by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Blog posts, articles, and tips on the Site are general information, not professional advice for your specific situation.
8. Limitation of liability
To the fullest extent allowed by law, Aqua Vita Creative and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from your use of the Site or the text messaging program. Our total liability for any claim related to the Site or the text messaging program will not exceed one hundred U.S. dollars ($100).
This section does not limit liability under a signed client proposal or contract, which has its own terms.
9. Indemnification
You agree to defend and hold harmless Aqua Vita Creative from claims, damages, and costs (including reasonable attorney fees) that result from your misuse of the Site or your violation of these Terms.
10. Governing law
These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict of law rules. Any dispute related to these Terms or the Site will be brought in the state or federal courts located in Tulsa County, Oklahoma, and you agree to the jurisdiction of those courts.
11. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the “Last updated” date at the top. Continuing to use the Site after changes are posted means you accept the updated Terms.
12. Other terms
If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce any part of these Terms is not a waiver. These Terms, together with our Privacy Policy, are the full agreement between you and us about use of the Site. Signed client proposals and contracts are separate agreements.
13. Contact us
Aqua Vita Creative
11319 S Locust Ave
Jenks, OK 74037
info@aquavitacreative.com
(918) 518-5907