Terms and Conditions
This policy is effective as of June 20, 2025
By accessing the website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
SMS Messaging Terms (A2P Compliance)
1. Opt-In. SMS messages are sent only to individuals who have explicitly opted in via our dual-checkbox web form.
2. Message Types.
• Transactional: order or project updates, appointment reminders.
• Promotional: special offers, new services, educational tips.
3. Frequency. Up to 2 SMS messages per week.
4. Costs. Message & data rates may apply.
5. Opt-Out. Reply STOP to unsubscribe or HELP for help. Opt-out requests are processed immediately.
6. No Third-Party Sharing. Phone numbers are never sold, rented, or shared with unaffiliated third parties for their own marketing.
7. Privacy. All SMS data is handled in accordance with our Privacy Policy.
1. Scope of Services
Andino Digital Agency LLC offers, but is not limited to, the following Services:
- Smart Websites
- Chatbots & AI Automations
- Ad Campaigns, Funnels & Landing Pages
- Full‑stack Integrations & AI Insights
- Database Reactivation
Andino Digital Agency LLC may add, modify, or discontinue Services at its sole discretion; updated offerings will also be subject to these Terms unless stated otherwise.
2. Account Credentials & Access
a. Permission is granted to temporarily download one copy of the materials (information or software) on website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
I. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on the website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
Billing Models:
Services may be sold as one‑off projects, recurring monthly plans, or annual subscriptions. The order form or proposal will specify prices and billing cycles.
Payment Method:
All fees are payable via Stripe or another Andino Digital Agency LLC‑approved processor. Taxes, duties, or bank fees are your responsibility.
Late or Failed Payments:
If a payment attempt fails and remains unresolved for seven (7) days, Andino Digital Agency LLC may pause or terminate the affected Service and/or suspend access to dashboards until the balance is cleared.
Refunds:
Except as required by law, fees are non‑refundable once project work has commenced or a subscription cycle has started. Andino may, at its sole discretion, review requests on a case‑by‑case basis.
4. Client Obligations
Timely Materials:
You agree to provide all copy, images, credentials, approvals, and other materials in the format and quality requested by Andino within agreed timelines.
Rights to Content:
You warrant you own or have valid licenses for all materials supplied and that their use will not infringe any third‑party rights.
5. Intellectual Property
Andino Digital Agency LLC IP:
All templates, code, processes, and AI models developed by Andino remain Andino’s exclusive property. Upon full payment, Andino grants you a perpetual, non‑exclusive license to use the delivered assets for your internal business purposes.
Client IP & Data:
You retain ownership of your pre‑existing trademarks, content, and data. Andino will access such material solely to deliver the Services.
6. Use License (Website Content)
Permission is granted to temporarily download one copy of public‑facing materials for personal, non‑commercial viewing.
Under this license you may not (i) modify or copy the materials; (ii) use the materials for commercial display; (iii) attempt to reverse engineer software; (iv) remove copyright notices; or (v) mirror the materials on another server.
This license terminates automatically upon breach.
7. AI Content Disclaimer
Andino Digital Agency LLC may employ artificial‑intelligence tools to draft, edit, or analyze content. No AI‑generated output will be published without human review and your approval. Andino Digital Agency LLC makes no warranty that AI content is error‑free; final accuracy and compliance remain your responsibility.
8. Service Level & Availability
For hosted websites and chatbots managed by Andino Digital Agency LLC, we target 99 % uptime per calendar month, excluding scheduled maintenance and circumstances beyond our reasonable control (force majeure, third‑party outages, etc.).
9. Disclaimer of Warranties
Services are provided "as is" and "as available." Andino Digital Agency LLC disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non‑infringement.
10. Limitation of Liability
To the fullest extent permitted by law, Andino Digital Agency LLC’s aggregate liability arising out of or related to these Terms shall not exceed the fees paid by you for the Service giving rise to the claim during the twelve (12) months preceding the event.
11. Indemnification
You agree to indemnify and hold harmless Andino Digital Agency LLC from any claim, loss, or damage arising out of (i) your breach of these Terms, (ii) materials you supply, or (iii) your misuse of the Services.
12. Termination
Subscriptions:
Either party may terminate a monthly or annual subscription effect ive at the end of the current billing cycle by providing written notice at least five (5) days before renewal.
Immediate Termination:
Andino Digital Agency LLC may terminate immediately for non‑payment, material breach, or use by individuals or entities in U.S.‑sanctioned countries. Upon termination, all outstanding fees become due, and your access to dashboards or hosted assets may be disabled.
13. Export & Sanctions Compliance
You represent that you are not located in, or a resident of, any country or jurisdiction subject to U.S. trade sanctions and that you are not a prohibited party under applicable export laws.
14. Changes to Terms
We may revise these Terms at any time. Updated versions will be posted on our website with a new Effective Date. Continued use of the Services after changes constitutes acceptance of the revised Terms.
15. Governing Law & Venue
These Terms are governed by and construed in accordance with the laws of the State of Wyoming without regard to conflict‑of‑law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.
16. Entire Agreement
These Terms, together with any signed proposals, order forms, or online checkout pages, constitute the entire agreement between you and Andino Digital Agency LLC regarding the Services and supersede all prior agreements or communications.
Effective date: 20 June 2025
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