TERMS & CONDITIONS

Visitivity Inc.
Last updated: November 10, 2026

Welcome to Visitivity Inc. (“Visitivity,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) explain the ground rules for using our website at https://visitivitymedia.com/ and, where applicable, working with us on creative, marketing, website, and related services.

We believe good working relationships start with clear expectations. Please read these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree to these Terms, please do not use our website. A website inquiry or visit does not, by itself, create an obligation to purchase services or enter into a paid engagement.

IMPORTANT FOR CLIENTS: Your signed proposal, statement of work, service agreement, or other written agreement with Visitivity (collectively, a “Client Agreement”) describes the services you have purchased and controls whenever it differs from these general website Terms. These Terms do not change a pre-existing signed Client Agreement unless the parties expressly agree in writing.

1. Who We Are and What We Do

Visitivity Inc. is a Florida-based creative and digital marketing agency. Depending on the project, our services may include brand strategy and design, website design and development, website support, photography and video production, content creation, search engine optimization (SEO), AI/search visibility work, social media marketing, paid advertising, customer relationship management (CRM), marketing automation, consulting, and related creative or technical services (“Services”).

Descriptions on our website are general information, not a promise that every service, feature, package, or outcome is available to every client. Specific work must be agreed upon separately.

2. Proposals, Scope, and Project Agreements

Before starting paid work, we ordinarily agree with the client on a written proposal, Client Agreement, or approved order describing the applicable scope, deliverables, fees, schedule, responsibilities, and any recurring services. Work outside the agreed scope—such as additional website pages, extra revisions, new integrations, additional filming, or expanded campaigns—may require a separate estimate or written change approval.

Only the terms expressly agreed to for your project establish the number of included revisions, project milestones, service levels, minimum engagement period, and any specific deliverable or performance commitment. Estimates and projected dates depend on timely access, feedback, materials, and third-party cooperation.

3. Client Information, Cooperation, and Approvals

To help us perform the Services, clients agree to provide reasonably requested information, brand assets, contact details, account access, project instructions, and feedback in a timely manner. Clients are responsible for ensuring that information they provide about their businesses, including qualifications, prices, product or service claims, testimonials, offers, and promotions, is accurate and lawful.

Clients represent that they own or have the necessary permission to use the materials they provide to us, including logos, images, video, text, music, customer data, and other protected content. They authorize us to use those materials as needed to perform the agreed Services.

Clients are responsible for reviewing and approving final factual claims, legal disclosures, offers, and other materials before publication or launch. We will follow the approval process established in the applicable Client Agreement. Client delays or additional change requests may affect timelines and costs, subject to that agreement.

4. Creative Process, Revisions, and Production

Creative and technical projects typically involve discovery, planning, development, review, and approval. We will use reasonable professional efforts to deliver the items specifically agreed to in writing. Revisions or new work beyond the agreed scope may be subject to additional fees, but we will communicate those charges before proceeding.

For on-location photography, filming, or production, the client is responsible for obtaining necessary access to its property and facilities, and for securing required permissions from individuals and third parties when the Client Agreement assigns those responsibilities to the client. Weather, safety conditions, location access, and other practical limitations may require reasonable scheduling adjustments.

5. Fees, Invoices, and Third-Party Expenses

Service fees, deposits, installment schedules, retainers, and payment due dates are established by the applicable proposal, invoice, checkout disclosure, or Client Agreement. Unless expressly included in the agreed scope, third-party expenses—such as advertising media spend, software subscriptions, hosting, domains, stock assets, printing, or platform usage—are separate from our service fees.

We will not represent an expense as included if it is billed separately. Any additional work or discretionary expense requiring approval under a Client Agreement will be submitted for approval before it is incurred.

If a payment becomes overdue, we may contact the client and, subject to any applicable Client Agreement and law, suspend affected work after reasonable notice. A suspension does not transfer ownership of a client's independently owned domains, advertising accounts, or other client property to Visitivity. Any permitted late charge, collection cost, tax, or other payment consequence must be stated in the applicable agreement or required by law.

6. Recurring Services, Cancellations, and Refunds

Some Services may be provided through monthly retainers, subscriptions, hosting arrangements, or fixed-term engagements. There is no universal minimum term, auto-renewal commitment, or cancellation period created by this website page alone. The applicable Client Agreement or clearly disclosed checkout terms will specify whether the service renews, how to cancel, the notice period, and any early-termination obligations.

If an engagement ends, payment remains due for services already performed and for approved noncancelable third-party commitments, to the extent stated in the applicable Client Agreement and permitted by law. Any refund, deposit treatment, or credit is governed by the applicable agreement and law; this website page does not impose a blanket “no refunds” rule.

For an account handoff or transition, we will cooperate reasonably with the client to provide materials and access the client owns or is entitled to receive, subject to agreed deliverables, security procedures, third-party licensing restrictions, and lawful outstanding payment obligations. Ongoing hosting, licenses, subscriptions, or support may end when the relevant service ends.

7. Third-Party Platforms, Tools, and Accounts

Our Services may depend on platforms and providers such as Google, Meta, website hosting and domain registrars, WordPress, social networks, email and SMS providers, payment processors, analytics systems, CRM software (including GoHighLevel), or other software and vendors. Third parties control their own prices, availability, rules, algorithms, approvals, features, and service interruptions.

We cannot guarantee a third party will approve an ad, maintain an account, preserve a feature, deliver a message, keep a ranking unchanged, or operate without interruption. Clients must comply with applicable third-party terms. We are not responsible for interruptions or restrictions caused solely by third parties beyond our reasonable control, except as otherwise agreed in writing or required by law.

8. Marketing Results and Search Visibility

Marketing is influenced by competition, customer demand, advertising budgets, consumer behavior, search engines, AI-powered answer systems, and platform policies. We work to provide thoughtful strategy and professional execution, but we do not guarantee particular Google rankings, AI search mentions, advertising approvals, numbers of leads, sales, revenue, or return on investment unless a specific written commitment says otherwise.

Any case study, testimonial, estimate, or past result describes an individual situation and should not be understood as a guarantee of similar outcomes.

9. Ownership, Intellectual Property, and Licenses

Each client retains ownership of the trademarks, logos, customer information, content, and other materials it owned before working with us. Visitivity retains ownership of its pre-existing methods, templates, proprietary tools, reusable components, know-how, and materials created independently of a client's project, unless a written agreement expressly provides otherwise.

The applicable Client Agreement determines whether final commissioned deliverables are assigned to the client or licensed for use, and when that transfer or license takes effect. If the Client Agreement is silent on ownership, then, upon full payment for the applicable work, Visitivity grants the client a perpetual, worldwide, nonexclusive license to use the approved final deliverables for the client's own business purposes, subject to third-party licenses. This default license does not include unused concepts, raw project files, proprietary internal tools, or third-party materials that cannot legally be transferred.

Any stock photography, fonts, licensed software, music, plugins, or other third-party materials remain subject to the applicable provider's license. Domain names and third-party accounts registered in the client's name remain the client's property.

10. Website and Account Access; Security

Clients should maintain appropriate control over their own domain registrations, advertising and social accounts, business profiles, and other critical accounts whenever practical. Clients are responsible for protecting passwords and restricting access to authorized personnel. We may request access needed to perform agreed work and will take reasonable steps to handle that access responsibly.

Unless a Client Agreement expressly provides otherwise, our Services do not include continuous security monitoring, legal compliance certification, unlimited backups, or uninterrupted technical support. Website maintenance, hosting, backups, restoration, and response-time commitments are defined in the applicable service scope.

11. Legal Compliance and Advertising Content

Clients are responsible for making truthful, supportable claims about their products and services, and for supplying any industry-specific disclosures and permissions required for their businesses. Advertising, reviews, influencer campaigns, websites, and customer outreach may be subject to laws and platform rules, including advertising and consumer-protection requirements.

When Visitivity creates or administers marketing on a client's behalf, each party will perform the compliance responsibilities assigned to it by the Client Agreement and applicable law. No part of these Terms excuses either party from its own legal duties.

For client-operated SMS or email campaigns: Each sending business is responsible for having appropriate customer consent, accurate privacy disclosures, unsubscribe mechanisms, and any required registrations. Visitivity's own SMS opt-in program, described in Section 23 below, does not authorize text messages to a client's contacts or transfer consent between businesses.

12. Confidentiality and Customer Data

We recognize that clients may share non-public business plans, customer information, marketing information, credentials, and other confidential materials. We will use reasonable care to protect such information and use it for the agreed business purposes, subject to any stricter confidentiality, data processing, or security requirements in the applicable Client Agreement.

Information that is already public, lawfully received from another source, independently developed, or required to be disclosed by law is not treated as confidential solely because it was shared in connection with a project. Our handling of personal information is described in our Privacy Policy. Clients using their own CRM, forms, mailing lists, or messaging programs remain responsible for their own notices and lawful use of data.

13. Portfolio and Testimonials

We may seek to feature publicly launched work, project descriptions, or approved testimonials in our portfolio or marketing materials. We will not publish a client's confidential financial information, private campaign data, or unpublished work without appropriate permission. Any logo, case study, testimonial, performance figure, or attribution will be used subject to the applicable Client Agreement and permissions.

14. Website Use and Intellectual Property

You may browse our website for lawful, personal, or business informational purposes. You agree not to attempt unauthorized access, interfere with the site's security or operation, introduce malicious code, scrape content in violation of applicable law, or misuse our contact forms.

Unless identified otherwise, website text, graphics, branding, artwork, and other original content belong to Visitivity or its licensors and are protected by applicable intellectual property laws. You may not reproduce, commercially distribute, or imply our endorsement of your business without permission, except as allowed by law.

Our website may link to third-party websites. Those sites have their own content, policies, and practices, which we do not control.

15. Website Information and Disclaimers

We aim to provide helpful and accurate website information, but website content is provided for general informational purposes and may change. To the extent permitted by law, the website itself is provided “as is” and “as available,” without a promise of uninterrupted access, error-free content, or fitness for a particular purpose. This disclaimer does not eliminate obligations we expressly undertake in a signed Client Agreement or any rights that cannot lawfully be waived.

16. Limitations of Liability

To the fullest extent allowed by applicable law, Visitivity is not liable for indirect, incidental, special, exemplary, or consequential damages, including lost profits, lost business opportunities, or lost data, arising from website use or Services. For claims relating to paid Services, our aggregate liability will not exceed the amount the client paid Visitivity for the Services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim, unless the applicable Client Agreement provides otherwise.

These limitations do not apply to liabilities that cannot legally be limited, and do not restrict a remedy expressly promised in a signed Client Agreement. A Florida attorney should review this provision for your actual offerings and contracting process.

17. Third-Party Claims

To the extent permitted by law, a client agrees to defend and indemnify Visitivity against third-party claims arising from content or instructions the client supplied that infringe others' rights, make unlawful or misleading representations, or violate applicable law, except to the extent the claim results from Visitivity's own wrongful conduct. Any more specific allocation of responsibilities, defense procedures, or indemnification rights in a Client Agreement controls.

18. Events Beyond Reasonable Control

Neither party is responsible for delays caused by events beyond its reasonable control—such as hurricanes, severe weather, major power outages, platform outages, government actions, or network disruptions—except for payment obligations already accrued and any duties that applicable law does not excuse. Affected parties should communicate promptly and make reasonable efforts to resume performance.

19. Resolving Concerns; Florida Law

If a concern arises, we encourage the parties to communicate directly and seek a practical resolution first. These Terms are governed by Florida law, without regard to conflict-of-law principles. Subject to an applicable Client Agreement and mandatory legal requirements, legal proceedings concerning these Terms should be brought in the state or federal courts having jurisdiction in Lee County, Florida. Nothing here creates mandatory arbitration, waives a jury trial, or overrides any dispute-resolution process that the parties expressly agreed to in writing.

20. Changes to These Terms

We may update these website Terms to reflect changes in our website, Services, operations, or legal requirements. The date at the top will identify the latest version. Changes will apply prospectively to website use after posting and will not unilaterally rewrite a signed Client Agreement. Where notice is required by law or contract, we will provide it.

21. General Provisions

If a court finds one provision unenforceable, the remaining provisions will continue to apply to the extent permitted by law. A failure to enforce a provision on one occasion does not automatically waive it for the future. These Terms do not create an employment relationship, partnership, or joint venture between website visitors and Visitivity.

22. Contact Information

For questions about these Terms or about our Services, please contact:

Visitivity Inc.
116 Aviation Parkway
Cape Coral, FL 33904
Phone: 239-878-4641
Website: https://visitivitymedia.com/

Written notices related to a specific client engagement should be sent using the notice instructions in the applicable Client Agreement or by mail to the address above.

23. SMS Messaging Terms & Conditions

Program name: Visitivity Inc. SMS Messaging Program

These SMS terms apply only to text messages sent by Visitivity Inc. under its own brand and texting program. They do not govern separate messaging programs operated by our clients or other businesses.

23.1 What Messages We Send

If you separately consent to non-marketing texts, we may send appointment confirmations, appointment reminders, responses to your inquiries, customer service communications, and relevant project or service updates. If you separately consent to marketing texts, we may send information about Visitivity services, announcements, and promotions. We only send messages consistent with the consent you have provided.

23.2 Your Choice and Consent

Receiving SMS messages is optional. Marketing and non-marketing messaging are separate consent choices. Providing a mobile phone number, submitting a website form, accepting these Terms, or purchasing a service does not by itself provide consent to receive marketing SMS messages. Consent to receive marketing texts is not a condition of purchase or service. You may choose neither, either, or both categories as offered on the form. SMS consent is not shared or transferred to other businesses.

23.3 Message Frequency and Charges

Message frequency may vary based on your interactions with us, the services you request, and the categories to which you have subscribed. Message and data rates may apply according to your wireless carrier's plan.

23.4 Opting Out

Reply STOP to any text message from Visitivity Inc. to opt out. We may send one final confirmation of the opt-out. You will not receive further messages covered by that opt-out unless you opt in again through an appropriate consent process.

23.5 Help and Support

Reply HELP for assistance, or call 239-878-4641.

23.6 Carrier Disclosure

Carriers are not liable for delayed or undelivered messages. Wireless networks and carriers may affect delivery.

23.7 Privacy and Mobile Data

We do not sell or share your SMS opt-in data or personal information with third parties for marketing purposes. No mobile information will be shared with third parties or affiliates for their marketing or promotional purposes. Service providers supporting our messaging operations may process information only to deliver the services on our behalf, subject to applicable restrictions. For more information, see our Privacy Policy.

23.8 SMS Contact Information

Visitivity Inc.
116 Aviation Parkway
Cape Coral, FL 33904
Phone: 239-878-4641
Website: https://visitivitymedia.com/

Important: Website Terms, including this SMS section, do not replace the separate, optional, unchecked SMS opt-in checkbox(es) that must appear wherever we collect messaging consent.