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Terms of Service

Effective date and last updated: October 19, 2026

1. Scope and website use

These terms cover use of the Viva Design Co. website at vivadesignco.com and transactional SMS communications when available. They do not create a service engagement, amend an existing client agreement, or replace a separately executed proposal, statement of work, or service agreement.

Use the website lawfully. Do not attempt unauthorized access, interfere with operation or security, submit malicious or unlawful content, or use website forms to send spam. Website information is general information about our services, not a guarantee that a particular service, integration, price, or result is available.

2. Services and client agreements

Viva Design Co. offers creative, brand, web, technology, marketing, content, and related services. Project scope, deliverables, fees, payment terms, schedules, revisions, support, cancellation, and ownership arrangements are established in the applicable client agreement.

If these website terms conflict with a separately executed client agreement regarding services covered by that agreement, that agreement controls. Payment, refund, service, and client-work usage rights remain governed by the applicable agreement.

3. Client responsibilities

For a project, provide accurate information, timely feedback, and the approvals and access required by the applicable agreement. Supply only materials you are authorized to provide and use. Protect access credentials and avoid sharing them through general inquiry forms.

Responsibilities for fees, content approval, third-party accounts, permissions, and regulatory compliance are governed by the applicable agreement. Website inquiries do not themselves authorize Viva to make changes to your accounts or systems.

4. Intellectual property

Website content, design, branding, and other materials are owned by Viva Design Co. or their respective rights holders. You may view the website for legitimate informational purposes. Other copying, distribution, modification, or commercial use requires permission unless permitted by applicable law.

Third-party names and marks belong to their owners. Ownership or licensing of client materials, final deliverables, working files, and reusable tools is determined by the applicable client agreement. No automatic transfer of intellectual property occurs merely by visiting the website or submitting an inquiry.

5. Third-party services and integrations

The website and client-intake paths use or link to third-party technologies. A provider's own terms and privacy practices may govern your direct use of that service. Viva does not control third-party availability, changes, or policies.

The platforms and integrations available to you depend on your services and applicable client agreement. A reference to a platform does not mean every feature is available or included in your engagement. See the Privacy Policy for information about website technologies, service providers, and Viva platforms.

6. SMS Terms — Transactional Billing Notifications

Program identity: Viva Design Co. Transactional Billing Notifications.

You may provide optional consent to receive automated transactional text messages from Viva Design Co. at the phone number you provide about invoices, outstanding balances, payment reminders, and account notifications. Transactional SMS sending is not currently active. Providing consent records your permission and does not trigger an immediate message. These SMS terms apply when the program becomes available.

Customers who opt in may receive automated transactional text messages about invoices, outstanding balances, payment reminders, and account notifications. This program does not include promotional messages. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase.

SMS consent is separate from general website or service acceptance. Entering a phone number on a contact form or accepting general website terms alone does not enroll you. Consent applies to the specific Viva Design Co. program you choose.

For the program when available, reply STOP to opt out. After opting out, you may receive a final confirmation, but no further program messages unless you provide new valid consent.

For the program when available, reply HELP for assistance. You can also contact CustomerSupport@vivadesignco.com or +1 (505) 908-7053.

Carriers are not liable for delayed or undelivered messages. SMS delivery is not guaranteed and should not be the sole way you track invoice deadlines or account obligations. Opting out does not alter amounts owed, payment deadlines, or the applicable client agreement.

These Terms of Service and the Privacy Policy govern the program. Mobile information, SMS opt-in information, and SMS consent are not sold or shared with third parties or affiliates for marketing or promotional purposes. Authorized communications providers may process information needed to deliver or support requested messages, not for their independent marketing.

7. Website disclaimers and limitations

To the extent permitted by applicable law, general website information is provided as available without a guarantee of uninterrupted access, complete accuracy, or suitability for a particular purpose. Website descriptions do not guarantee marketing, revenue, search-ranking, or other business outcomes.

To the extent permitted by applicable law, Viva is not responsible for indirect or consequential losses arising solely from use of the informational website or reliance on third-party links. Nothing here excludes liability or rights that cannot lawfully be excluded. Service-specific warranties and liability provisions remain governed by the applicable client agreement.

8. Privacy, updates, and contact

Review the Privacy Policy for information about data collection, website technologies, privacy requests, and SMS preferences. Questions about these terms may be directed to CustomerSupport@vivadesignco.com or +1 (505) 908-7053.

We may update these terms to reflect changes to the website or messaging program. The date above identifies the latest revision. Notice will be provided where required by applicable law. Updates to these website terms do not amend separately executed client agreements.

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