These Terms of Service ("Terms") govern your access to and use of the website, content, and services provided by Kivik Digital Group LLC ("Kivik Digital Group," "we," "us," or "our"), a Texas limited liability company located in Frisco, Texas, United States. By accessing our website, submitting an inquiry, engaging our services, or opting in to our SMS messaging program, you agree to be bound by these Terms.
1. Acceptance of Terms
If you do not agree to these Terms, do not use our website or services. If you are using our services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. Our Services
Kivik Digital Group provides AI-driven business optimization, workflow automation, revenue-recovery systems, predictive analytics and reporting, custom AI systems, and integration services for mid-market and enterprise businesses. Example engagements include AI Automation Reviews, Revenue Leak Reviews, customer-care and lead-follow-up automation, AI appointment-booking workflows, CRM and pipeline automation, and industry-specific consultations such as the HVAC Revenue Leak Audit for HVAC operators. Specific deliverables, fees, timelines, and acceptance criteria for any paid engagement are governed by a separate written agreement (the "Engagement Agreement") signed by both parties. Nothing on this website constitutes such an agreement or a binding offer.
3. Eligibility and Account Use
You must be at least 18 years old and capable of entering into a binding contract to use our services. You agree to provide accurate, current, and complete information in any inquiry or form you submit and to update it promptly if it changes.
4. SMS Messaging Terms
4.1 Program description
Our SMS program sends customer-care, appointment-reminder, and limited follow-up messages to recipients who have opted in (via our website forms) or have an existing business relationship with us. The program is conversational and transactional in nature, not bulk promotional broadcasting.
4.2 Consent
By providing your mobile phone number and checking the SMS consent box on our website — or by opting in verbally during an existing business interaction — you expressly authorize Kivik Digital Group to send you SMS messages of the types described in our Privacy Policy and SMS Terms. SMS consent is never a condition of any purchase.
4.3 Frequency, charges, and opt-out
- Message frequency may vary based on your inquiry, scheduled appointments, and active engagements.
- Message and data rates may apply. Kivik Digital Group does not charge for messages, but your carrier may charge for SMS or data usage.
- Reply STOP at any time to unsubscribe. Reply HELP for assistance.
- Carriers are not liable for delayed or undelivered messages.
4.4 No third-party sharing of mobile data
Mobile phone numbers and SMS opt-in consent collected by Kivik Digital Group are not sold, shared, transferred, or otherwise disclosed to third parties or affiliates for marketing or promotional purposes. See the Privacy Policy for the full disclosure.
5. Acceptable Use
You agree not to:
- Use our website or services in violation of any law, regulation, or third-party right.
- Submit false, misleading, or unauthorized information — including phone numbers you do not own or have permission to use.
- Interfere with or disrupt the website, our infrastructure, or other users' access.
- Attempt to access non-public areas, accounts, or systems without authorization.
- Use automated tools to harvest, scrape, or extract data from our website, except where expressly permitted.
6. Intellectual Property
All content on our website — including text, graphics, logos, code, and design — is owned by Kivik Digital Group or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the website for its intended purpose. No other rights are granted by implication or otherwise.
Materials produced under an Engagement Agreement are governed by the intellectual-property terms of that agreement.
7. Confidentiality of Submissions
Information you submit through our website is treated in accordance with our Privacy Policy. We may use ideas, suggestions, or feedback you voluntarily submit without obligation, except where expressly governed by an Engagement Agreement or written non-disclosure agreement.
8. Disclaimers
The website and all content, information, and materials are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Kivik Digital Group disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the site will be uninterrupted, error-free, or secure.
Information on the website is for general business informational purposes and does not constitute professional, legal, financial, or technical advice. Outcomes referenced on the site (such as percentage ranges) are illustrative; actual results depend on your specific circumstances and the terms of an Engagement Agreement.
9. Limitation of Liability
To the fullest extent permitted by law, Kivik Digital Group, its officers, members, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the website or these Terms, regardless of legal theory, even if advised of the possibility of such damages. Our aggregate liability for all claims arising from or relating to these Terms or the website will not exceed one hundred U.S. dollars (US$100). Liability under any Engagement Agreement is governed solely by that agreement.
10. Indemnification
You agree to indemnify, defend, and hold harmless Kivik Digital Group from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the website or services, (b) your violation of these Terms, (c) your violation of any law or third-party right, including providing a mobile number without authorization to do so.
11. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the website is the state or federal courts located in Collin County, Texas, and you consent to personal jurisdiction in those courts.
12. Dispute Resolution
Before filing a claim, you agree to first contact us in writing at info@kivikdigitalgroup.com and attempt to resolve the dispute informally for at least 30 days. If we cannot resolve it informally, the dispute will be resolved as set out in Section 11.
13. Termination
We may suspend or terminate your access to the website at any time, with or without notice, for any reason, including a breach of these Terms. Sections that by their nature should survive termination (including Sections 6, 8, 9, 10, 11, 12, and 14) will survive.
14. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of the website after changes are posted constitutes acceptance of the updated Terms.
15. Contact Us
Kivik Digital Group LLC
Frisco, TX 75034
United States
Email: info@kivikdigitalgroup.com
Phone: +1 (405) 277-0003