These terms are an agreement between you and Digital Vibes Design, a sole proprietorship operated by Roberto Cerda in Salinas, California (“Digital Vibes”, “we”, “us”). They cover digitalvibes.design, the store at shop.digitalvibes.design, our AI assistant, and every service you buy from us unless a signed proposal says otherwise.
By using the site or placing an order you accept these terms. If you don’t accept them, don’t use the site or buy from us.
1. What we sell
Websites, Google Business Profile optimization and management, local SEO, AI chat and booking agents, ads management, and related professional services. Everything we sell is a digital service. Nothing physical is manufactured, packaged or shipped to you.
The scope of a given engagement is whatever the product page, plan description or written proposal says. If a proposal and these terms disagree about scope, the proposal wins; on everything else, these terms control.
2. Orders, prices and taxes
- Prices are in US dollars and are shown on the product page or in your proposal.
- Checkout is hosted by Shopify or Stripe. Your order is accepted when payment is confirmed and you receive a confirmation email.
- We may correct pricing or description errors and cancel an affected order with a full refund. We won’t ship you a surprise invoice.
- Applicable sales tax is added at checkout where required.
- You are responsible for the accuracy of the billing information you provide.
3. Subscriptions and renewals
Monthly plans (for example Starter Presence at $59/month, or Google Business Profile management at $550/month) renew automatically on the same day each month, charged to the payment method on file, until you cancel.
- Cancel any time by email, phone or chat, or from your Shopify account where the plan allows it.
- Cancellation takes effect at the end of the period you’ve already paid for. Service continues until then.
- We do not pro-rate partial months. The full policy, including one-time services and the 60-day guarantee, is on the Refunds & Cancellations page.
- If a payment fails we may retry it and pause service until it clears.
- We may change subscription pricing with at least 30 days’ notice before it applies to your plan.
4. What we need from you
An honest project needs a responsive client. You agree to:
- Give us accurate business information, and the content, photos, logos and access we need to do the work.
- Confirm you have the right to use everything you send us, and grant us the license needed to publish it on your behalf.
- Respond to review requests within a reasonable time. Work paused on your side may push the timeline on ours.
- Keep your own accounts (domain, Google, Meta, hosting) secure, and tell us promptly if access changes.
We can decline or end an engagement involving illegal activity, hate content, adult content, deceptive claims, or anything that would put our vendors’ accounts at risk.
5. Ownership and license
- You own your content: your text, photos, logo, brand and business data. You keep them.
- You own the delivered site once it’s paid for on a one-time build. On monthly plans, the site is licensed to you while the subscription is active, and the design files become yours at 12 months of continuous service.
- We keep our tools: reusable components, templates, code libraries, internal prompts and processes we brought to the project or built for general use. Nothing in an engagement transfers those.
- Portfolio rights: we may show the public-facing work in our portfolio and marketing, unless you ask us in writing not to.
- Third-party fonts, plugins, images and services stay under their own licenses.
6. The AI assistant
The chat and voice assistant on this site is an automated tool. It is helpful, and it is not a person, not a contract, and not a quote. Prices, timelines and recommendations it gives are informational estimates. Nothing it says binds us until it’s confirmed in writing by a human. Don’t send it sensitive information; see the Privacy Policy.
7. Results are not guaranteed
We are good at this and we still can’t promise a specific ranking, a number of calls, a conversion rate, or revenue. Google, Meta and every other platform own their algorithms and change them without telling us. Anyone promising you a #1 ranking is selling you something.
What we do commit to is the scope in your proposal, delivered on the timeline we agreed, plus the guarantee described on the Refunds & Cancellations page.
8. Third-party platforms
Delivering the work usually requires accounts you own on platforms we don’t control: Google, Meta, Shopify, Stripe, your domain registrar, your host. We aren’t responsible for their outages, policy changes, suspensions or fees. If a platform suspends your account for something outside our work, we’ll help you appeal, but we can’t overrule them.
9. Acceptable use of this site
Don’t attack, scrape at scale, reverse engineer, overload, or attempt to break the site, the store or the assistant. Don’t use the assistant to generate illegal or abusive content. Don’t impersonate someone else. We may block access for any of the above.
10. Disclaimer of warranties
The site and the services are provided “as is” and “as available” to the fullest extent the law allows. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t warrant that the site will be uninterrupted or error-free.
Some states don’t allow these exclusions, in which case they apply to you only as far as that state permits.
11. Limitation of liability
To the fullest extent permitted by law, Digital Vibes is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or lost goodwill, even if we were told those were possible.
Our total liability for any claim relating to the services is limited to the amount you paid us in the three months before the event giving rise to the claim.
12. Indemnity
You agree to indemnify and hold us harmless from claims arising out of content you supply, your use of the services in violation of these terms, or your violation of someone else’s rights.
13. Termination
Either of us may end an ongoing engagement with written notice. Fees for work already performed remain due. On termination we’ll hand over the deliverables you’ve paid for. Sections 5, 10, 11, 12 and 14 survive.
14. Governing law and disputes
These terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Before filing anything, email us at hey@digitalvibes.design and give us 30 days to resolve it; most problems die quietly at this step. If that fails, the exclusive venue is the state or federal courts located in Monterey County, California, and we each consent to their jurisdiction.
Nothing here prevents either of us from bringing a claim in small claims court.
15. Everything else
- If a provision is unenforceable, the rest stays in force.
- Not enforcing a term once doesn’t waive it later.
- You may not assign this agreement without our consent; we may assign it in a sale of the business.
- These terms, plus your proposal and our posted policies, are the entire agreement between us.
16. Changes
We may update these terms; the “Last updated” date at the top changes when we do. Continuing to use the site or your subscription after an update means you accept the new version. Material changes to an active subscription get at least 30 days’ notice.
17. Contact
Digital Vibes Design Salinas, California, United States Email: hey@digitalvibes.design Phone: (831) 214-4827