Last Updated: 09/19/2025

This website is owned and maintained by Optivert, LLC (“Optivert,” “Agency,” “we,” “our,” or “us”). By using this website and/or engaging with Optivert, you (“Client,” “you,” or “your”) are entering into this Agreement with Optivert, LLC and indicating that you agree to these Terms of Service.

If you do not agree with these terms and conditions, please do not use this website or our services. You may contact us if you have any questions.

1. No Guarantee of Results

Regardless of any perceived representation to the contrary, Optivert does not guarantee any specific result for the Client. Client understands and agrees that they are paying Optivert for services designed to generate results, but outcomes are not guaranteed.

The Client acknowledges that Optivert has no control over advertising platforms (including, but not limited to, Google and Meta), and these platforms may change their algorithms, policies, or practices at any time.

2. Non-Disparagement

The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or their principals, agents, officers, owners, directors, or employees during the Term or after termination of this Agreement.

This provision applies to all forms of communication, including social media and online forums. Nothing herein shall prevent any Party from making truthful statements in connection with legal proceedings or investigations by governmental authorities.

3. Limitation of Liability

Optivert warrants that marketing services, as outlined in a formal proposal, will be provided in accordance with this Agreement. However, Optivert makes no additional warranties, express or implied, regarding the performance of its services.

• Disclaimer of Liability: Except as expressly stated herein:
  (a) Optivert shall have no liability for any services provided, including liability for negligence.
  (b) Client receives no warranties, express, implied, statutory, or otherwise.
  (c) Optivert specifically disclaims any warranty of merchantability or fitness for a particular purpose.
• Maximum Liability: In no event shall Optivert’s maximum aggregate liability in connection with this Agreement exceed the monthly fee paid by the Client during the three (3) months preceding the claim.
• Exclusion of Damages: In no event shall Optivert be liable for indirect, special, consequential, incidental, or exemplary damages, including (but not limited to) loss of profits, business interruption, data loss, goodwill, or computer failure.

4. Force Majeure

Neither Party shall be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of God, war, terrorism, epidemics, strikes, utility failures, or government actions. Lack of funds shall not be considered a Force Majeure event.

5. Default

If the Client fails to pay any fees or charges under this Agreement, Optivert may immediately pause or suspend services until payment is received, in addition to pursuing other available remedies.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

7. Attorney’s Fees

In any litigation, arbitration, or dispute arising under or related to this Agreement, each Party shall be entitled to recover reasonable attorney’s fees and costs.

8. Entire Agreement

This Agreement constitutes the entire agreement between the Parties regarding the subject matter herein and supersedes all prior agreements, whether written or oral.

Amendments must be in writing and signed by both Parties.

9. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Assignment & Successors

Neither Party may assign or transfer its rights or obligations under this Agreement without prior written consent from the other Party. Subject to this, the Agreement shall be binding upon and inure to the benefit of the Parties and their permitted successors and assigns.

11. Effective Date

The Client agrees to be bound by the terms of this Agreement as of the Effective Date, defined as the date of the kickoff meeting between the Client and Optivert.

Contact Us

If you have any questions about this Agreement, please contact us:

Optivert, LLC
Email: [sales@optivert.co]

‍