Terms & Conditions

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Effective Date: March 18, 2026

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These Terms & Conditions ("Terms") govern your use of Visibylity's website at Visibylity.com and any services provided by Visibylity, LLC ("Visibylity," "we," "us," or "our").

 

By accessing our website, submitting an inquiry, or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

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1. Who We Are

 

Visibylity is a creative growth agency based in Utah, specializing in helping local home service and trade businesses — including plumbers, electricians, HVAC technicians, roofers, landscapers, and similar trades — build their digital presence, earn trust, and attract more customers.

Our services include, but are not limited to:

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• Website design and management

• Brand identity and creative development

• Digital marketing strategy and execution

• Reputation and trust-building campaigns

• Lead generation and conversion optimization

• Business growth consulting

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2. Use of Our Website

 

You agree to use Visibylity.com only for lawful purposes and in a way that does not infringe the rights of others. You must not:

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• Use the site to transmit spam, malware, or harmful content

• Attempt to gain unauthorized access to any part of our systems

• Misrepresent your identity or affiliation when submitting inquiries

• Scrape, copy, or reproduce our content without written permission

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We reserve the right to restrict or terminate access to our website at our sole discretion, at any time, without notice.

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3. Services & Agreements

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3.1 Service Agreements

 

All creative and marketing services provided by Visibylity are subject to a separate written Service Agreement or Statement of Work signed by both parties. These Terms apply in addition to any such agreement. In the event of a conflict, the signed Service Agreement will govern.

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3.2 No Guarantee of Results

 

Marketing and digital services involve inherent uncertainty. Visibylity makes no guarantees of specific outcomes, including but not limited to: search rankings, lead volume, revenue increases, or booking rates. We commit to professional execution and best-practice strategies, but results depend on many factors outside our control, including your market, competition, and operational factors.

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3.3 Client Responsibilities

 

To deliver effective results, you agree to:

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• Provide accurate, complete, and timely information when requested

• Respond to our communications within agreed-upon timelines

• Grant us appropriate access to platforms, accounts, or materials needed to perform services

• Obtain all necessary permissions for content, images, or trademarks you provide to us

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Delays caused by your failure to fulfill these responsibilities may affect project timelines and are not the liability of Visibylity.

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4. Fees & Payments

 

Payment terms, pricing, and billing schedules are outlined in your individual Service Agreement. General terms that apply unless otherwise stated:

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• Invoices are due upon receipt unless a net payment term is specified in writing

• Late payments may incur a 1.5% monthly interest charge on the outstanding balance

• We reserve the right to pause or suspend services for accounts more than 30 days past due

• All fees are non-refundable unless explicitly stated otherwise in your Service Agreement

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We are not responsible for fees charged by third-party platforms (e.g., ad spend, software subscriptions) that are separate from our service fees.

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5. Intellectual Property

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5.1 Our Content

 

All content on Visibylity.com — including text, graphics, logos, images, and branding — is the property of Visibylity LLC and protected under applicable copyright and trademark law. You may not reproduce, distribute, or use our content without prior written consent.

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5.2 Work Product

 

Upon receipt of full payment, creative work product produced specifically for you (such as your logo, website design, or marketing copy) will become your property, unless otherwise stated in your Service Agreement. We retain the right to display completed work in our portfolio unless you request otherwise in writing.

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5.3 Pre-Existing Materials

 

Visibylity retains ownership of all proprietary tools, templates, frameworks, and methodologies used in delivering services. Providing services to you does not transfer ownership of these materials.

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6. Confidentiality

 

Each party agrees to keep the other's confidential business information private and not to disclose it to third parties without written consent. This includes, but is not limited to, pricing, strategies, client data, and proprietary processes. This obligation survives termination of any service engagement.

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7. Third-Party Platforms & Tools

 

We may use third-party software platforms (such as GoHighLevel, Wix, Zapier, Google, and others) to deliver services. Your use of or data within these platforms is also subject to their respective terms of service and privacy policies. Visibylity is not responsible for third-party platform outages, policy changes, or data handling practices.

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8. Limitation of Liability

 

To the maximum extent permitted by Utah law, Visibylity and its owners, employees, contractors, and agents shall not be liable for:

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• Indirect, incidental, consequential, or punitive damages

• Loss of revenue, business, data, or goodwill

• Any damages arising from your reliance on content or services provided

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Our total aggregate liability to you for any claim shall not exceed the total fees paid by you to Visibylity in the three (3) months preceding the claim.

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9. Disclaimer of Warranties

 

Visibylity's website and services are provided on an "as is" and "as available" basis without warranties of any kind — express or implied — including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website will be error-free, secure, or continuously available.

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10. Indemnification

 

You agree to indemnify, defend, and hold harmless Visibylity, LLC and its members, officers, employees, and contractors from any claims, liabilities, damages, and expenses (including reasonable attorney's fees) arising out of your:

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• Breach of these Terms

• Violation of any applicable law or third-party rights

• Misuse of our website or services

• Content or materials you provide to us

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11. Termination

 

Either party may terminate a service engagement according to the terms in your signed Service Agreement. Visibylity reserves the right to immediately suspend or terminate access to services for material breach of these Terms. Upon termination, all outstanding balances become immediately due and payable.

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12. Governing Law & Dispute Resolution

 

These Terms are governed by the laws of the State of Utah, without regard to conflict of law provisions. Any disputes arising under these Terms shall first be attempted to be resolved informally. If informal resolution fails, disputes shall be resolved through binding arbitration in Utah County, Utah, under the American Arbitration Association rules. You waive the right to participate in any class action proceedings.

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13. Changes to These Terms

 

We may update these Terms at any time. The updated version will be posted on our website with a revised effective date. Your continued use of our website or services after changes are posted constitutes your acceptance of the updated Terms.

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14. Contact Us

 

Questions about these Terms? Contact us:

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Visibylity, LLC

Utah, United States

Email: Legal@Visibylity.com

Website: https://www.Visibylity.com