Our Terms of Service

TERMS OF SERVICE

Ophir Creative

Last Updated: June 29, 2026

Welcome to Ophir Creative. By accessing our website or engaging our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree, do not use our website or services.

These Terms constitute a legally binding agreement between you ("Client" or "you") and Ophir Creative LLC ("Ophir Creative," "we," "us," or "our"), a Texas-based marketing and coaching agency specializing in content strategy for real estate professionals.

1. Services

Ophir Creative provides content marketing strategy, video production guidance, copywriting, and business coaching services to real estate professionals ("Services"). The specific scope of Services for each engagement will be defined in a separate Statement of Work, Proposal, or Service Agreement (collectively, "Service Agreement") executed between the parties.

These Terms apply to all Services unless the Service Agreement expressly provides otherwise. In the event of a conflict, the Service Agreement controls.

2. Intellectual Property

2.1 Ownership of Ophir Creative Materials

All content, frameworks, methodologies, coaching materials, templates, videos, copy, training programs, and proprietary systems created by or belonging to Ophir Creative ("Ophir Creative Materials") are and shall remain the exclusive intellectual property of Ophir Creative. This includes all copyrights, trademarks, trade secrets, and other proprietary rights.

2.2 Limited License to You

Subject to your compliance with these Terms and timely payment of all fees, Ophir Creative grants you a limited, non-exclusive, non-transferable, revocable license to use Ophir Creative Materials solely for your own internal business purposes. You may not:

• Copy, reproduce, or distribute Ophir Creative Materials to third parties

• Sublicense, sell, resell, or commercially exploit Ophir Creative Materials

• Represent Ophir Creative Methods or frameworks as your own original work

• Use Ophir Creative Materials to train, develop, or create competing products or services

2.3 Client-Owned Deliverables

Unless otherwise specified in the applicable Service Agreement, finished deliverables created specifically for you (e.g., custom written copy, branded video content) become your property upon receipt of full payment. Ophir Creative retains the right to display such work in its portfolio unless you request otherwise in writing.

3. Fees, Payment, and Refunds

3.1 Fees

Fees for Services are set forth in the applicable Service Agreement or invoice. All fees are quoted and payable in U.S. dollars.

3.2 Payment Terms

Unless otherwise stated in the Service Agreement:

• Invoices are due upon receipt unless a Net-15 or Net-30 term is expressly agreed in writing

• Retainer engagements are billed in advance at the beginning of each billing period

• Project-based engagements may require a deposit of up to 50% prior to commencement of work

• Late payments accrue interest at 1.5% per month (18% per annum) from the due date until paid in full

3.3 Non-Payment / Suspension

Ophir Creative reserves the right to suspend or terminate Services immediately upon written notice if payment is not received within fifteen (15) days after the due date. Outstanding balances must be paid in full before Services resume.

3.4 Refund Policy

All fees paid are non-refundable except as follows:

• If Ophir Creative cancels a confirmed engagement without cause, a pro-rated refund of any prepaid, unused fees will be issued within thirty (30) days

• Deposits are non-refundable once work has commenced

• Refund requests for ongoing retainers must be submitted in writing at least fifteen (15) days before the next billing cycle and apply only to future unbilled periods

Ophir Creative does not issue refunds based on dissatisfaction with business outcomes, as individual results vary (see Section 4).

4. No Guarantee of Results

OPHIR CREATIVE PROVIDES MARKETING FRAMEWORKS, CONTENT STRATEGIES, AND COACHING DESIGNED TO SUPPORT YOUR BUSINESS GROWTH. HOWEVER, RESULTS VARY SIGNIFICANTLY BASED ON INDIVIDUAL EFFORT, MARKET CONDITIONS, BUSINESS DECISIONS, AND FACTORS OUTSIDE OPHIR CREATIVE’S CONTROL.

Ophir Creative makes no representation, warranty, or guarantee of:

• Specific financial results, revenue, or profit

• A defined number of leads, closed transactions, or sales

• Success in any particular real estate market

• Results within any specific timeframe

You acknowledge that you are solely responsible for your own business decisions and outcomes. Testimonials or case studies shared by Ophir Creative reflect individual experiences and are not a guarantee of similar results.

5. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OPHIR CREATIVE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPHIR CREATIVE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO OPHIR CREATIVE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL OPHIR CREATIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification

You agree to defend, indemnify, and hold harmless Ophir Creative and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the website or Services

• Your violation of these Terms

• Your violation of any third-party rights, including intellectual property rights

• Any content or materials you provide to Ophir Creative for use in connection with the Services

• Your own business operations, decisions, or outcomes

8. Acceptable Use

By using our website and Services, you agree not to:

• Use the website to transmit spam, malware, viruses, or any harmful code

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

• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website

• Use automated tools (bots, scrapers, crawlers) to access or collect data from our website

• Impersonate Ophir Creative or any of its representatives

• Violate any applicable local, state, federal, or international law or regulation

Ophir Creative reserves the right to suspend or permanently terminate access for any user who violates these terms, without notice and without liability.

9. Termination

9.1 Termination by You

You may terminate a Services engagement by providing written notice as specified in the applicable Service Agreement. You remain responsible for all fees accrued through the termination date, including any non-cancellable commitments made on your behalf.

9.2 Termination by Ophir Creative

Ophir Creative may terminate your access to Services or this agreement immediately, without penalty, if:

• You breach any material provision of these Terms and fail to cure such breach within five (5) business days of written notice

• You fail to make payment when due

• You engage in conduct that Ophir Creative reasonably determines is harmful to its business, reputation, or other clients

9.3 Effect of Termination

Upon termination, your license to use Ophir Creative Materials is immediately revoked, all outstanding balances become immediately due and payable, and Sections 2, 4, 5, 6, 7, 10, and 11 shall survive termination.

10. Third-Party Links

Our website may contain links to third-party websites or tools for your convenience. Ophir Creative does not own, operate, or control these websites and is not responsible for their content, privacy practices, or terms. Accessing third-party links is at your own risk.

11. Privacy

Your use of our website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our website, you consent to the collection and use of your information as described in the Privacy Policy. [LINK TO PRIVACY POLICY]

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or related to them shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute informally by providing written notice to the other party describing the dispute in reasonable detail. The parties shall have thirty (30) days from the date of such notice to resolve the matter.

12.3 Venue

If a dispute cannot be resolved informally, both parties consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and waive any objection to the laying of venue in such courts.

12.4 Waiver of Class Action

YOU AND OPHIR CREATIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

13. Changes to These Terms

Ophir Creative reserves the right to modify these Terms at any time. When we make material changes, we will update the “Last Updated” date at the top of this page. For active clients, we will provide at least fifteen (15) days’ written notice of material changes via email. Your continued use of the website or Services after the effective date of any changes constitutes your acceptance of the updated Terms.

14. Miscellaneous

Entire Agreement: These Terms, together with any applicable Service Agreement and Privacy Policy, constitute the entire agreement between you and Ophir Creative with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: Ophir Creative’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer your rights or obligations under these Terms without Ophir Creative’s prior written consent. Ophir Creative may assign its rights without restriction.

Force Majeure: Ophir Creative shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, governmental actions, pandemics, or internet or telecommunications failures.

No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Ophir Creative.

15. Contact Us

If you have any questions, concerns, or notices under these Terms, please contact us at:

Ophir Creative LLC

Houston, Texas

Email: [Your Email Address]

Website: [Your Website URL]

By using Ophir Creative’s website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.