These Terms & Conditions (“Terms”) govern your use of the website optimum-fusion.com (the “Site”) and the services offered by Optimumfusion (“we,” “us,” or “our”), a digital agency based in Newton, MA. By using the Site or engaging our services, you agree to these Terms.
1. Who We Are
Optimumfusion is a full-service digital agency providing data engineering, AI and LLM solutions, full-stack web development (including WordPress and Shopify), CRM setup and optimization (including GoHighLevel funnels and automation), social media management and paid social advertising, and SEO and blog writing.
2. Use of the Site
You agree to use the Site only for lawful purposes. You may not:
- Attempt to gain unauthorized access to the Site, our servers, or any connected systems
- Use the Site to transmit harmful code, spam, or malicious content
- Copy, reproduce, or redistribute Site content without our written permission
- Scrape or harvest data from the Site using automated tools
3. Intellectual Property
All content on the Site, including text, graphics, logos, images, and design, is owned by Optimumfusion or our licensors and is protected by copyright and trademark law. You may not use, reproduce, or distribute this content without prior written consent.
Any work product we deliver to a client (websites, designs, copy, ad creatives, and similar deliverables) is governed by the terms of the applicable client agreement or proposal, not by this general Site policy. Ownership and usage rights transfer as specified in that agreement, typically upon full payment.
4. Services and Engagements
- Services and packages described on the Site are general descriptions and starting points. They do not constitute a binding offer.
- A specific engagement begins only after a signed proposal, contract, or statement of work between you and Optimumfusion.
- Project timelines, deliverables, pricing, and payment terms will be defined in that separate agreement.
- We reserve the right to decline any project or client at our discretion.
5. Payments
- Fees for services are set out in the individual client agreement or invoice.
- Late or missed payments may result in pause or termination of services.
- All fees are non-refundable unless otherwise stated in the specific client agreement.
6. Third-Party Platforms and Tools
Our services may involve the use of third-party platforms, including but not limited to WordPress, Shopify, GoHighLevel, cloud providers, AI model providers, Meta (Facebook and Instagram) Ads, and TikTok Ads. We are not responsible for outages, policy changes, account suspensions, or content moderation decisions made by these third-party platforms. Your use of those platforms is subject to their own terms of service.
7. No Guarantee of Results
While we apply industry best practices to our work, we do not guarantee specific results, including but not limited to search engine rankings, traffic, leads, conversions, or ad performance. Marketing and advertising outcomes depend on many factors outside our control.
8. Limitation of Liability
To the fullest extent permitted by law, Optimumfusion shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or our services, including but not limited to loss of profits, data, or business opportunities.
Our total liability for any claim arising from a specific engagement shall not exceed the amount you paid us for that engagement in the preceding three (3) months, unless otherwise specified in a signed client agreement.
9. Indemnification
You agree to indemnify and hold Optimumfusion harmless from any claims, damages, or expenses (including legal fees) arising from your misuse of the Site, violation of these Terms, or content you provide to us for use in your project.
10. Third-Party Links
The Site may contain links to third-party websites. We do not endorse and are not responsible for the content, privacy practices, or availability of those external sites.
11. Privacy
Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
12. Termination
We may suspend or terminate your access to the Site at any time, without notice, for conduct that violates these Terms or is otherwise harmful to our business or other users.
13. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Any disputes arising from these Terms or use of the Site shall be resolved in the state or federal courts located in Massachusetts.
14. Changes to These Terms
We may update these Terms from time to time. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
15. Contact Us
If you have questions about these Terms, contact us at:
Optimumfusion
1195 Chestnut Street, Newton, MA
Email: cedric.a.masengere@optimum-fusion.com