Terms of Use

1. Acceptance of Terms

By accessing or using https://oakwindstudio.com (the “Site”), you agree to be bound by these Terms of Use. If you do not agree, please do not use the Site. Paid engagements are governed by a separate written Engagement Agreement, not these Terms.

2. Use of the Site

You may use this Site for lawful purposes only. You agree not to:

• Use the Site in any way that violates applicable law or regulation
• Attempt to gain unauthorized access to any part of the Site or its servers
• Transmit any unsolicited or unauthorized advertising or promotional material
• Interfere with or disrupt the integrity or performance of the Site

3. Intellectual Property

All content on this Site — including text, graphics, logos, and code — is the property of OakWind Studio and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from any Site content without our prior written permission.

4. Disclaimer of Warranties

This Site is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We make no representations regarding the accuracy or completeness of any content on the Site.

5. Limitation of Liability

To the fullest extent permitted by law, OakWind Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, this Site or its content. Our total liability for any claim arising from your use of the Site is limited to fifty dollars ($50).

6. Third-Party Links

This Site may contain links to third-party websites. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7. Service Terms Summary (Non-Binding)

The following is a plain-English summary of the terms we use in our Engagement Agreements. The signed Engagement Agreement controls — this summary is provided so prospective clients understand the shape of the deal before booking a Live Audit.

7.1 Guarantee Structure

Local tier includes a 20-qualified-leads-in-60-days guarantee. Growth tier includes a 35-qualified-leads-in-60-days guarantee. Custom tier includes a custom-scoped lead guarantee defined in the signed Engagement Agreement. Specific setup fees and monthly retainers are scoped during the Live Audit and stated in the signed Engagement Agreement. If we fail to deliver the guaranteed lead count within the guarantee window, your setup fee is refunded in full. The guarantee covers refund of the setup fee only — we do not pay additional damages on top of the refund. Monthly fees paid during the guarantee window are non-refundable, as they compensate the system maintenance and ad management labor delivered.

7.2 What Counts as a Qualified Lead

A “qualified lead” is defined in the Engagement Agreement before launch — typically a real person within the client’s defined service area who has completed the landing-page form or called the tracked number with intent to purchase the client’s service. Definitions are agreed in writing before campaigns launch to avoid disputes at the 60-day mark. Spam, duplicates, competitors, wrong-number calls, and leads outside the agreed service area do not count toward the guarantee.

7.3 Ad Spend Pass-Through

Ad spend is paid directly by the client to Meta and Google on ad accounts that the client owns. The monthly management fee does not include ad spend. We will recommend a starting budget during the Live Audit and refine it post-launch. Clients are responsible for their own ad spend, billing disputes with ad platforms, and credit-card-on-file authorizations.

7.4 Client Conditions for Guarantee

The guarantee is contingent on the client (a) maintaining the recommended minimum ad budget, (b) responding to AI-receptionist transfers and CRM-flagged hot leads within a reasonable time window (typically 60 minutes during business hours, defined in the Engagement Agreement), (c) not pausing or modifying campaigns without our agreement, and (d) accurately representing their service area and service offerings. Materially failing these conditions voids the guarantee.

7.5 Data Ownership

Clients own all leads generated during the engagement, the contact database in their CRM workspace, their ad accounts, and any creative assets we produce. Upon engagement end, we hand over administrative access cleanly. We do not retain or resell client lead data.

7.6 Term & Cancellation

All retainer engagements are month-to-month with no long-term contract. Either party may cancel for any reason with 30 days written notice. Monthly fees for the notice period are due. The 60-day guarantee window is a commitment we make to the client, not a contractual lock-in of the client.

7.7 Loser-Bid Recovery Terms

The $397 Loser-Bid Recovery product is a one-time setup fee for SMS sequence configuration based on the client’s dead-bid list. It includes no lead guarantee, no monthly commitment, and no refund once setup is delivered. The optional $50/mo SMS retainer is month-to-month and cancellable at any time. SMS messages sent via this product must comply with TCPA — clients must have or obtain valid prior business relationship or express consent for the recipients on the list.

7.8 Limitation on Ad-Spend Losses

We use commercially reasonable efforts to manage ad campaigns effectively, but ad platforms are external systems subject to outages, policy changes, account suspensions, and algorithmic changes outside our control. We are not liable for ad spend losses arising from ad platform issues, account suspensions caused by client business practices we were not informed of, or campaigns paused at client direction.

8. Text Messaging (SMS) Terms

These terms apply when you opt in to text messages from OakWind Studio LLC, whether through this Site, a demo, or a client campaign we operate on a business’s behalf.

• Program: OakWind Studio demo request texts. When you ask for a live demo (on our demo opt-in form, on an OakWind Studio iPad or through its QR code), we text you about your own request: a request confirmation, your demo appointment confirmation and reminders, and examples of the texts your own customers would receive.
• What you’ll get: recurring automated customer care and informational text messages about the request you made, such as appointment confirmations, reminders, and follow-ups. These are not marketing or promotional messages. We don’t send marketing texts unless you separately agree to them when you opt in.
• How often: message frequency varies by program and is shown where you opt in (for demo request texts, up to 8 messages per demo request).
• Cost: message and data rates may apply.
• Opting out: reply STOP at any time to stop all messages. Reply HELP for help, or contact us at [email protected] or +1 (817) 214-6300.
• AI assistant: some messages and calls may come from an automated AI assistant. It will identify itself, and you can always ask for a person.
• Carriers: mobile carriers are not liable for delayed or undelivered messages.
• Age: you must be at least 18 to opt in.
• Not required: consent is not a condition of any purchase. Agreeing to receive texts is never a condition of buying any product or service.
• Your number stays private: mobile numbers and text messaging opt-in data and consent are never shared with or sold to third parties or affiliates for their own marketing or promotional purposes. See our Privacy Policy.

9. Governing Law

These Terms of Use are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in Tarrant County, Texas.

10. Changes to These Terms

We may update these Terms of Use from time to time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Site after any changes constitutes your acceptance of the new terms.

11. Contact

Questions about these Terms of Use? Email us at [email protected].