Terms of Service

1. Agreement

These Terms of Service govern your use of blackbearcreativestudio.com and the services provided by Blackbear Creative Studio ("Blackbear Creative," "we," "us," or "our"), a creative studio based in Austin, Texas. By using this website, submitting a form, or engaging our services, you agree to these terms.

Our handling of personal information is described in our Privacy Policy, which forms part of these terms.

2. SMS Messaging Program

This section describes the text messaging program operated by Blackbear Creative Studio for its own customers and prospects. Everything below applies to messages sent by us, from our own business messaging number.

Consent is never required to buy anything

Agreeing to receive text messages is not a condition of purchasing any product or service from us. You may decline SMS and still hire us, and you may withdraw consent at any time without affecting your service.

Carrier liability

Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and is outside our control.

Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for full details.

3. SMS Services We Operate for Clients

Blackbear Creative Studio builds and maintains text messaging systems on behalf of home service businesses. If you are a client using this service, this section applies to you in addition to the rest of these terms.

You are the sender

Messages sent through your system are sent in your business's name. You are the message sender and the party responsible for compliance with the Telephone Consumer Protection Act (TCPA), CTIA messaging principles, and applicable state law. We provide the tooling, the setup, and the compliance guidance; we do not supply you with contacts.

Consent is your responsibility

You agree that you will only message people who have given you consent to be contacted, and that you will not upload, import, or message purchased, rented, scraped, or otherwise unlawfully obtained phone numbers. Marketing messages require prior express written consent from the recipient.

Required disclosures on your website

Carrier registration requires that your business maintain a publicly accessible website containing a privacy policy and, where consent is collected through a form, clear opt-in disclosure language. We provide and host this for you as part of the paired website plan described in Section 5.

Prohibited content

You may not use the service to send messages relating to cannabis, CBD, firearms, prescription drugs, gambling, high-risk financial offers, debt collection on behalf of third parties, or any unlawful, deceptive, harassing, or adult content. These categories are prohibited by U.S. carriers regardless of local legality, and violations can result in immediate suspension of your messaging.

Opt-outs are honored automatically

STOP, UNSUBSCRIBE, CANCEL, END, and QUIT are processed automatically on every number in your system. You agree not to circumvent, disable, or manually re-add a contact who has opted out.

Suspension

We may suspend or terminate messaging immediately if we receive a carrier violation notice, if we have reason to believe consent was not properly obtained, or if content violates these terms. We will tell you why.

4. A2P 10DLC Registration

Business text messaging in the United States requires registration under the A2P 10DLC framework. As part of onboarding we file your brand and campaign registration, submit your use case and sample messages, and manage carrier vetting on your behalf.

You agree to provide accurate business information, including legal business name, EIN, address, and website, and you acknowledge that submitting inaccurate information can cause registration to be rejected. Approval decisions are made by the carriers and registry, not by us, and we cannot guarantee a specific approval timeline or outcome. Third-party registration and carrier fees, where they apply, are passed through at cost.

5. Services, Fees & Billing

Current pricing for our recurring services:

• SMS agent — $500 for the first five months. This is a flat trial rate covering your first five months of service with no contract and no cancellation fee. After the trial period, service continues at $150 per month.
• Website paired with the SMS agent — $15 per month in addition to the SMS agent fee. This covers hosting and maintenance of the website required for carrier registration.
• Website as a standalone service — $50 per month.

Fees are billed monthly in advance unless otherwise agreed in writing. There is no contract and no cancellation fee; you may cancel at any time, and service continues through the end of the period you have paid for. Fees already paid are non-refundable except where required by law. We will give at least 30 days' notice before changing recurring pricing.

Websites we build and host on a monthly plan remain hosted by us for the duration of the plan. On cancellation, we will provide a copy of your site content and cooperate in a reasonable transfer, though hosting and maintenance end with the plan.

6. Timelines

Typical build and onboarding time is one to three weeks, and we aim to deliver within five business days. The main variable is A2P 10DLC carrier approval, which is outside our control. The website portion can generally be live the same day. Timelines are estimates, not guarantees, and depend on how quickly we receive information and approvals from you.

7. Ownership

Once fees are paid, you own the content and creative deliverables produced for your business. We retain ownership of our underlying tooling, templates, code libraries, and automation systems, and we retain the right to display completed work in our portfolio unless you ask us in writing not to.

8. Disclaimers & Limitation of Liability

Services are provided on an "as is" and "as available" basis. We do not guarantee any specific number of leads, bookings, reviews, search rankings, or revenue. We are not responsible for outages, delays, or failures caused by third-party providers including carriers, Twilio, hosting providers, or Google.

To the maximum extent permitted by law, our total liability arising out of or related to these terms is limited to the amount you paid us for the service in the three months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

You agree to indemnify and hold us harmless from claims arising out of messages sent through your system, including claims relating to consent, message content, or your use of contact data.

9. Changes to These Terms

We may update these terms from time to time. Changes are posted on this page with an updated date, and continued use of our services after that date constitutes acceptance.

10. Governing Law

These terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. Any dispute will be brought in the state or federal courts located in Travis County, Texas.

11. Contact

Blackbear Creative Studio
Austin, Texas
gabrian@blackbearcreativestudio.com
(231) 292-8304