Terms of Service

Davel Creative Agency

Effective Date: August 10, 2026 · Last Updated: August 10, 2026

1. About these Terms

These Terms are an agreement between you and Davel Inc., a California corporation, doing business as Davel Creative Agency ("Davel," "we," "us").

They govern davelcreative.com and our related subdomains, including customer.davelcreative.com and crm.davelcreative.com, together with our landing pages, forms, assessments, scheduling pages, client portals, and accounts (the "Site").

Section 17 requires most disputes to be resolved by individual arbitration and waives class actions. Section 17.6 explains how to opt out within 30 days.

By using the Site, creating an account, or paying an invoice, you agree to these Terms.

If you engage us for services, your signed service agreement governs that engagement and controls over these Terms wherever the two differ.

2. Who may use the Site

You must be at least 18 and, if acting for a business, authorised to bind it. You must not be barred from receiving services under U.S. law. Information you give us must be accurate.

The Site is not directed to children under 13 and we do not knowingly collect their personal information.

3. What the Site is — and is not

3.1 Not professional advice. We are a marketing and creative agency. Nothing on the Site is legal, medical, tax, accounting, financial, or regulatory advice, and nothing creates a professional-client or provider-patient relationship. Any business named on the Site is or was a client of ours, not a party recommending anything to you.

3.2 Not a business opportunity. We sell professional services. We do not sell a business opportunity, franchise, licensing programme, or investment. We do not sell leads, customers, or patients as a product, we are not a referral service, and we neither pay nor receive referral fees.

3.3 Figures in our marketing are approximate. Statistics, percentages, and performance figures come from client feedback, platform reporting, and our own estimates — not from audited financial records. We do not review our clients' accounts and do not verify what they tell us. See Results & Advertising Disclosures.

3.4 Results vary. Marketing outcomes depend substantially on your market, budget, offer, pricing, and team. We do not guarantee any particular outcome.

3.5 Guarantees. Where we advertise a performance guarantee, whether it is offered to you at all is assessed during onboarding. We may offer it as advertised, offer something different, or decline to offer one. A guarantee is binding only where it appears in a written agreement signed by both of us — never from an advertisement, a landing page, or a conversation. See Performance Guarantee Terms.

4. Accounts

4.1 Provide accurate information and keep it current. Accounts are for a single person or organisation and are not transferable.

4.2 You are responsible for everything done under your account, and for keeping your credentials secure. Tell us promptly at support@davelcreative.com if you suspect unauthorised access.

4.3 Do not create additional accounts to get around a limit, suspension, or promotion rule.

4.4 We may refuse, suspend, or terminate an account at any time, with or without notice, where we reasonably believe these Terms or the law have been broken, or where continuing would expose us or others to risk.

4.5 You may close your account by writing to support@davelcreative.com. Closing an account does not cancel a paid engagement or clear amounts owed.

4.6 After termination we may delete your account and its contents, and we have no obligation to retain or return them. Keep your own copies of anything you need.

5. Communications

5.1 You agree to receive communications from us electronically, and that electronic records satisfy any requirement for writing.

5.2 Email. We may send you messages about your account or engagement, and marketing messages. Unsubscribe from marketing at any time using the link in any message.

5.3 Calls and texts. We contact you by phone or text only where you gave express written consent on the form where you provided the number. That consent is never a condition of buying anything. See SMS Terms. You may withdraw it at any time by any reasonable means and we will honour it promptly.

5.4 Call recording. We may record or transcribe calls and meetings, including with automated tools. We will tell you before we start and you may decline.

5.5 Do not send sensitive information through the Site. No government ID numbers, payment card numbers, credentials, patient records, or other regulated personal information. Our public forms are not built to receive it. Where an engagement needs it, we will provide a secure channel.

6. Your content

6.1 "Your Content" is anything you submit or upload through the Site. You keep ownership of it.

6.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt for display, and distribute Your Content as needed to operate and provide the Site and Services. It ends when you delete the content or close your account, apart from backups and anything we must keep by law.

6.3 You confirm that you own Your Content or have the rights to it; that it infringes nobody's rights; that you have obtained every consent and release required from any individual appearing in it — including written authorisation from any customer or patient, and authorisation satisfying HIPAA and California's Confidentiality of Medical Information Act where health information is involved; and that it complies with the law.

6.4 Do not submit content that infringes anyone's rights, is unlawful, defamatory, harassing, obscene, or discriminatory, contains malware, contains someone else's personal or health information without authorisation, or is a fake review.

6.5 We may moderate, but we are not obliged to. We do not monitor, screen, or verify user content, and we may remove anything at any time for any reason. Removing content, or declining to, does not make us responsible for it.

6.6 No storage guarantee. We do not warrant that Your Content will be retained, backed up, or available. Keep your own copies.

6.7 Feedback. Suggestions you send us about our business may be used freely, without attribution or payment.

7. Intellectual property

7.1 Ours. The Site and its content, design, software, frameworks, methodologies, and templates are owned by us or our licensors and protected by copyright, trademark, and other laws. All rights are reserved.

7.2 Trademarks. "Davel," "Davel Creative Agency," and our logos are our exclusive property and may not be used without our written permission.

7.3 Your licence to the Site. You may access and view the Site for your own business evaluation, and download materials we offer for download, for internal use, keeping notices intact. Nothing more is granted.

7.4 Restrictions. You may not copy, republish, distribute, sell, or create derivative works from the Site; frame or mirror it; use automated means to scrape it; use it to train or ground any AI system; or use it to build a competing service.

7.5 Work we create for clients. Unless your signed agreement says otherwise, we retain ownership of the work we produce for you, and you receive a non-exclusive, non-transferable, royalty-free licence to use it for your own marketing and advertising. Using it for a materially different purpose may require a further licence and fee. Where a signed agreement assigns ownership to you, that agreement controls.

7.6 Third-party marks. Client and platform names and logos are their owners' property and appear for identification only.

8. Acceptable use

Do not: use the Site unlawfully; submit false or fraudulent information or impersonate anyone; disrupt or overload the Site; attempt unauthorised access or probe for vulnerabilities; reverse engineer any part of it; harvest information about other users; send unsolicited commercial messages; circumvent any access control or payment mechanism; or use a payment method you are not authorised to use.

We may investigate suspected misuse, cooperate with law enforcement, and suspend access at any time.

9. Payments, invoices, and renewal

9.1 Fees, scope, and payment dates are set in your signed agreement or invoice. Prices are in U.S. dollars.

9.2 Advertising spend is separate from our fees. It is paid to the advertising platform, not to us, and is not refundable by us.

9.3 Payment authorisation. Where you give us a payment method, you confirm you are authorised to use it and you authorise charges for amounts due. Payments are handled by a third-party processor; we do not store full card numbers.

9.4 Taxes are your responsibility, other than taxes on our income.

9.5 Late payment. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend services on notice. Suspension does not entitle you to a refund.

9.6 Renewal. Where your agreement renews automatically, the term, the renewal amount, and the notice required to cancel are stated in that agreement, and you agree to them separately before the first charge. Where the law requires us to send a renewal or conversion reminder, we will. Cancellation, notice periods, and any early termination fee are governed by your agreement and by our Refund & Cancellation Policy.

9.7 Free trials. Where we offer one, its length and the price it converts to are disclosed before you start. Unless you cancel first, it converts to a paid engagement. One trial per person or organisation.

9.8 Pricing errors. We may correct errors and cancel or refuse any order placed at an incorrect price, even after confirmation. If we do, we refund you in full.

9.9 Chargebacks. Contact us before disputing a charge with your bank. Raising a chargeback without contacting us first is a breach of these Terms and we may suspend services and recover our costs. This does not limit your rights under law or your card agreement.

10. Promotions and contests

Any promotion, giveaway, or contest is governed by its own Official Rules, published with it, which control over these Terms.

Where a prize is awarded by chance, no purchase is necessary to enter or win and a free method of entry is provided in the Rules. Unless the Rules say otherwise, entrants must be 18 or over and U.S. residents; our people and their households are excluded; prizes are non-transferable with no cash alternative; winners are responsible for all taxes; and we may modify or cancel a promotion where its integrity is compromised. Promotions run on a social platform are not sponsored, endorsed, or administered by that platform.

Where we administer a promotion for a client, the client is the sponsor and is responsible for its Rules, legality, registrations, and prize fulfilment.

11. Third parties

The Site links to and integrates with third-party services we do not control, including scheduling, CRM, hosting, payment, analytics, and advertising platforms. We are not responsible for them, their terms apply to your use of them, and a link is not an endorsement.

12. Reviews and testimonials

12.1 Nothing here limits your ability to review us publicly. Any term purporting to do so would be void under the Consumer Review Fairness Act and Cal. Civ. Code § 1670.8. We may respond publicly.

12.2 If you give us a testimonial, you licence us to use it with your name, title, business name, and any image you provide, in our marketing. You may withdraw that permission at any time by writing to support@davelcreative.com; we will stop using it going forward, though we cannot recall material already distributed.

12.3 If your testimonial states results, they must be true and actually achieved by you, and you will tell us if that changes.

12.4 If you received anything of value for a testimonial, tell us and we will disclose it.

12.5 We do not write, buy, or fabricate reviews, and we do not suppress negative ones.

13. Other policies

Our Privacy Policy, Cookie Policy, Results & Advertising Disclosures, Performance Guarantee Terms, Refund & Cancellation Policy, SMS Terms, DMCA Policy, and Accessibility Statement are part of these Terms.

Copyright complaints go to our Copyright Agent at support@davelcreative.com — see the DMCA Policy.

14. Disclaimers

The Site and all free resources are provided "as is" and "as available."

To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Site will be uninterrupted, secure, or error-free, that content is accurate or current, that user content is retained, or that any result, revenue, lead, customer, or return will be obtained.

Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

15. Limitation of liability

We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, or data, under any theory, even if advised of the possibility.

Our total liability arising from the Site or these Terms will not exceed the greater of the amount you paid us in the twelve months before the claim arose, or US$100.

Liability under a signed service agreement is governed by that agreement instead.

Nothing here limits liability for fraud, gross negligence, wilful misconduct, or anything that cannot be limited by law.

16. Indemnity

You will defend and indemnify us and our people against any third-party claim arising from your use of the Site, your breach of these Terms, your violation of any law or third-party right, Your Content, or use of your account.

We will notify you of the claim and give you control of the defence with counsel we find reasonable. You may not settle in a way that binds us or admits fault on our behalf without our written consent.

17. Disputes

17.1 Talk to us first. Before starting arbitration or a lawsuit, send a written Notice of Dispute to support@davelcreative.com and to Davel Creative Agency, Attn: Legal, 655 North Central Ave, 17th Floor, Glendale, CA 91203, describing the dispute and the relief you want. We will do the same. Both of us will try in good faith to resolve it for 60 days.

17.2 Arbitration. If that fails, any dispute arising out of or relating to these Terms or the Site will be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Rules (for individuals acting personally) or Commercial Rules (otherwise), before one arbitrator, seated in Los Angeles County, California. The Federal Arbitration Act governs. You and we are giving up the right to a jury trial.

17.3 Exceptions. This does not apply to claims that qualify for small claims court, to claims for injunctive relief protecting intellectual property or confidential information, or to claims for public injunctive relief — which, consistent with McGill v. Citibank (2017) 2 Cal.5th 945, are not waived and proceed in court after the other claims are arbitrated.

17.4 No class actions. Claims must be brought individually, not as part of any class, collective, consolidated, or representative proceeding. If this paragraph is unenforceable as to a claim, that claim alone goes to court and the rest of this section still applies.

17.5 Costs. In consumer arbitrations we pay AAA fees above what the rules require you to pay. Otherwise fees are shared under the AAA rules. Each side bears its own legal costs unless a statute or the award provides otherwise.

17.6 Opting out. You may reject this section by writing to support@davelcreative.com within 30 days of first accepting these Terms, subject line "Arbitration Opt-Out." Opting out affects nothing else and we will not hold it against you.

17.7 Time limit. Any claim must be brought within one year of arising, to the extent the law permits.

17.8 This section survives termination.

18. General

Governing law: California, without regard to conflict of laws. For anything not arbitrated, the courts of Los Angeles County, California have exclusive jurisdiction.

Changes: We may update these Terms. The date above will change and we will give reasonable notice of material changes. Changes are not retroactive and do not apply to a dispute already raised. Continued use means acceptance.

Termination: We may suspend or end your access at any time. Sections 3, 6.3, 6.7, 7, 9 (amounts owed), 12, 14, 15, 16, 17, and 18 survive.

Severability: An unenforceable provision is limited or removed and the rest stands.

Assignment: You may not assign these Terms. We may, to an affiliate or in a merger or sale of assets.

Force majeure: Neither of us is liable for delay caused by events beyond reasonable control, including platform failures.

Electronic signature: Clicking to agree, submitting a form, creating an account, or paying an invoice is your electronic signature under the E-SIGN Act and California's UETA.

Entire agreement: These Terms and the policies they incorporate are the whole agreement about the Site. No advertisement or oral statement forms part of it. Headings are for convenience and these Terms will not be construed against the drafter.

19. Contact

Davel Inc. d/b/a Davel Creative Agency 655 North Central Ave, 17th Floor, Glendale, CA 91203 Also at 40 E Verdugo Street, Ste 114, Burbank, CA 91502

General: hello@davelcreative.com · Everything else, including legal, privacy, billing, accessibility, and DMCA: support@davelcreative.com Phone: +1 (818) 934-0618 · Contact page: davelcreative.com/site/contact

Last updated August 10, 2026.