General Terms of Service

Effective Date: May 8, 2026

PLEASE READ THESE GENERAL TERMS OF SERVICE CAREFULLY BEFORE USING ANY CLICK WISE DESIGN SERVICE. BY SIGNING OR SUBMITTING ANY SERVICE AGREEMENT, ORDER FORM, OR ENROLLMENT FORM THAT REFERENCES THESE TERMS, BY SUBMITTING PAYMENT, OR BY OTHERWISE ACCESSING OR USING ANY CLICK WISE DESIGN SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND BY ANY APPLICABLE PRODUCT-SPECIFIC TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

1. Parties, Scope, and Acceptance

1.1 Parties

These General Terms of Service (the “General Terms”) are a legally binding agreement between you (“Client,” “you,” or “your”) and Click Wise Design LLC (“Click Wise Design,” “Company,” “we,” “us,” or “our”), located at 825 Watters Creek Blvd M290, Allen, TX 75013.

1.2 Scope of the General Terms

These General Terms govern the overall relationship between Click Wise Design and the Client and apply to all services provided by Click Wise Design, including without limitation:

Marketing services (including content marketing, search engine optimization, paid advertising management, social media services, Google Business Profile services, and review management);
Design services (including website design, brand and graphic design, and related creative services);
Hosting services (including website hosting, email hosting, and related infrastructure services);
Software-as-a-Service (“SaaS”) products (including any Click Wise Design CRM, scheduling, or automation software offered to clients);
Maintenance services (including website maintenance, software updates, security monitoring, and ongoing support); and
Any other services, products, or deliverables offered by Click Wise Design from time to time (collectively with the foregoing, the “Services”).

1.3 Product-Specific Terms and Order Hierarchy

Specific Services may be governed by additional product-specific terms of service (each, a “Product ToS”) and by signed order forms, proposals, statements of work, or enrollment forms (each, an “Order Form”). The Client’s agreement with Click Wise Design for a particular Service consists of these General Terms together with any applicable Product ToS and Order Form (collectively, the “Agreement”).

In the event of a conflict between these documents, the order of precedence is: (a) a signed Order Form for the specific Service controls over (b) the applicable Product ToS, which controls over (c) these General Terms, but only as to the specific Service described in that Order Form or Product ToS. These General Terms otherwise govern the relationship in full.

1.4 Acceptance

By accepting these General Terms, you affirm that you:

Are at least 18 years of age or the age of majority in your jurisdiction;
Have the legal authority to enter into this Agreement on your own behalf or on behalf of the business entity you represent;
Have read, understood, and agree to be bound by all terms herein and in any applicable Product ToS and Order Form; and
Consent to the collection and use of your information as described in our Privacy Policy.

If you are accepting these General Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these General Terms.

2. The Services

2.1 Provision of the Services

Click Wise Design will provide the Services described in the applicable Order Form and Product ToS, subject to the Client’s payment obligations and the Client’s compliance with this Agreement. Specific deliverables, pricing, term, and any minimum commitments for a Service are set forth in the applicable Order Form or Product ToS.

2.2 Client Cooperation

The Client shall reasonably cooperate with Click Wise Design in the provision of the Services, including by providing accurate and complete information, materials, access credentials, and approvals required for Click Wise Design to perform. Click Wise Design is not responsible for delays, errors, or non-performance caused by the Client’s failure to cooperate or to provide required materials in a timely manner.

2.3 Modification of the Services

Click Wise Design may update, modify, enhance, or discontinue features of the Services at any time. We will use reasonable efforts to provide notice of material changes. The Client’s continued use of the Services after any modification constitutes acceptance of the updated Services.

2.4 Third-Party Services, Integrations, and AI Tools

The Services may integrate with or rely on third-party platforms and providers, including Google services, analytics providers, payment processors, domain registrars, email providers, hosting infrastructure providers, software vendors, and artificial intelligence and automation tools (including large language models, image generators, content generators, and other generative or automated tools) (collectively, “Third-Party Services”). Click Wise Design does not control and is not responsible for Third-Party Services. The Client’s use of any Third-Party Service is governed by that provider’s own terms and privacy policy. The Client acknowledges that Third-Party Services may have separate fees, terms, and data practices, and that Click Wise Design is not liable for any issues, outages, errors, inaccuracies, hallucinations, security incidents, losses, or damages arising from Third-Party Services.

The Client further acknowledges that Click Wise Design may use artificial intelligence and automation tools in the course of providing the Services, including for content drafting, image creation, code generation, research, and analysis. Output generated by such tools may contain inaccuracies and is not a substitute for professional advice (including legal, financial, medical, or tax advice). The Client is responsible for reviewing all deliverables before publication or use, and Click Wise Design disclaims liability for any reliance on AI-generated output.

3. Ownership, License, and Intellectual Property

3.1 Client Content

“Client Content” means text, images, logos, branding assets, customer data, and other materials supplied by the Client or collected on the Client’s behalf in connection with the Services. The Client retains ownership of Client Content and grants Click Wise Design a non-exclusive, royalty-free, worldwide license to use, store, copy, reproduce, modify, transmit, and display Client Content solely as necessary to provide the Services. The Client represents and warrants that it has all rights necessary to grant this license and that Client Content does not infringe the rights of any third party.

3.2 Click Wise IP

Click Wise Design retains all right, title, and interest in and to its underlying intellectual property, including templates, design frameworks, code libraries, reusable components, software platforms, internal tools, processes, methodologies, and any pre-existing or independently developed intellectual property used to provide the Services (collectively, “Click Wise IP”). Nothing in this Agreement transfers ownership of any Click Wise IP to the Client. The Client is granted only the limited license expressly set forth in the applicable Product ToS or Order Form, and only for so long as the Client remains in compliance with this Agreement.

3.3 Deliverables and Ownership

Ownership of deliverables produced for the Client (such as website code, custom design files, written content, marketing assets, or other work product) is governed by the applicable Product ToS or Order Form. Unless an Order Form or Product ToS expressly transfers ownership of a specific deliverable to the Client upon stated conditions (such as full payment or completion of a minimum term), the Client receives only a limited license to use the deliverable as part of the applicable Service. Any transfer of ownership is conditioned on full payment of all amounts owed under this Agreement.

3.4 General Use Restrictions

Whether or not the Client owns a particular deliverable, the Client shall not, with respect to any Click Wise IP or any deliverable produced under this Agreement:

Sell, license, sublicense, lease, lend, gift, transfer, assign, or otherwise distribute the Click Wise IP or any element thereof to any third party, except as expressly authorized by Click Wise Design in writing;
Copy, reproduce, replicate, modify, adapt, translate, derive works from, or use as a template the Click Wise IP for the purpose of creating any other website, product, or service;
Engage, hire, or permit any third party to copy, replicate, reverse engineer, extract, or use the Click Wise IP as the basis for any other website, product, or service;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, templates, or proprietary structure of the Click Wise IP;
Remove, alter, or obscure any copyright, trademark, attribution, or proprietary notices contained in the Click Wise IP or in any deliverable; or
Publicly disclose, publish, or share the source code, design files, database schema, or other technical or proprietary elements of the Click Wise IP.

These restrictions survive termination of this Agreement and continue indefinitely. Additional product-specific use restrictions may be set forth in the applicable Product ToS. Any breach of this Section 3.4 constitutes a material breach for which monetary damages may be inadequate. Click Wise Design is entitled to seek injunctive relief, specific performance, and any other equitable remedies in addition to monetary damages, and the Client shall be liable for all reasonable attorneys’ fees and costs incurred by Click Wise Design in enforcing this Section.

3.5 Feedback

If the Client provides suggestions, ideas, or other feedback regarding the Services (“Feedback”), the Client grants Click Wise Design an irrevocable, perpetual, royalty-free, worldwide license to use and incorporate that Feedback without any obligation or compensation to the Client.

3.6 Marketing Reference

Click Wise Design may identify the Client as a customer and use the Client’s name and logo in marketing materials, case studies, and on Click Wise Design’s website, unless the Client objects in writing to admin@clickwisedesign.com. Click Wise Design will not disclose Client Content or confidential business information in such materials without the Client’s consent.

4. Fees, Billing, and Payment

4.1 Fees

Fees for the Services are set forth in the applicable Order Form or Product ToS. Unless otherwise specified, fees are billed monthly in advance and are non-refundable except as required by applicable law.

4.2 Authorization for Recurring Billing

By entering into this Agreement, the Client authorizes Click Wise Design to charge the Client’s designated payment method on a recurring basis for all fees owed under the applicable Order Form and Product ToS. The Client further authorizes Click Wise Design to retry failed or declined charges and to charge any updated payment method on file (including replacement cards issued by the Client’s bank or card network) until payment is successfully collected. The Client shall maintain a valid payment method at all times during the term of any Service. The Client shall pay each invoice within five (5) days of receipt.

4.3 Taxes

All fees are exclusive of applicable taxes, levies, or duties. The Client is solely responsible for paying any and all taxes associated with the Services, other than taxes on Click Wise Design’s net income. If Click Wise Design determines that sales tax or other transaction taxes apply to the Services, Click Wise Design may add such taxes to the Client’s invoice and charge them to the Client’s payment method on file in addition to the stated fee, and the Client authorizes such charges.

4.4 Late Payments, Suspension, and Collections

If a payment is not received by the due date, Click Wise Design may, without prior notice, suspend any or all Services until the account is brought current. Overdue amounts may accrue interest at the maximum rate permitted by applicable law. The Client agrees to reimburse Click Wise Design for all reasonable costs of collection, including attorneys’ fees, in the event of non-payment. Suspension of Services for non-payment does not relieve the Client of payment obligations or of any minimum-term commitments under the applicable Product ToS or Order Form.

4.5 Price Changes

Click Wise Design reserves the right to change recurring fees with at least fourteen (14) days’ advance notice provided via email. The new fee will apply to the Client’s next billing cycle following the notice period. If the Client does not wish to continue at the new price, the Client may cancel the affected Service in accordance with the cancellation provisions of the applicable Product ToS or Order Form before the new price takes effect. Price changes do not apply during a stated minimum term unless the applicable Order Form or Product ToS expressly permits them.

4.6 No Chargebacks

The Client agrees not to initiate a chargeback, reversal, or payment dispute with the Client’s credit card issuer or payment processor for any amounts charged under this Agreement. Any disputes shall be handled exclusively under the dispute resolution provisions in Section 9. The Client acknowledges that initiating a chargeback in violation of this Section is a material breach of this Agreement and entitles Click Wise Design to immediately suspend Services and pursue collection of the disputed amount and all related fees and costs, including reasonable attorneys’ fees.

5. Term, Cancellation, and Termination

5.1 Term

The term of this Agreement begins on the date the Client first accepts these General Terms or first uses any Service, and continues until terminated in accordance with this Section 5. Term, minimum commitments, and cancellation procedures for specific Services are set forth in the applicable Product ToS or Order Form.

5.2 Cancellation by the Client

The Client may cancel a Service in accordance with the cancellation provisions of the applicable Product ToS or Order Form. Unless otherwise specified, cancellation takes effect at the end of the Client’s current paid billing period, the Client will continue to receive the affected Service through the end of the period already paid for, and the Client is not entitled to a refund or credit for any unused portion of that period. Cancellation during a minimum term is subject to any early termination fee specified in the applicable Product ToS or Order Form.

5.3 Termination by Either Party for Material Breach

Either party may terminate this Agreement for material breach by the other party if the breach is not cured within thirty (30) days after the breaching party’s receipt of written notice describing the breach in reasonable detail. The Client’s payment obligations for Services already provided and any unpaid balance of a minimum-term commitment that has not been cured by Click Wise Design within the cure period are not waived by termination under this Section. Failure to pay fees when due is a material breach by the Client, but the cure period for non-payment is five (5) days rather than thirty (30).

5.4 Termination by Click Wise Design

Click Wise Design may suspend or terminate this Agreement, or any Service under it, with or without notice, if Click Wise Design reasonably believes the Client has:

Violated any provision of this Agreement, an applicable Product ToS, or an Order Form;
Engaged in fraudulent, illegal, abusive, or harmful conduct;
Engaged in abusive, threatening, harassing, profane, discriminatory, or intimidating conduct toward Click Wise Design personnel, contractors, or representatives, whether verbal, written, or electronic;
Failed to pay any fees when due;
Initiated a chargeback or payment dispute in violation of Section 4.6; or
Acted in a manner that poses a risk to Click Wise Design, other clients, or the integrity of the Services.

5.5 Effect of Termination

Upon termination of a Service, the Client’s right to receive that Service immediately ceases. Any unpaid amounts owed for Services already provided, and any unpaid balance of a minimum-term commitment, remain due. Provisions of this Agreement that by their nature should survive termination shall survive, including Sections 3, 4, 6, 7, 8, 9, and 10.

6. Acceptable Use and Client Conduct

6.1 Acceptable Use

The Client agrees to use the Services only for lawful purposes and in accordance with this Agreement. The Client shall not:

Use the Services in violation of any applicable federal, state, local, or international law or regulation;
Upload, publish, or transmit content that is unlawful, harmful, defamatory, obscene, fraudulent, misleading, or otherwise objectionable;
Infringe upon the intellectual property, privacy, publicity, or other rights of any third party;
Transmit unsolicited bulk communications, spam, or phishing material through the Services;
Introduce viruses, malware, or other malicious code into the Services or Click Wise Design’s systems;
Attempt to gain unauthorized access to any portion of the Services, our servers, or any related systems;
Use data mining, scraping, robots, or similar automated data collection methods against the Services;
License, sublicense, sell, resell, transfer, or commercially exploit the Services or the Click Wise IP except as expressly permitted under Section 3 or the applicable Product ToS; or
Interfere with, disrupt, or circumvent the integrity, performance, or security of the Services.

Click Wise Design reserves the right to investigate suspected violations and may, in its reasonable discretion, suspend or terminate access to the Services without prior notice for any conduct that violates this Agreement or that Click Wise Design reasonably believes harms us, other clients, or third parties. Termination under this Section does not relieve the Client of its payment obligations or any minimum-term obligations.

6.2 Client Conduct Toward Personnel

The Client agrees to interact with Click Wise Design’s owners, employees, contractors, and representatives in a professional and respectful manner at all times, in all channels (including phone calls, video calls, email, text messages, chat, and in-person meetings). The Client shall not engage in abusive, threatening, harassing, profane, discriminatory, or intimidating conduct toward any Click Wise Design personnel. Click Wise Design reserves the right, in its reasonable discretion, to determine whether conduct violates this Section, and a violation constitutes grounds for immediate suspension or termination of the Services under Section 5.4.

7. Privacy, Data, and Confidentiality

7.1 Privacy Policy

The Client’s use of the Services is subject to our Privacy Policy, which is incorporated by reference. Click Wise Design takes reasonable technical and organizational measures to protect Client data; however, no method of transmission or electronic storage is completely secure, and Click Wise Design cannot guarantee absolute security. The Client is responsible for maintaining its own backups of important data, including Client Content, at all times.

7.2 Prohibited Categories of Data

The Client shall not submit, upload, transmit, store, or otherwise process the following categories of data through or in connection with the Services unless expressly agreed in a separate written addendum signed by both parties that addresses the additional legal and security requirements applicable to such data:

Protected Health Information (“PHI”) within the meaning of the Health Insurance Portability and Accountability Act (“HIPAA”) or any analogous law;
Payment card data subject to the Payment Card Industry Data Security Standard (“PCI DSS”), including primary account numbers, full magnetic stripe data, card verification codes, or PINs;
Government-issued identification numbers, including Social Security numbers, driver’s license numbers, passport numbers, and taxpayer identification numbers;
Financial account numbers, account access credentials, or financial information subject to the Gramm-Leach-Bliley Act or analogous law;
Biometric data, including fingerprints, voiceprints, retina or iris scans, facial geometry, and other biometric identifiers;
Precise geolocation data;
Data of, or directed at, children under the age of thirteen (13), or under any higher age threshold established by applicable law (such as data subject to the Children’s Online Privacy Protection Act);
Health, genetic, mental health, or substance abuse data; and
Any other category of “sensitive personal information” or “sensitive data” as defined under applicable privacy laws.

Click Wise Design has no obligation to provide enhanced security measures, separate compliance procedures, or specialized handling for any data submitted in violation of this Section, and the Client shall be solely responsible for, and shall indemnify Click Wise Design from, any liability, regulatory action, or third-party claim arising from the Client’s submission of prohibited categories of data.

7.3 Security Incident Notification

If Click Wise Design confirms a security incident resulting in unauthorized access to or acquisition of the Client’s data that is reasonably likely to materially affect the Client, Click Wise Design will notify the Client without undue delay and within the time required by applicable law. Click Wise Design may provide information in phases as its investigation progresses, and initial notice may be preliminary and subject to revision as facts develop. Click Wise Design’s notification of or response to a security incident is not an acknowledgment of fault or liability. The Client acknowledges that no system or security measure can guarantee absolute prevention of unauthorized access, and Click Wise Design’s liability in connection with any security incident is subject to the limitations in Section 8.

7.4 Confidentiality

Each party may receive non-public information from the other party in connection with the Services (“Confidential Information”). Each party shall (a) use Confidential Information only as necessary to perform under or benefit from this Agreement, (b) protect Confidential Information using at least the same care it uses to protect its own confidential information of like kind (and in no event less than reasonable care), and (c) not disclose Confidential Information to any third party except as required by law or to its personnel and contractors who have a need to know and are bound by confidentiality obligations at least as protective as those in this Section.

8. Disclaimers, Liability, and Indemnification

8.1 Disclaimers

ALL SERVICES AND DELIVERABLES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING. CLICK WISE DESIGN DOES NOT WARRANT THAT:

The Services or deliverables will meet the Client’s specific requirements, business goals, or revenue expectations;
The Services will be uninterrupted, timely, secure, or error-free;
The Services will produce any particular search engine ranking, traffic level, lead volume, conversion rate, or business result;
Any errors or defects in the Services or deliverables will be corrected; or
The Services will remain free of viruses or other harmful components.

THE CLIENT FURTHER ACKNOWLEDGES THAT NO SYSTEM, NETWORK, SECURITY MEASURE, OR SAFEGUARD CAN GUARANTEE ABSOLUTE SECURITY, AVAILABILITY, OR PREVENTION OF ALL UNAUTHORIZED ACCESS, DATA LOSS, MALWARE, RANSOMWARE, OR OTHER SECURITY INCIDENTS. CLICK WISE DESIGN DISCLAIMS ANY WARRANTY THAT THE SERVICES, THE WEBSITE, OR ANY DELIVERABLE WILL BE FREE FROM SECURITY VULNERABILITIES OR IMPERVIOUS TO ATTACK, AND THE CLIENT ACKNOWLEDGES THAT IT BEARS THE RISK OF ANY SUCH EVENTS EXCEPT TO THE EXTENT CAUSED BY CLICK WISE DESIGN’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Some jurisdictions do not allow the exclusion of implied warranties; in such cases, the above exclusions apply to the fullest extent permitted by applicable law.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLICK WISE DESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF CUSTOMERS OR LEADS, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL CLICK WISE DESIGN’S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT PAID BY THE CLIENT TO CLICK WISE DESIGN IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE CLIENT’S JURISDICTION.

The exclusions and limitations of liability in this Section 8.2 do not apply to: (a) the Client’s indemnification obligations under Section 8.3; (b) the Client’s payment obligations under Section 4; (c) the Client’s breach of the use restrictions in Section 3.4 or other intellectual property obligations; (d) liability arising from a party’s gross negligence, willful misconduct, or fraud; or (e) any other liability that, under applicable law, may not be limited or excluded by contract.

8.3 Indemnification

To the fullest extent permitted by applicable law, the Client agrees to indemnify, defend, and hold harmless Click Wise Design and its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

The Client’s use of or access to the Services;
The Client’s violation of this Agreement, any Product ToS, or any Order Form;
The Client’s violation of any applicable law or regulation;
Client Content, including any claim that Client Content infringes third-party rights or was collected, used, or published without proper consent;
Any products, services, or representations offered or made by the Client through the Services; or
The Client’s violation of any third-party rights, including intellectual property or privacy rights.

Click Wise Design reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at the Client’s expense, and the Client agrees to cooperate with the defense.

9. Dispute Resolution and Arbitration

9.1 Informal Resolution

Before initiating any formal dispute, the Client agrees to contact Click Wise Design in writing to attempt to resolve the matter informally. The parties will use good-faith efforts to resolve disputes within thirty (30) days of written notice.

9.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to this Agreement, any Product ToS, any Order Form, or the Services shall be resolved by final and binding arbitration administered by JAMS under its applicable rules, rather than in court, except as provided in Section 9.3. The arbitration shall be conducted in English and seated in Collin County, Texas. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

9.3 Exceptions

Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for infringement or misuse of intellectual property rights or to collect unpaid amounts under this Agreement.

9.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. THE CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY REPRESENTATIVE PROCEEDING AGAINST CLICK WISE DESIGN.

9.5 Limitation Period

ANY CLAIM, DISPUTE, OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY PRODUCT TOS, ANY ORDER FORM, OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR IT IS PERMANENTLY BARRED. The parties expressly waive any longer statute of limitations or repose to the fullest extent permitted by applicable law. This Section does not apply to claims that, under applicable law, may not be subject to a contractual limitation period.

9.6 Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Subject to the arbitration agreement in this Section 9, the exclusive jurisdiction and venue for any legal action shall be the state or federal courts located in Collin County, Texas, and the Client consents to the personal jurisdiction of such courts.

10. General Provisions

10.1 Entire Agreement

These General Terms, together with any applicable Product ToS, Order Form, our Privacy Policy, and any written change orders or addenda signed by both parties, constitute the entire agreement between the parties and supersede all prior agreements, proposals, understandings, or representations relating to the Services.

10.2 Amendments

Click Wise Design may update these General Terms or any Product ToS from time to time. When material changes are made, Click Wise Design will notify the Client via email or in-app notification and update the Effective Date at the top of the relevant document. Continued use of the Services after such notice constitutes acceptance of the updated terms.

10.3 Electronic Signatures and Acceptance

This Agreement may be accepted and executed electronically, including by typing a name into an electronic signature field, by signing through a third-party e-signature platform, by submitting an online form, by submitting payment, or by any other reasonable indication of assent. Electronic acceptance and electronic signatures shall have the same legal force and effect as original handwritten signatures under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Texas Uniform Electronic Transactions Act (UETA).

10.4 Severability

If any provision of this Agreement is found invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

10.5 Waiver

Click Wise Design’s failure to enforce any right or provision of this Agreement shall not be deemed a waiver. Any waiver must be in writing and signed by an authorized representative of Click Wise Design.

10.6 Assignment

The Client may not assign or transfer any rights or obligations under this Agreement without Click Wise Design’s prior written consent. Click Wise Design may assign its rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

10.7 Force Majeure

Click Wise Design will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, epidemic or pandemic, government action, third-party platform outages, disruptions to internet infrastructure, cyberattacks (including ransomware, distributed denial of service attacks, and zero-day exploits), data center or telecommunications failures, electrical or utility outages, or supply chain disruptions affecting the Services. The Client’s obligation to pay fees for Services rendered, and any unpaid balance of a minimum-term commitment, is not excused or suspended by force majeure events affecting the Client. The Client remains responsible for maintaining a valid payment method and for paying all amounts owed under this Agreement regardless of any force majeure event affecting the Client’s business or finances.

10.8 Independent Contractor

Click Wise Design is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the parties. Neither party has authority to bind the other or incur obligations on the other’s behalf.

10.9 Notices

Notices to the Client will be provided via email to the address on the Client’s account or via in-app notification. Legal notices to Click Wise Design must be sent in writing to:

Click Wise Design LLC
825 Watters Creek Blvd M290
Allen, TX 75013
Email: admin@clickwisedesign.com