Terms & Conditions

Welcome to Alpha Built Creatives, operated by Theodore Gaushas Web Services ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website, services, and any communications you receive from us, including SMS/text messaging. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing our website, submitting an inquiry, or opting into our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

Theodore Gaushas Web Services, operating as Alpha Built Creatives, provides web development, AI integration, technical consulting, automation, and related digital services. Our services include but are not limited to:

• Custom web application development (React, Next.js, full-stack platforms)
• AI tool development and OpenAI/LLM integrations
• E-commerce development (Shopify headless and custom storefronts)
• API and backend systems development
• UI/UX redesign and design systems
• Architecture consulting and technical strategy

3. SMS/Text Messaging Terms

By providing your cell phone number and checking the consent box on our contact form, you expressly agree to the following SMS/text messaging terms:

• Consent: You consent to receive automated SMS/MMS messages from Theodore Gaushas Web Services at the phone number you provided. These messages may include information about our services, project quotes, updates, and promotional content
• Message Frequency: The number of messages sent each day may vary from 1 to 5 messages
• Opt-Out: You may opt out of receiving SMS/MMS messages at any time by replying STOP to any message you receive. Upon receipt of your STOP request, we will confirm your unsubscription and you will no longer receive messages from us unless you re-subscribe
• Help: For assistance or more information, reply HELP to any message. You may also contact us directly at [email protected] or (313) 909-4272
• Message and Data Rates: Message and data rates may apply depending on your mobile carrier and plan. Theodore Gaushas Web Services is not responsible for any charges incurred by your carrier
• Carriers: Carriers are not liable for delayed or undelivered messages
• Not a Condition: Your consent to receive SMS/MMS messages is not required as a condition of purchasing any goods or services from us
• No Sharing: We do not share, sell, or distribute your phone number or SMS opt-in data and consent with any third parties for their own marketing purposes

4. User Responsibilities

By using our services, you agree to:

• Provide accurate, current, and complete information when submitting inquiries or communicating with us
• Not use our services for any unlawful purpose or in violation of any applicable laws or regulations
• Not attempt to interfere with or disrupt the integrity or performance of our website or services
• Not impersonate any person or entity or misrepresent your affiliation with a person or entity
• Not submit any content that is harmful, threatening, abusive, defamatory, or otherwise objectionable

5. Intellectual Property

All content, features, and functionality on our website — including but not limited to text, graphics, logos, icons, images, audio clips, software, and code — are the exclusive property of Theodore Gaushas Web Services and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our website without our prior written consent, except as expressly permitted by these Terms.

6. Project Terms and Payment

Specific project terms, including scope of work, deliverables, timelines, and payment terms, will be detailed in separate project proposals or agreements. These project-specific agreements, when executed, will be incorporated into and governed by these Terms. Any disputes regarding project deliverables will be subject to the terms of the applicable project agreement.

7. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis, without any 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 performance. We do not warrant that our services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Theodore Gaushas Web Services, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, our services
• Any conduct or content of any third party on our services
• Any content obtained from our services
• Unauthorized access, use, or alteration of your transmissions or content

9. Indemnification

You agree to defend, indemnify, and hold harmless Theodore Gaushas Web Services, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of our services or your violation of any of these Terms.

10. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Isabella County, Michigan.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of our services after any revisions constitutes acceptance of the new Terms.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14. Contact Us

If you have any questions about these Terms and Conditions, please contact us at: