Terms of service

Last updated: April 08, 2026. 

These Terms of Service ("Terms") govern your use of the services provided by TYBO Agency LLC ("TYBO Agency," "we," or "us"), including but not limited to website design, marketing services, and any other services offered by TYBO Agency (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Definitions:

"Company," "we," "us," or "our" refers to TYBO Agency LLC.

"Customer," "you," or "your" refers to the individual or partners of TYBO Agency LLC.

"Plan" refers to: Web Development Service, Digital Assistant Service, Digital Advertising Service, and Creative Content Service.

"Minimum Subscription Date" refers to the exact moment when Customer gains the freedom to leave the plan without applying the "Early Contract Termination" clause.

"Start Date" refers to the effective date when the selected plan or service starts and billing begins.

"Initial Payment" refers to  the first payment made by the Customer for the specific service or plan selected. This payment is due upon execution of the Agreement (or "at the time of enrollment") and is entirely non-refundable under any circumstances once processed.

Incorporation of Contract Terms: For specific services provided by TYBO Agency, you may be required to enter into a separate written contract ("Contract").

 

General Terms:

Use of Services: You agree to use the Services provided by TYBO Agency solely for lawful purposes and in accordance with these Terms and any applicable laws and regulations.

Modification of Terms: TYBO Agency reserves the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on this page. Your continued use of the Services after any such modifications shall constitute your consent to such changes. Customers will be notified of any changes via email. 

Intellectual Property: All content included in or made available through the Services, such as text, graphics, logos, images, videos, and software, is the property of TYBO Agency or its licensors and is protected by copyright and other intellectual property laws.

Limitation of Liability: TYBO Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of or inability to use the Services, even if TYBO Agency has been advised of the possibility of such damages.

Indemnification: You agree to indemnify, defend, and hold harmless TYBO Agency, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services or any violation of these Terms.

 

 

Governing Law and Dispute Resolution:

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Florida, without regard to its conflicts of law provisions.

Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through arbitration conducted in Florida in accordance with the rules of the American Arbitration Association.

Web Services:

Sole Agreement: The contract represents the exclusive agreement between Customer and TYBO Agency regarding all matters covered herein.

Usage of Images and Design Elements: Customer must obtain proper permissions from the rightful owner to use any images or design elements provided for inclusion in the ecommerce website. By doing so, TYBO Agency will be indemnified and protected from any claims or legal actions arising from the use of such elements.

Portfolio Display Rights: TYBO Agency retains the right to showcase graphics and other web content elements as examples of their work in their portfolio and as featured content in other projects. TYBO Agency may also include a discreet text link at the bottom of the ecommerce website page(s).

Shopify Payment for SSL and Hosting: Customer acknowledges a monthly payment of $39 to Shopify for SSL and Hosting. Any issues related to SSL and hosting are not within the scope of TYBO Agency's responsibility.

Refund Policy: All fees for our monthly services are considered non-refundable after a period of twenty four (24) hours from the date of the charge. We do not provide refunds or credits for any partial subscription periods or unused services after this two-day window, as access to the service is made available to you upon successful payment. In the event of an incorrect or erroneous charge, we will refund the full amount to the original payment method used for the transaction. If there is a problem with the original payment method, a refund check will be sent within 30 business days.

Subscription Term and Duration: The Digital Assistant Plan service will be active from the Start Date until the Minimum Subscription Date. This date marks the minimum duration for the contract. After the Minimum Subscription Date, the service will automatically renew monthly, starting on the Start Date, and will continue until Customer chooses to terminate it.

Communication Protocol: Customer understands that all communication with TYBO Agency’s Developers/Managers must occur exclusively through the group created by TYBO Agency. Customer shall not initiate direct contact, hire, offer compensation, or engage in any work-related communication with TYBO Agency’s Developers/Managers.

Agency's Right to Terminate: TYBO Agency may cancel the contract at any time. This termination may occur for various reasons, including non-compliance with terms, breach of agreement, or other justifiable causes.

Recurrent Payment (monthly plans): An automatic payment will be charged monthly (on the first of each month) when subscribed to any of our plans (Digital Assistant, Website Maintenance/Develop, Digital Advertising).

Reinitiation Option: If the client terminates the Digital Assistant Contract, they may choose to restart the service after a minimum of three (3) months, subject to availability and updated terms.

Non-Refundable Initial Payment: Customer acknowledges and agrees that a non-refundable Initial Payment will be charged by TYBO Agency to initiate the project and commence services. The fee is for the initial setup and is not eligible for a refund under any circumstances.

Late Fee: Customer understands and agrees that a late payment fee of 20% of the agency fee will be applied if the (Agency Fee) is not paid during the first 7 days of the month.

Payment Authorization: By signing up for any of TYBO Agency's services, which include but are not limited to Digital Assistant, Website Maintenance/Develop, and Digital Advertising, Customer agrees to set up a credit card for all recurrent payments and associated charges.

Card Setup Process: On the "Start Date" of the agreement, TYBO Agency will send a secure link to Customer for a one-time charge of $1. This transaction is solely for the purpose of validating and securely setting up the credit card for all future payments related to the contract. All subsequent payments, whether recurrent or otherwise associated with the services, will be charged to this card.

Credit Card Information: Customer agrees to provide and maintain accurate credit card information for the purpose of processing monthly recurring payments.

Processing Fee: A processing fee of 3% will be applied to invoices paid via credit/debit card.

Additional Payments: TYBO Agency agrees to notify Customer of any payments that are not part of the standard monthly services. This includes, but is not limited to, any one-time fees or charges for additional work or services requested outside of the core Digital Assistant and Digital Advertising plans. These additional payments will be charged separately and with prior notification to Customer.

Service Suspension: If Customer fails to make the payment, service will be automatically stopped.

Early Contract Termination: Customer understands that terminating the contract before Minimum Subscription Date, will result in a charge for the remaining balance of the contract. Furthermore, in the event that payment of this remaining balance is not made by Customer, Customer's name will be reported to a collections agency.

Transfer of Ownership: Upon activation of the e-commerce platform, full ownership and all associated rights will transfer to Customer. Furthermore, TYBO Agency will be granted collaborator access to the Customer’s Shopify store for the purpose of providing the Digital Assistant service.

Information Delivery Disclaimer: TYBO Agency aims to deliver all requested information within 45 days. However, this timeline is contingent upon the timely delivery of information from Customer. TYBO Agency is not responsible for any delays in the final delivery of information that are caused by Customer's failure to provide the requested data on time.

Card Registration Requirement: As of April 08 2026, customers must register a credit or debit card through the TYBO Agency invoice portal. Failure to register a card will result in a 20% administrative fee applied to the total invoice amount. Regardless of registration status, a late fee will be charged on all balances remaining unpaid seven (7) days after the due date.

 

Advertising Services:

Email Marketing Usage and Fees: If Customer is subscribed to our Advertising services, email marketing is included at no additional cost. However, Shopify allows for up to 10,000 emails per month. Any additional emails beyond this limit will incur a charge of $1 per 1,000 emails for the user.

Ownership of Advertising Strategies and Data During Service: Customer acknowledges and agrees that while TYBO Agency is actively managing Customer's advertisements, TYBO Agency retains ownership of the advertising strategies, measurements, analysis, strategy application, and data implemented in the campaigns. Additionally, TYBO Agency holds exclusive rights to the analytical information derived from these campaigns. Therefore, we do not permit any other company, individual, or agency to utilize the campaigns created by TYBO Agency. This means that, during the term of TYBO Agency's engagement, third parties may not reactivate, modify, or make any changes to the campaigns initially set up by TYBO Agency. Any violation of this clause may result in the immediate termination of the contract without any refund or compensation.

Contract Termination and Campaign Removal: TYBO Agency may cancel the contract at any time. This termination may occur for various reasons, including non-compliance with terms, breach of agreement, or other justifiable causes. If the contract is canceled by either party, the advertising campaigns managed by TYBO Agency will be removed from Google Ads and deleted from Meta. The only data that will remain accessible is the performance history stored in Google Analytics 4, from the time the account was created. This removal of campaigns does not limit the visibility of the results obtained, ensuring that Customer can still review performance metrics within Google Analytics 4.

Existing Campaigns Policy: For Clients with pre-existing advertising campaigns before engaging with TYBO Agency:

Modification for Improvement: Customer acknowledges and agrees that if active campaigns existed prior to the start of our collaboration, TYBO Agency will utilize the existing data and modify the current campaign structures, settings, and strategies as TYBO Agency deems necessary to significantly improve performance and achieve better results.

Ownership of Modifications: While TYBO Agency is actively managing Customer's advertisements, the "Ownership of Advertising Strategies and Data During Service" clause will apply to all modifications, new strategies, measurements, and analytical data implemented by TYBO Agency into these pre-existing campaigns.

Card Registration Requirement: As of April 08 2026, customers must register a credit or debit card through the TYBO Agency invoice portal. Failure to register a card will result in a 20% administrative fee applied to the total invoice amount. Regardless of registration status, a late fee will be charged on all balances remaining unpaid seven (7) days after the due date.

Late Fee: Customer understands and agrees that a late payment fee of 20% of the agency fee will be applied if the (Agency Fee) is not paid during the first 7 days of the month.

Contact Us:

If you have any questions or concerns about these Terms of Service, please contact us at info@tybo.agency.

By using the Services provided by TYBO Agency, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.