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Terms and Conditions

Last Updated: September 23, 2025

  1. Acceptance of Terms

By accessing or using the website vyb.agency (“the Site”) or engaging with The VyB Agency for services, you agree to be bound by these Terms and Conditions (“T&C”). If you do not agree to these T&C, you may not access or use the Site or engage our services.

  1. Scope of Work and Services

The specific services provided by The VyB Agency (“Work”) will be outlined in a separate Statement of Work (SOW) or a formal service agreement between The VyB Agency and the client. This T&C serves as the master agreement for all services. In the event of any conflict between this T&C and a separate SOW, this T&C shall be the controlling document.

  1. Independent Contractor Status

The VyB Agency operates as an independent contractor. Nothing in these T&C shall be construed to create an employer-employee, partnership, or joint venture relationship. The VyB Agency is solely responsible for its own taxes and business obligations.

  1. Payments and Financial Provisions

The client agrees to pay all fees for services as outlined in the SOW. Work will be paid in full upon submission of the invoice, which represents a binding agreement to the terms of services rendered.

  • Payment Methods: Payments can be made via Stripe, Paypal, Credit Card.
  • Late Fees: Any payments not received when due will incur interest on all overdue amounts at 15% per month, or the maximum percentage allowed under applicable laws, whichever is less. The client is responsible for all costs of collection, including reasonable attorney fees.
  • Breach of Contract: If the client fails to make a payment when due, The VyB Agency has the option to treat such failure as a material breach of this Contract. The VyB Agency may then cancel this Contract and/or seek legal remedies.
  1. AI-Generated Content Disclaimer

The VyB Agency utilizes various AI tools, including but not limited to Semrush, Claude AI, ChatGPT, and Google Gemini Pro, to increase efficiencies in our creative and analytical processes. While we strive for accuracy, the content generated by these tools may contain inaccuracies, errors, or statements that do not reflect human expertise or opinions. The client acknowledges that The VyB Agency is not liable for any such errors or inaccuracies. The client is solely responsible for reviewing and verifying all content before publication or use.

  1. Intellectual Property (IP)
  • Client IP: All client-provided materials (e.g., logos, branding, copy) remain the exclusive property of the client.
  • Agency IP: Any ideas, discoveries, inventions, or other information (collectively “Work”) developed by The VyB Agency during the project but not included in the final deliverables, such as design mock-ups, drafts, and sketches, shall be the sole property of The VyB Agency.
  • Project Deliverables: Upon successful completion of final Work and full and final payment, the client will be granted full and unlimited reproduction rights to the Project. The client-approved Work paid for in full will be the exclusive property of the client.
  • Reproduction Rights: The VyB Agency retains the right to reproduce the final Work in any form for marketing, future publications, competitions, or other promotional uses. The VyB Agency will not, however, reproduce the Work for commercial or for-profit use.
  • AI and Copyright: The client acknowledges and agrees that content generated solely or primarily by AI may not be eligible for copyright protection under U.S. law. The VyB Agency makes no guarantees regarding the copyright status of any AI-generated deliverables.
  1. Confidentiality

The VyB Agency, its employees, agents, or representatives will not, at any time or in any manner, either directly or indirectly, use for the personal benefit of The VyB Agency, or divulge, disclose, or communicate in any manner, any information that is proprietary to the client. The VyB Agency and its representatives will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Contract.

  1. Indemnification and Warranty
  • Indemnification: The client agrees to defend, indemnify, and hold harmless The VyB Agency, its employees, and agents from any and all third-party claims, damages, losses, or expenses (including legal fees) arising from the use of our services or any content, including AI-generated content, provided to the client. This includes, but is not limited to, claims of copyright infringement, defamation, false advertising, or breach of contract.
  • Warranty: The VyB Agency shall provide its services and meet its obligations in a timely and professional manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the industry. The standard of care will be equal to, or superior to, that used by similar agencies on similar projects.
  1. Dispute Resolution

Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. The arbitrator’s decision shall be final and binding on the parties, and judgment may be entered in any court having jurisdiction.

  1. Testimonials and Performance Claims
  • Testimonials: By submitting a testimonial or review to The VyB Agency, you grant us permission to reproduce, reuse, and publish it on our website and in our marketing materials.
  • Performance Claims: Any claims of results or performance metrics on our website, such as increased sales or revenue, are based on past client performance. Results may vary, and we make no guarantee that you will achieve similar results.
  1. General Provisions
  • Entire Agreement: This T&C contains the entire agreement of the parties and supersedes any prior written or oral agreements.
  • Severability: If any provision of this T&C is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
  • Amendment: This T&C may only be modified or amended in writing signed by both parties.
  • Governing Law: This T&C shall be governed by and construed in accordance with the laws of the State of California.
  1. Contact Information

For any questions regarding these T&C, please contact us at:

  • Email: matt@vyb.agency
  • Phone: 310-304-4485
  • Mailing Address: Provided upon request.