Terms of Service
Last updated: September 5, 2026 · Top Elysian Digital, Wylie, Texas
These Terms of Service ("Terms") govern your use of topelysian.com and any website design, hosting, messaging, or lead-follow-up services provided by Top Elysian Digital ("Top Elysian," "we," "us"). By using this site or purchasing our services, you agree to these Terms. If you do not agree, do not use the site or our services.
Top Elysian Digital is a website and marketing-systems provider based in Wylie, Texas, serving businesses in the Dallas–Fort Worth metroplex and remotely. Contact: (469) 804-9908, [email protected].
Section 2 — Services
We provide some combination of the following, depending on the package you purchase: website design and hosting, a dedicated business phone number, missed-call text-back automation, review request automation, text and email campaigns, online booking, and a mobile app for managing conversations. Specific inclusions are described on our pricing page and in your order confirmation.
We may improve, modify, or replace the underlying platform and tools we use to deliver these services, provided the functionality you purchased remains available.
Section 3 — Fees, Trial, and Billing
The 14-day trial applies to the monthly subscription fee only. The one-time build fee is charged upfront and is non-refundable, because it covers work performed before your service goes live. If you cancel within the 14-day trial window, you are never charged a monthly subscription fee.
Build fee. A one-time setup fee, charged before work begins, in the amount shown on the pricing page or your order confirmation. Non-refundable once work has started.
Monthly fee. Billed automatically to your payment method on the same day each month, beginning on day 15 after your system goes live, unless you cancel during the trial.
Founding client rate. Where offered, the founding rate is locked for 12 months from the first monthly charge, in exchange for the deliverables described in your written founding-client agreement. If those deliverables are not provided, we may return your account to standard pricing with 30 days notice.
Add-ons. Local SEO, paid advertising management, additional pages, and other add-ons are quoted and billed separately.
Messaging usage. Text and call usage beyond the allowance included in your package may be billed at cost plus a stated markup, disclosed before it applies.
Failed payments. If a payment fails, we will notify you. Service may be suspended if the balance is unpaid after 10 days.
Prices are in U.S. dollars and exclude any applicable taxes.
Section 4 — Cancellation
Our monthly services are month to month with no long-term contract, except where you have accepted a founding client rate with a stated 12-month term. To cancel, email [email protected] or text (469) 804-9908. Cancellation takes effect at the end of your current billing period; we do not prorate partial months. You will not be billed again after that period ends.
What you keep. Your domain name is yours and stays registered to you. The content you supplied — copy, images, logos, customer list — is yours, and we will export it to you on request within 14 days of cancellation. The underlying platform build, templates, and automations remain ours and stop working when your subscription ends.
Section 5 — Your Responsibilities
Provide accurate business information and respond to reasonable requests for content and approvals so we can build on schedule. Own or have permission to use everything you give us — logos, photos, copy, and customer data. Keep your account credentials secure and tell us promptly if they are compromised. Use messaging lawfully: only send messages to people who have opted in, honor every opt-out, and do not use our systems for prohibited content. Comply with all laws applicable to your business, including licensing, advertising claims, and consumer protection rules.
Section 6 — Messaging Compliance and Acceptable Use
Text messaging through our systems is subject to the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and mobile carrier rules. As a condition of using messaging features, you agree that:
You will only message contacts who have given prior express consent through a documented opt-in — a form with an unchecked consent box, a text they sent you first, or written permission you can produce.
You will not import purchased, rented, scraped, or otherwise unverified phone lists.
Every marketing message will identify your business and include opt-out instructions.
You will honor STOP requests immediately and permanently; our system enforces this automatically.
You will not send content prohibited by carriers, including messages relating to cannabis, CBD, illegal substances, firearms, gambling, high-risk lending, debt collection or forgiveness, get-rich-quick offers, adult content, or hate speech.
You will cooperate with A2P 10DLC brand and campaign registration and provide truthful business information for it.
We may suspend messaging on your account immediately, without refund of the current period, if we receive a carrier violation notice, a spam complaint pattern, or credible evidence of non-consented sending. Repeat violations are grounds for termination.
Section 7 — Intellectual Property
You retain ownership of your brand assets, content, and customer data. We retain ownership of our templates, code, automations, processes, and any pre-existing materials, and grant you a non-exclusive license to use them for your business while your subscription is active. We may display your website and general results in our portfolio and marketing unless you ask us in writing not to.
Section 8 — Results and Warranties
We do not guarantee specific results — lead volume, revenue, search rankings, or review counts. Marketing results depend on factors outside our control, including your market, pricing, responsiveness, and reputation. Anyone promising guaranteed rankings or a specific number of leads is not being straight with you.
Our services are provided as is and as available. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation; we depend on third-party platforms, carriers, and hosting providers.
Section 9 — Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS WHAT YOU CAN RECOVER FROM US.
TO THE FULLEST EXTENT PERMITTED BY LAW, TOP ELYSIAN DIGITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST LEADS, LOST DATA, OR LOSS OF GOODWILL, even if we have been advised of the possibility of those damages, and regardless of whether the claim is based in contract, warranty, negligence, strict liability, or any other theory.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. If you have paid us nothing in that period, our total liability will not exceed one hundred dollars ($100).
Third parties and platforms. We deliver our services using third-party platforms, mobile carriers, hosting providers, and messaging networks. We are not liable for their outages, delays, message filtering, blocking, number deactivation, price changes, suspension of your account by a carrier or platform, or their acts or omissions.
Your messaging obligations. We are not liable for penalties, claims, or damages arising from your failure to obtain and document proper consent, your failure to honor opt-out requests, or your other breaches of Section 6. Responsibility for the content of messages you send, and for the lawfulness of the contacts you send them to, remains yours.
What this section does not limit. Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or personal injury or death caused by our negligence.
Time limit. Any claim arising out of or relating to these Terms or our services must be brought within one (1) year after the claim arises, or it is permanently barred, except where a longer period is required by law.
Basis of the bargain. You acknowledge that the fees we charge reflect this allocation of risk, and that these limitations are an essential basis of the agreement between us. They apply even if a limited remedy is found to have failed its essential purpose.
Section 10 — Indemnification
You agree to indemnify and hold harmless Top Elysian Digital from claims, damages, penalties, and reasonable attorneys fees arising from your content, your business practices, your use of messaging features in violation of Section 6, or your breach of these Terms.
Section 11 — Third-Party Services
Our services rely on third-party providers including our CRM and messaging platform, telephony carriers, payment processors, and hosting and domain registrars. Their outages, price changes, or policy changes may affect your service. We will make reasonable efforts to mitigate impact and to notify you of material changes.
Section 12 — Changes to These Terms
We may update these Terms. We will post the revised version with a new last updated date and, for material changes affecting active clients, notify you by email or text at least 30 days before they take effect. Continued use after that date means you accept the change.
Section 13 — Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Collin County, Texas, and both parties consent to that jurisdiction. Before filing, both parties agree to attempt in good faith to resolve the dispute directly for 30 days.
Section 14 — Contact
Top Elysian Digital
Wylie, Texas, United States
Phone / text: (469) 804-9908
Email: [email protected]