Terms of Service for Distel.com

Effective Date: November 11, 2025

These Terms of Service (the “Terms”) govern your access to and use of distel.com and all subdomains, pages, and folders under this domain (collectively, the “Site”), as well as any forms, landing pages, messaging programs, and related services we operate.

Distel Properties LLC (the “Company,” “Distel,” “we,” “our,” or “us”) is located at 5300 Samuel Huston Ave, Unit A, Austin, Texas 78721. Contact: austin@distel.com | +1 (512) 866‑1684.

By accessing or using the Site or our services, you agree to these Terms and to our Privacy Policy (incorporated by reference). If you do not agree, do not use the Site or services.

1) Eligibility & Account Basics

• You must be 18 years or older to use the Site or services.
• When you provide information to us (e.g., via forms or email), you represent it is accurate and that you have authority to provide it.
• If you create an account (e.g., in a client portal we operate), you are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

2) Services; Relationship to Separate Agreements

• Distel provides advisory and related services for businesses (including AI, marketing, and sales consulting), educational content, and digital resources. Certain offerings may be provided through third‑party platforms described in Section 7.
• Client Work: If you engage us for paid services, the scope, fees, ownership, and confidentiality terms will be set out in a separate agreement (e.g., proposal, SOW, MSA, order form). If there is a conflict, the separate agreement controls for that engagement.

3) Acceptable Use

You agree not to, and not to allow others to:

• Use the Site or services for any unlawful, infringing, misleading, harmful, or abusive purpose;
• Attempt to probe, scan, or test the vulnerability of the Site or circumvent security controls;
• Interfere with or disrupt the Site (e.g., via scraping at unreasonable rates, introducing malware, or launching DDoS attacks);
• Upload, post, or transmit content that infringes third‑party rights or contains personal data you have no right to share;
• Use the Site or our messaging programs to send unauthorized marketing messages or spam, or to violate the TCPA, CTIA guidelines, carrier policies, or applicable laws;
• Use AI tools provided or referenced by Distel to generate content that is unlawful, discriminatory, or violates intellectual property or privacy rights.

We may suspend or terminate access for violations.

4) Electronic Communications; E‑Sign Consent

By providing your email or phone number, you consent to receive electronic communications from us (e.g., emails, SMS/MMS) relating to your requests and our services. You agree that electronic communications satisfy any legal requirements for written communications. You may withdraw consent by unsubscribing (email) or replying STOP (SMS/MMS), subject to our Privacy Policy.

Call Recording. Telephone calls with our team may be monitored or recorded for quality assurance, training, and compliance. By continuing with the call, you consent to recording. Where required by law, we will provide an audible notice at the start of the call.

5) Mobile Messaging (A2P) Program Terms — “Distel Alerts”

We operate an SMS/MMS program called Distel Alerts.

• Purpose: Two-way communications including transactional updates (e.g., confirmations, scheduling), service and support messages, and—with your express written consent—limited promotional messages.
• Originating numbers: +1 (512) 866‑1684 and/or any successor numbers we designate and notify you about.
• Opt‑in: Marketing SMS/MMS is sent only after you select an unchecked consent box or otherwise provide explicit written consent referencing these terms. Transactional messages may be sent to fulfill your requests.
• Two-way messaging: You may reply to our texts; your messages to us may be retained for support and compliance. Do not send sensitive information (e.g., government IDs, full payment card numbers, or medical data) over SMS.
• Opt‑out: Reply STOP to any SMS to end; you may receive a final confirmation message.
• Help: Reply HELP or contact +1 (512) 866‑1684 or austin@distel.com.
• Rates/Frequency: Message & data rates may apply. Frequency varies by activity and preferences.
• Consent not a condition of purchase: You can obtain services from us without agreeing to receive marketing texts.
• Quiet hours: We send marketing texts only within time windows permitted under Texas law.
• Carriers: Wireless carriers are not liable for delayed or undelivered messages.
• Recordkeeping: We maintain opt‑in/opt‑out records for compliance.
• Service providers: Messaging may be facilitated via HighLevel (and its messaging infrastructure providers) and similar vendors under contract with us.

Your participation is subject to our Privacy Policy, these Terms, and applicable laws (including TCPA/CTIA guidance and carrier rules).

6) Payments, Refunds, and Taxes

• Prices and payment terms for paid services will be provided at the time of order or in a separate agreement.
• Unless expressly stated otherwise, fees are non‑refundable once services begin, except as required by law.
• You are responsible for applicable taxes, duties, and payment processing fees where required.
• Charge disputes must be raised in writing within 15 days of the charge date.

7) Third‑Party Platforms & Tools

We use third‑party services to operate the Site and our programs, including but not limited to:

• Webflow by Webflow, Inc. (website hosting/design)
• HighLevel by HighLevel LLC (CRM, forms, landing pages, messaging orchestration)
• Google Ads and Google Analytics by Google LLC (advertising and analytics)
• Meta Ads Manager and Meta Pixel by Meta Platforms, Inc. (advertising and analytics)
• OpenAI (ChatGPT and the OpenAI API) by OpenAI OpCo, LLC (AI assistance)

Each third‑party service is governed by its own terms and policies. We do not control and are not responsible for third‑party services; your use of them is at your discretion.

8) AI Assistance (OpenAI) — Important Notice

We use AI services (e.g., OpenAI via ChatGPT or the OpenAI API) to assist with drafting, summarization, content generation, and customer support. AI systems can produce errors or outputs that may not be accurate, complete, or up‑to‑date. You are responsible for independently reviewing AI‑assisted outputs before relying on them.

• No professional advice: AI‑assisted outputs and Site content are not legal, medical, tax, accounting, financial, or other professional advice.
• Human review: We do not use AI systems to make decisions with legal or similarly significant effects about individuals without human review.
• Data minimization: We minimize personal data in prompts and avoid including sensitive information unless necessary for a legitimate business purpose consistent with our Privacy Policy.
• Training/data use: According to OpenAI’s published documentation, content sent via the OpenAI API is not used to train OpenAI’s models by default. If consumer ChatGPT interfaces are used internally, OpenAI may use that content to improve services unless we opt out; we limit or redact personal data in those contexts.

9) Intellectual Property

• The Site, its content, design, and trademarks are owned by Distel or our licensors and are protected by intellectual property laws.
• You may view the Site for your internal business use only. Except as permitted by law or a written license from us, you may not copy, reproduce, modify, distribute, or create derivative works from Site content.
• User Submissions: If you submit feedback, testimonials, or suggestions, you grant Distel a non‑exclusive, worldwide, royalty‑free license to use, reproduce, and display that content for our business purposes (e.g., improving services, marketing), subject to our Privacy Policy.

10) Confidentiality (Client Materials)

If you engage us for services, we will treat your non‑public materials as confidential and use them only to perform the engagement, subject to any separate agreement. Unless otherwise agreed in writing, we may reference your company name and high‑level project descriptions as part of our portfolio or client list.

11) Privacy; Data Processing

Your use of the Site is also governed by our Privacy Policy, which explains what data we collect, how we use it (including cookies/pixels and advertising audiences), and your rights. By using the Site, you consent to our data practices as described in the Privacy Policy.

11A) Marketing Disclosures

• Paid advertising. We run paid campaigns via Google Ads and Meta Ads Manager to promote our content and services. Placement of an ad does not imply endorsement by Google LLC or Meta Platforms, Inc. Results vary; we do not guarantee specific outcomes.
• Testimonials & case studies. Testimonials, reviews, and case studies reflect individual experiences and are not promises of results. Any examples of performance, revenue, or ROI are illustrative and not typical; your results will depend on your market, offer, budget, execution, and other factors.
• Offers & promotions. From time to time we may present limited-time offers, trials, or giveaways. Each promotion is subject to its Official Rules (eligibility, how to enter, start/end dates, prize details, odds, and disclosures). No purchase necessary unless explicitly stated; void where prohibited. See the promotion page for full rules and contact details.
• Creative & editorial content. Ad and landing-page visuals may include stock or illustrative imagery for concept demonstration only.
• Targeting & compliance. We use lawful targeting consistent with platform policies and applicable laws. We do not knowingly target prohibited categories or use sensitive attributes in a discriminatory manner. To adjust your ad preferences, use the tools offered by Google and Meta or contact us.
• Affiliate/partner links. Where we include affiliate or partner links, we may earn a commission if you make a purchase or sign up through our link. We disclose material connections where required.
• Third-party trademarks. Google, Meta, Webflow, HighLevel, and OpenAI are trademarks of their respective owners. They do not sponsor or endorse our Site or services.

12) Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISTEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR COMMUNICATIONS WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DISTEL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED US$100 OR, FOR PAID CLIENTS, THE AMOUNTS YOU PAID TO DISTEL FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT.

Some jurisdictions do not allow certain limitations; some limitations may not apply to you.

14) Indemnification

You agree to defend, indemnify, and hold harmless Distel and our officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site or services; (b) your violation of these Terms; or (c) your violation of any law or third‑party right.

15) Termination

We may suspend or terminate your access to the Site or services at any time for any reason, including violations of these Terms. You may stop using the Site at any time. Sections that by their nature should survive (e.g., IP, confidentiality, disclaimers, limitations, indemnification, dispute resolution) will survive termination.

16) Governing Law; Dispute Resolution (Arbitration & Class‑Action Waiver)

These Terms are governed by the laws of the State of Texas, without regard to its conflicts of laws rules.

Binding Arbitration. Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved by binding arbitration in Travis County, Texas under the AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction.

Class‑Action Waiver. YOU AND DISTEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Small‑Claims Carve‑Out. You and we may seek individual relief in small‑claims court in Travis County, Texas.

30‑Day Opt‑Out. You may opt out of arbitration by sending written notice to austin@distel.com within 30 days after first accepting these Terms; include your full name, address, phone, and a clear statement that you opt out of arbitration. If you opt out, the exclusive venue for disputes will be state or federal courts in Austin, Texas, and you consent to personal jurisdiction there.

17) Copyright Complaints

If you believe content on the Site infringes your copyright, notify us at austin@distel.com with: (a) a description of the work; (b) the URL of the allegedly infringing material; (c) your contact information; (d) your good‑faith statement of infringement; and (e) your statement under penalty of perjury that the information is accurate and that you are the owner or authorized to act on the owner’s behalf.

18) Export & Sanctions Compliance

You represent you are not located in, established in, or a resident of any country or on any list where access to the Site or services is prohibited under U.S. law. You agree to comply with U.S. export control and sanctions laws.

19) Changes to the Terms

We may update these Terms from time to time. The Effective Date above reflects the latest revision. Your continued use after changes constitutes acceptance of the revised Terms.

20) Miscellaneous

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement regarding the Site.
• No Waiver: Failure to enforce a provision is not a waiver.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• Assignment: You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.

21) Contact

Distel Properties LLC

5300 Samuel Huston Ave, Unit A

Austin, Texas 78721

Email: austin@distel.com

Phone: +1 (512) 866‑1684

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