Dusty's Magic
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Terms of Service

Last updated: August 1, 2026

1. Agreement to Terms

By accessing and using Dusty's Magic services (including websites, products, and SMS alert programs under the brand Dustys Magic), you accept and agree to be bound by these Terms of Service. If you do not agree, please do not use the services.

2. Services Description

Dusty's Magic provides web design, development, hosting, digital products, and related technology services. Our services include but are not limited to:

  • Custom website design and development
  • E-commerce solutions
  • Website hosting and maintenance
  • Search engine optimization (SEO)
  • Digital marketing services
  • Domain registration and management
  • Optional low-volume transactional SMS home-safety alerts (for example, high indoor temperature warnings)

3. SMS / Text Messaging Program Terms

Program name: Dustys Magic Smart Home / Home Safety Alerts
Description: Transactional SMS notifications about home environmental and safety status (such as unusually high indoor temperature) so opted-in household members can take action (for example, check on pets or property).

  • Message frequency: Varies. Messages are typically rare and sent only when a configured alert condition is met, plus occasional system tests.
  • Message and data rates: Message and data rates may apply. Check with your mobile carrier for details about your plan.
  • Supported carriers: Major U.S. carriers are supported where our messaging provider (Twilio) and carrier rules allow.
  • Opt-in: You will only receive SMS if you have consented (for example, household agreement plus confirmation, or keyword opt-in when enabled).
  • HELP: Reply HELP for help.
  • STOP: Reply STOP to opt out of further SMS messages from this program. You may receive one final confirmation of opt-out.
  • Support contact: Email hello@dustysmagic.com or call (210) 650-2588.

SMS alerts are a convenience aid and are not a substitute for professional monitoring, insurance, or emergency services. You remain responsible for monitoring conditions that matter to you (including pets and property).

4. Payment Terms

Payment for services is due according to the terms specified in your service agreement. We accept various payment methods including credit cards and bank transfers.

  • Setup fees are due upon project commencement
  • Monthly hosting fees are billed in advance
  • Late payments may result in service suspension
  • All sales are final - no refunds, returns, or money-back guarantees under any circumstances

5. No Refund Policy

IMPORTANT: All payments made to Dusty's Magic are final and non-refundable. We do not offer refunds, returns, exchanges, or money-back guarantees under any circumstances, including but not limited to:

  • Dissatisfaction with services or results
  • Changes in business needs or circumstances
  • Technical issues or service interruptions
  • Cancellation of services for any reason
  • Failure to use purchased services

By making a payment, you acknowledge and agree to this no-refund policy. Please ensure you fully understand our services and terms before making any purchase.

6. Intellectual Property

Upon full payment, you will own the rights to your website content and design. However, Dusty's Magic retains rights to:

  • Our proprietary development frameworks and tools
  • Third-party software and plugins used in development
  • Our business methodologies and processes

7. Limitation of Liability

Dusty's Magic 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. Without limiting the foregoing, we are not liable for harm arising from delayed, failed, or missed SMS alerts, sensor failures, internet outages, or third-party carrier/provider issues.

8. Service Availability

While we strive for 99.9% uptime, we cannot guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible. SMS delivery depends on mobile carriers and third-party providers and is not guaranteed.

9. Termination

Either party may terminate paid services with 30 days written notice where applicable under a service agreement. Upon termination of a website project, you will receive copies of your website files and data, subject to the account being in good standing. SMS participation may be ended at any time by replying STOP.

10. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of our services, including SMS.

11. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Continued use of our services constitutes acceptance of modified terms.

12. Contact Information

If you have any questions about these Terms of Service, please contact us: