Legal
Terms & Conditions
Last updated August 31, 2026
These terms cover your use of ka-performancefl.com and the messages we send you, including text messages. K & A Performance is a web design and AI integration studio operating in Florida. If you use this site, contact us through it, or opt in to our text messages, these terms apply. If you do not agree with them, please do not use the site.
Using this site
You may browse the site, read our work, and contact us about a project. Please do not attempt to break, scrape at scale, overload, or gain unauthorised access to any part of it, and do not submit anything unlawful through our forms or chat. We may change, pause, or remove parts of the site at any time without notice.
Enquiries, quotes, and engagements
Scoping conversations, estimates, and quotes are free and are not binding offers. Nothing on this site and no reply to a form submission creates a contract on its own. Paid work begins only under a separate written proposal or engagement agreement signed by both of us, and that agreement governs the project, deliverables, timelines, fees, and ownership. Where these terms and a signed engagement agreement conflict, the engagement agreement wins for that project.
The AI assistant
Some pages offer an AI assistant that answers questions and helps scope a project. It is a convenience, not advice, and it can be wrong. Nothing it says is a quote, a commitment, or a professional recommendation, and we are not bound by it. Please do not type passwords, payment details, or confidential material into it. How those messages are handled is described in our Privacy Policy.
Text message (SMS) terms
K & A Performance runs a text messaging program so we can reach you about your enquiry or your project. These terms apply to that program, and by opting in you agree to them.
What we send
Customer care messages only: appointment and consultation scheduling, confirmations, reschedules and reminders, replies to an enquiry you sent us, project updates, and invoice or billing notices. We do not send marketing or promotional text messages, and we do not send recurring campaign blasts.
Scheduling messages are handled by an automated assistant that books, confirms, and reminds you about appointments, so some replies you receive are generated automatically rather than typed by a person. You can always reach a human by emailing [email protected].
How you opt in
You opt in by giving us your mobile number and asking us in writing to text you. We do not collect mobile numbers or SMS consent through the forms on this site, so you will never be texted because of something you filled in here. Consent to receive text messages is not a condition of purchasing anything from us, and you are welcome to work with us by email or phone alone.
Message frequency
Message frequency varies. It depends on your enquiry and on whether a project is active, and messages are generally sent in reply to something you asked or in response to a scheduled milestone.
Cost
Message and data rates may apply. We do not charge you for text messages, but your mobile carrier may charge you for sending or receiving them under your plan. Check with your carrier if you are unsure.
How to stop (opt out)
Reply STOP to any message from us at any time to cancel. You will receive one final message confirming that you have been unsubscribed, and we will send no further texts to that number. You can also email [email protected] and ask us to remove your number. Opting out of texts does not stop us replying to you by email.
How to get help
Reply HELP to any message from us for assistance, or email [email protected]. We will reply with our contact details and how to opt out.
Carriers and delivery
Carriers are not liable for delayed or undelivered messages. Delivery depends on effective transmission by your mobile carrier and is outside our control, so please do not rely on text messages for anything time-critical. Supported carriers may change without notice.
Your number
Only give us a mobile number you own or are authorised to use, and tell us if it changes or you give it up, so we do not end up texting someone who never asked to hear from us. You must be at least 18 years old to opt in.
Privacy
Your mobile number and your consent to be texted are handled as described in our Privacy Policy. We do not sell mobile numbers. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties.
Our work and yours
The design, copy, code, and imagery on this site belong to K & A Performance or to the clients and artists we credit, and are protected by copyright. Please do not copy or republish them without permission. Anything you send us through a form or the chat stays yours; you give us permission to use it to reply to you and to scope the work you asked about.
Third-party services and links
This site links to other sites and relies on third-party services for forms, hosting, messaging, and AI. We do not control those services and are not responsible for their content or their practices. Their own terms and privacy policies apply when you use them.
Disclaimers and limits
This site and its content are provided as-is, without warranties of any kind, express or implied. We do not promise the site will be uninterrupted, error-free, or fit for a particular purpose. To the fullest extent the law allows, K & A Performance is not liable for indirect, incidental, or consequential damages arising from your use of this site, our AI assistant, or our text messages. Nothing here limits liability that cannot lawfully be limited.
Governing law
These terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any dispute arising from them belongs in the state or federal courts serving Alachua County, Florida.
Changes and contact
If these terms change in substance, we will update the date at the top of this page. Continuing to use the site or our text messages after a change means you accept the updated terms. Questions about any of it can go to [email protected].