Terms & Conditions
Effective date: October 2025
Legal entity: Vivé Texas Homes, LLC (“Vivé Texas Homes,” “we,” “us,” or “our”)
These Terms & Conditions (“Terms”) govern your access to and use of the Vivé Texas Homes website, any related pages, forms, and content (the “Site”), as well as the process for requesting consultations, pre-construction services, and communications from us. By using the Site, submitting a form, or engaging with our communications (email/SMS), you agree to these Terms and to our Privacy Policy.
If you enter into a separate written construction, design, or pre-construction agreement with Vivé Texas Homes (a “Construction Agreement”), that agreement will control in the event of any conflict with these Terms.
1. Who We Are
Vivé Texas Homes is a family-owned custom home builder serving the Texas Hill Country. We offer site evaluation, plan development, budgeting, and custom home construction services. The Site provides general information about our services, showcases past work, and allows you to request consultations.
2. Website Use & Content
2.1 Informational Purposes Only
Content on the Site (including videos, case studies, photos, budgets, timelines, and “Featured Projects”) is for general informational purposes. It does not constitute binding quotes, professional or legal advice, or a promise of specific outcomes.
2.2 Intellectual Property
The Site, its design, text, graphics, logos, and media are owned by Vivé Texas Homes or our licensors and are protected by IP laws. You may not copy, reproduce, modify, distribute, or create derivative works from Site content without our prior written consent.
2.3 User Conduct
You agree not to:
- Use the Site for unlawful or harmful activities;
- Attempt to interfere with the Site’s operation or security;
- Scrape, harvest, or collect data except through our provided forms;
- Misrepresent your identity or submit false information.
2.4 Third-Party Links
We may link to external sites (e.g., lenders, designers, inspectors). We don’t control and aren’t responsible for their content, policies, or services.
3. Requests, Consultations & Pre-Construction
3.1 Initial Inquiry
Submitting your info via our forms (e.g., “Book My Consultation” or “Start My Plan”) is an invitation to connect, not a commitment by either party. Availability is limited and not guaranteed.
3.2 Three-Phase Pre-Construction (Overview)
Our pre-construction flow typically includes:
- Phase 1: Site Evaluation – High-level review of access, topography, utilities, and site constraints based on info you provide and/or available data. This is not a substitute for surveys, soils reports, or municipal/HOA review.
- Phase 2: Plan Development – Collaboration with our architect/designer to reflect your goals, budget range, and site realities. Drafts may iterate; final plans require your written approvals.
- Phase 3: Budget & Contract – We prepare a transparent, lender-ready proposal and (if both parties wish to proceed) a Construction Agreement with pricing, allowances, inclusions/exclusions, payment schedule, provisional sums, and timelines.
3.3 Estimates & Allowances
Any budgets or estimates before a signed Construction Agreement are non-binding and may change based on final plans, selections, market pricing, labor, permitting, engineering, utility work, and site conditions. Allowances are placeholders for items you’ll select later; actual costs may be higher or lower and will be reconciled via change orders per the Construction Agreement.
3.4 Site & Owner Responsibilities
You are responsible for providing accurate information about your land status, easements, HOA/ARC obligations, utilities, and any prior reports (surveys, soils, environmental). Unless the Construction Agreement states otherwise, you are responsible for obtaining required third-party approvals (e.g., HOA/ARC) and for timely selections to keep schedules on track.
3.5 No Start Without a Signed Construction Agreement
We do not commence construction, order materials, or lock a schedule without a fully executed Construction Agreement and any required deposits.
4. Communications, SMS & Email Consent
By checking consent boxes in our forms, you may authorize us to contact you via email and/or text message.
4.1 Transactional Messages
You consent to receive transactional messages related to your inquiries, appointments, or services. Message frequency varies. Message & data rates may apply. Reply STOP to opt out, HELP for help.
4.2 Marketing Messages
If you separately opt in to marketing, you consent to receive promotional emails and/or SMS about offers, updates, and news. Message frequency varies. Message & data rates may apply. Reply STOP to opt out, HELP for help.
4.3 Data Handling
We process your information per our Privacy Policy. You can withdraw consent at any time as described above.
5. Photography, Testimonials & Portfolio
With your permission, we may photograph or film your project for documentation and marketing (website, social media, print). You agree we may edit, display, and use such media and anonymized project details unless you revoke permission in writing. Client testimonials displayed on the Site are individual experiences and not guarantees.
6. Construction Agreement (If You Build With Us)
If we mutually agree to proceed, a Construction Agreement will govern:
- Scope & Specifications (drawings, inclusions, exclusions)
- Price Structure (fixed price, cost-plus, allowances)
- Payment Milestones (deposits, progress draws)
- Selections & Deadlines (to maintain schedule)
- Change Orders (pricing, approvals, documentation)
- Permits & Inspections (responsibilities and timing)
- Site Conditions (rock, groundwater, septic, utilities, access)
- Delays (force majeure, weather, supply chain, labor)
- Insurance & Risk (builder’s risk, GL; owner’s responsibilities)
- Lien Rights (per Texas law)
- Subcontractors & Vendors (selection and management)
- Quality Standards & Punch List (final walk-through procedures)
- Warranties (as specified in that agreement)
- Dispute Resolution (as specified in that agreement)
Note: These Terms are not a warranty. Any home warranty terms will be set out in the Construction Agreement and/or written warranty documents.
7. Disclaimers & Limitation of Liability
7.1 No Professional Advice
Site content is general and may not reflect your specific situation. Consult appropriate professionals (e.g., legal, engineering, tax) for advice.
7.2 “As-Is” Website
The Site is provided “as is” and “as available.” We do not warrant uninterrupted, error-free operation, or that the Site is free of harmful components.
7.3 Limitation of Liability
To the maximum extent permitted by law, Vivé Texas Homes and its owners, officers, employees, and agents are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to your use of the Site or reliance on Site content. Our aggregate liability related to Site use will not exceed $100.
These limitations do not limit any rights or remedies you may have under a signed Construction Agreement.
8. Indemnification
You agree to defend, indemnify, and hold harmless Vivé Texas Homes from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site, your violation of these Terms, or your violation of any law or third-party rights.
9. Privacy
Our collection and use of personal data is described in our Privacy Policy (linked in the Site footer). By using the Site or submitting forms, you consent to our data practices.
10. Accessibility
We strive to make our Site accessible. If you experience accessibility barriers or need information in an alternative format, contact us at the info below.
11. Changes to the Site or Terms
We may update the Site or these Terms at any time. Changes are effective when posted. Your continued use of the Site after changes means you accept the updated Terms.
12. Governing Law; Venue
These Terms are governed by the laws of the State of Texas, without regard to conflicts of law rules. Venue for disputes related to Site use shall be in the state or federal courts located in [Travis County, Texas]*.
*You can swap to Comal/Blanco/Kendall County if you prefer.
If you build with us, the Construction Agreement may specify different dispute resolution terms (including mediation/arbitration). Those terms will control for the project.
13) Contact Us
Vivé Texas Homes, LLC
8601 Dandelion Trail
Austin, Texas 78745
+1 512-775-7976
14) SMS Program Terms (Detailed)
Program: Vivé Texas Homes Alerts (Transactional), Vivé Texas Homes Marketing (Promotional; optional)
Frequency: Varies by interaction
Opt-Out: Reply STOP to end. You may receive one final message confirming your opt-out.
Help: Reply HELP for assistance or contact us at [email/phone].
Carriers: Not liable for delayed or undelivered messages.
Costs: Message & data rates may apply.
Eligibility: U.S. users 18+ or with parental consent.
Data Use: See our Privacy Policy for details on data handling and your rights.
15) Miscellaneous
- Severability: If a provision is unenforceable, the rest remain in effect.
- No Waiver: Our failure to enforce a provision isn’t a waiver.
- Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or asset sale.