Terms of Service: Disclaimers, Warranties, and Limitations of Liability

Effective Date: 10/01/2025
Last Updated: 09/25/2025

1. Service Disclaimers and Warranties

1.1 “As Is” and “As Available” Basis

Our services are provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, whether express, implied, or statutory, regarding our services.

1.2 No Warranties

Brandesigns specifically disclaims all warranties, including but not limited to:

  • Merchantability: We do not warrant that our services are suitable for commercial use
  • Fitness for a Particular Purpose: We do not guarantee our services will meet your specific needs
  • Non-infringement: We do not warrant that our services do not infringe third-party rights
  • Title: We do not warrant clear title to any intellectual property
  • Uninterrupted Service: We do not guarantee continuous, error-free operation
  • Security: We do not warrant that our services are free from viruses, malware, or security vulnerabilities

1.3 Performance Disclaimers

We do not warrant or guarantee that our services will:

  • Operate without interruption or errors
  • Meet your performance requirements or expectations
  • Be compatible with all hardware, software, or systems
  • Provide specific results or outcomes

1.4 Third-Party Content

Any advice, recommendations, or information provided by Brandesigns representatives does not create a warranty or guarantee of any kind.

2. Limitations of Liability

2.1 Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDESIGNS SHALL NOT BE LIABLE FOR:

Indirect Damages:

  • Consequential damages
  • Incidental damages
  • Special damages
  • Exemplary or punitive damages
  • Multiple damages

Business Losses:

  • Loss of revenue or profits
  • Loss of business opportunities
  • Loss of goodwill or reputation
  • Loss of anticipated savings

Data and Technology Issues:

  • Loss of data or inability to access data
  • Data corruption or deletion
  • Security breaches or unauthorized access
  • Interception of communications
  • Third-party service failures or discontinuation
  • AI model changes or limitations
  • Hosting provider issues or downtime

Performance and Results:

  • AEO citation frequency or visibility in AI responses
  • Website traffic, rankings, or conversion improvements
  • AI implementation performance or cost savings
  • Template functionality limitations
  • Third-party integration failures

2.2 Maximum Liability Cap

Our maximum total liability for any and all claims arising out of or relating to this agreement, regardless of the theory of liability, shall not exceed the total amount of fees paid by you to Brandesigns during the three (3) months immediately preceding the event giving rise to the claim.

2.3 Time Limitation

Any claim against Brandesigns must be brought within six (6) months after the cause of action arises, or such claim will be permanently barred.

3. Specific Service Limitations

3.1 Web Development Services

For custom and template-driven web development:

  • We reserve the right to delay or discontinue any project for legitimate business reasons
  • If project suspension is due to our fault, you will receive a refund of your deposit minus billable hours already completed
  • We will provide immediate notification of any changes to project status
  • Timeline estimates are approximate and not guaranteed
  • Template customizations are limited to the capabilities of the chosen template system
  • Custom development may require ongoing maintenance and updates not included in initial pricing

3.2 AI Consultation Services

For artificial intelligence consulting and implementation:

  • AI technology recommendations are based on current market conditions and may become outdated
  • We do not guarantee specific performance improvements or cost savings from AI implementations
  • Third-party AI services (OpenAI, Anthropic, Google, etc.) are subject to their own terms and limitations
  • AI-generated content may require human review and cannot be guaranteed to be error-free
  • Compliance with AI-related regulations is the client’s responsibility

3.3 Answer Engine Optimization (AEO)

For Answer Engine Optimization services:

  • Results in AI-powered search platforms (ChatGPT, Claude, Perplexity, Google AI, etc.) cannot be guaranteed
  • AEO is an emerging field and best practices continue to evolve rapidly
  • Success depends on factors beyond our control, including algorithm changes and data source updates
  • We make no warranties about citation frequency or brand visibility in AI responses
  • AEO strategies may take months to show results and effectiveness may vary significantly

3.4 Website Maintenance Services

For ongoing website maintenance:

  • Maintenance services are limited to agreed-upon scope of work
  • Emergency fixes outside business hours may incur additional charges
  • We are not responsible for issues caused by client modifications or third-party plugins
  • Backup and security services do not guarantee complete data protection
  • Website uptime depends on hosting provider performance (see Section 3.5)

3.5 Third-Party Hosting Recommendations

When we recommend hosting services (such as Springs Hosting at https://www.springshosting.com):

  • We receive no compensation for hosting referrals unless explicitly disclosed
  • Hosting performance, uptime, and security are the sole responsibility of the hosting provider
  • We are not liable for hosting-related issues, downtime, or data loss
  • You must comply with the hosting provider’s terms of service
  • Migration services between hosts may incur additional fees and cannot guarantee zero downtime
  • We do not warrant the continued availability or quality of recommended hosting services

3.6 Website Content and General Limitations

We are not responsible for:

  • The accuracy, legality, or completeness of website content you provide
  • Third-party integrations, plugins, or external services
  • Search engine rankings or organic traffic generation
  • Compliance with industry-specific regulations (unless specifically contracted)
  • Performance of recommended third-party services or tools

4. Client Responsibilities and Indemnification

4.1 Client Obligations

You agree to:

  • Provide accurate information and materials for your project
  • Maintain current contact information and billing details
  • Comply with all applicable laws and our terms of service
  • Promptly notify us of any issues or concerns

4.2 Third-Party Claims

Upon our request, you will notify any third party in writing that Brandesigns is not responsible for:

  • Content or materials posted on your website
  • Your use or misuse of our services
  • Actions taken by third parties using your systems
  • Performance or availability of recommended hosting services
  • Results from AI consultations or AEO strategies
  • Issues arising from third-party integrations or services

4.3 Indemnification

You agree to defend, indemnify, and hold harmless Brandesigns (including our officers, employees, agents, contractors, and affiliates) from any third-party claims arising from:

  • Your breach of this agreement
  • Alleged infringement of intellectual property or privacy rights through your use of our services
  • Your misuse of our services or violation of applicable laws
  • Any content you provide or publish using our services
  • Your use of AI-generated content or recommendations
  • Claims related to third-party services we recommended
  • Issues arising from hosting services or website maintenance

This indemnification includes payment of losses, damages, costs, and reasonable attorneys’ fees.

5. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters or extreme weather
  • Government actions or regulations
  • Internet or telecommunications failures
  • Cyber attacks or security incidents
  • Pandemic or public health emergencies

6. Client Abandonment Policy

6.1 Service Continuity

If you become unreachable or your account is suspended for an extended period, and your end-users contact us for continued service, we reserve the right to:

  • Provide services directly to your end-users through our standard ordering process
  • Transfer services to maintain business continuity
  • Take necessary actions to prevent service interruption

6.2 Your Acknowledgment

You acknowledge that:

  • Service abandonment may have irreversible consequences
  • You should maintain current billing information and contact details
  • We are held harmless for actions taken to maintain service continuity

7. Limitation Extensions

7.1 Corporate Protection

The limitations and exclusions in this agreement apply equally to:

  • Brandesigns officers and directors
  • Employees and contractors
  • Agents and representatives
  • Suppliers and service providers
  • Subsidiaries, parent companies, and affiliates

7.2 Survival

These limitations of liability shall survive termination of this agreement and continue to protect Brandesigns in perpetuity.

8. Legal and Jurisdictional Provisions

8.1 Governing Law

This agreement is governed by the internal laws of the State of Colorado, without regard to conflict of law principles that would require application of other jurisdictions’ laws.

8.2 Jurisdiction and Venue

You consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Fort Collins, Colorado for any disputes arising under this agreement.

8.3 Severability

If any provision of this agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

8.4 Waiver

No delay or failure to exercise any right under this agreement shall operate as a waiver of that right or any other right.

9. Entire Agreement and Communications

9.1 Complete Agreement

This agreement, together with any referenced documents, constitutes the complete and exclusive statement of the agreement between the parties and supersedes all prior negotiations, agreements, and understandings.

9.2 Communications

To You: All communications will be sent to the contact information provided at the time of order, unless you provide alternate information in writing.

To Us: All communications and payments should be sent to Brandesigns through our email address or forms on our website or otherwise provided to you as our client.

10. Acceptance and Modifications

10.1 Acceptance

By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

10.2 Modifications

We may modify these terms at any time by posting updated terms on our website. Continued use of our services constitutes acceptance of modified terms.

IMPORTANT: These limitations of liability are fundamental to our ability to provide services at competitive rates. If you do not agree to these terms, please do not use our services.

Legal Notice: This document should be reviewed by qualified legal counsel to ensure compliance with applicable laws and adequacy for your specific business needs.