Agreement
These Terms of Service (“Terms”) govern your access to and use of the Genius Folks website and any services we provide under a separate statement of work or contract. By using our site or engaging us, you agree to these Terms.
Services
Descriptions on our website are illustrative. Specific deliverables, timelines, fees, and responsibilities are defined only in a signed agreement between you and Genius Folks.
Acceptable use
You agree not to misuse our site or services: no unlawful activity, no interference with security or availability, no scraping or automated access that harms our systems, and no transmission of malware or infringing content.
Intellectual property
Our site content, branding, and pre-existing materials remain our property unless otherwise agreed in writing. Client-owned materials you provide stay yours. Ownership of deliverables is as set forth in your project agreement.
Client responsibilities
You will provide accurate information, timely feedback, and necessary access and approvals. Delays or omissions on your side may affect schedules and costs.
Fees and payment
Fees, invoicing, and taxes are governed by your contract. Late payment may suspend work or accrue charges as stated in that agreement.
Confidentiality
We treat non-public business information you share with reasonable care consistent with our engagements. Mutual confidentiality obligations may be detailed in a separate NDA or SOW.
Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT, OUR SITE AND SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENIUS FOLKS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE (ABSENT A SEPARATE SIGNED CONTRACT SAYING OTHERWISE) WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (USD $100) OR THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.
Indemnity
You will defend and indemnify Genius Folks against claims arising from your materials, your use of deliverables in violation of law, or your breach of these Terms, subject to applicable law.
Termination
We may suspend or terminate access to the site for conduct that violates these Terms. Project termination is as specified in your SOW or contract.
Governing law
These Terms are governed by the laws of the State of California, excluding conflict-of-law rules, unless a signed agreement specifies otherwise. Courts in Santa Clara County, California, shall have exclusive jurisdiction for disputes solely related to these site Terms, subject to mandatory consumer protections where applicable.
Changes
We may modify these Terms by posting updates on this page and changing the “Last updated” date. Continued use of the site after changes constitutes acceptance where allowed by law. For active client contracts, the signed agreement controls.
Legal note
Template. These Terms are a general website template. Have them reviewed by qualified legal counsel before relying on them for compliance or enforcement.
Related document — Privacy Policy