⚠️ IMPORTANT: PLEASE READ CAREFULLY

BY ENGAGING PROPEL WEB CO.'S SERVICES, SUBMITTING A CONTACT FORM, MAKING ANY PAYMENT, OR USING ANY SERVICES PROVIDED BY PROPEL WEB CO., YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.

THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING, BUT NOT LIMITED TO: LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, INDEMNIFICATION OBLIGATIONS, AND A BINDING ARBITRATION CLAUSE. PLEASE REVIEW EACH SECTION CAREFULLY.

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("Client," "you," or "your") and Propel Web Co. ("Company," "we," "our," or "us"), a partnership organized and existing under the laws of the State of Florida.

Acceptance of Terms: By accessing our website, contacting us through any form, engaging our services, making any payment, or continuing to use our services after any updates to these Terms, you expressly acknowledge and agree that you have read, understood, and consent to be bound by these Terms.

Authority to Bind: If you are entering into this Agreement on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" and "your" shall refer to such entity.

2. Description of Services

Propel Web Co. provides managed digital services on a subscription basis, which may include, but are not limited to:

Website design, development, and management
Website hosting and maintenance (through third-party infrastructure providers)
Search engine optimization (SEO) and digital marketing services
Mobile and web application development
Domain registration and email account setup and management
Ongoing website updates, support, and maintenance

The specific scope of services will be outlined in your individual service agreement or proposal. Services are provided "as described" and may be modified, expanded, or discontinued at our discretion with reasonable notice.

⚠️ 3. Subscription Model — NOT A PURCHASE

CRITICAL UNDERSTANDING: Propel Web Co. operates exclusively as a subscription-based managed service provider. By engaging our services, you are subscribing to access and use our managed services — you are NOT purchasing ownership of any deliverables, work product, code, designs, domains, or any other assets.

This subscription model is designed to provide you with:

Continuous access to professional digital services
Ongoing maintenance, updates, and technical support
Management of technical infrastructure on your behalf
Relief from the burden of managing technical systems yourself

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use and benefit from the services and deliverables we create and manage on your behalf, solely for the duration of your active subscription.

⚠️ 4. OWNERSHIP OF WORK PRODUCT — CRITICAL SECTION

THIS SECTION IS FUNDAMENTAL TO YOUR AGREEMENT WITH PROPEL WEB CO. BY ENGAGING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING OWNERSHIP TERMS:

4.1 Propel Web Co.'s Exclusive Property

ALL work product created by Propel Web Co. in connection with your project is and shall remain the sole and exclusive property of Propel Web Co. This includes, without limitation:

All website source code, including HTML, CSS, JavaScript, TypeScript, and any backend code
All custom designs, graphics, icons, images, and visual assets we create
All application code, configurations, databases, and system architectures
All domain names registered by us on your behalf
All email accounts and associated infrastructure we set up for you
All proprietary tools, templates, frameworks, and methodologies we use
All documentation, specifications, and technical materials we produce

4.2 Client's Property

The following shall remain your property:

Domain names you owned prior to engaging our services and provide to us for use
Your pre-existing business content, copy, logos, and branding materials you provide to us
Third-party accounts and integrations you independently set up and control
Business data stored in third-party services you directly control
Any portions of backend systems directly integrated with third-party services you independently own and operate

4.3 No Transfer of Ownership

Under no circumstances shall ownership of any work product transfer to you unless and until: (a) you have provided written notice of your intent to terminate services; (b) you have expressly negotiated and agreed to purchase specific assets; (c) a separate written purchase agreement has been executed; and (d) full payment for such purchase has been received.

4.4 Asset Purchase Upon Termination

If you choose to terminate your subscription, you shall have the option, but not the right, to negotiate the purchase of certain assets including domains, email accounts, and/or source code. Any such purchase:

Is entirely at Propel Web Co.'s discretion
Will be priced based on fair market value, development costs, and current demand
Must be completed prior to termination of services
Requires a separate written asset purchase agreement

We strongly recommend purchasing domains and email accounts if you have connected any third-party services using credentials we provided.

4.5 Consequences of Non-Purchase

If you terminate services without purchasing assets, you acknowledge and agree that: (a) access to all websites, applications, and services will be terminated; (b) domains and email accounts we registered will revert to or remain with Propel Web Co.; (c) we may repurpose, modify, or delete any work product at our discretion; and (d) you shall have no claim to any work product.

5. Email Transition Assistance

As a courtesy, if you choose not to purchase email accounts we set up for you and you have connected third-party services using those email addresses, we may, at our sole discretion, provide limited assistance in transitioning your accounts. This may include:

Temporary continued access to email accounts for a reasonable transition period
Guidance on updating email addresses with third-party services

This assistance is provided as a courtesy only and does not create any obligation. The transition period shall not exceed thirty (30) days unless otherwise agreed in writing. We are not responsible for any loss of access to third-party services due to your failure to update account credentials.

6. Portfolio, Publicity & Showcase Rights

By engaging our services, you grant Propel Web Co. an irrevocable, perpetual, royalty-free, worldwide license to:

Display and reference the work we create for you in our portfolio
Use screenshots, descriptions, and case studies in our marketing materials
Reference you as a client (unless confidentiality is specifically requested)
Showcase the work on our website, social media, and promotional materials

If you require confidentiality, you must request this in writing before the project begins. Verbal requests for confidentiality are not binding.

7. Proprietary Operations & Trade Secrets

7.1 Operational Confidentiality

You acknowledge and agree that Propel Web Co.'s methods, processes, technologies, tools, workflows, and operational procedures constitute proprietary trade secrets and confidential business information. This includes, but is not limited to:

The specific hosting providers, platforms, and infrastructure we use
Our development tools, frameworks, and technologies
Our operational workflows and business processes
Pricing structures, vendor relationships, and cost structures
Proprietary code, templates, components, and systems
Automation tools and integration methods

7.2 Right to Change Providers & Infrastructure

Propel Web Co. reserves the absolute right to change, modify, or replace any hosting providers, service providers, platforms, tools, technologies, or infrastructure at any time without prior notice to you. We may make these changes to:

Improve service quality and performance
Reduce costs or improve efficiency
Respond to vendor changes or discontinuations
Enhance security or reliability
Adapt to new technologies or best practices

You agree that you have no right to be informed of these operational decisions, and such changes do not constitute a breach of this agreement or any service level commitment.

7.3 No Disclosure Obligation

You expressly acknowledge that you have no right to know, and we have no obligation to disclose:

How we build, develop, or maintain your website or applications
Which specific technologies, vendors, or providers we use
Our internal processes, workflows, or operational methods
The structure, architecture, or technical implementation of our services
Our costs, margins, or pricing methodologies

7.4 Non-Compete & Non-Circumvention

By engaging our services, you agree not to:

Attempt to reverse-engineer our methods, processes, or technologies
Use knowledge gained from our services to replicate our business model
Share our operational methods with competitors or third parties
Hire or contract with our vendors, freelancers, or partners for the purpose of replicating our services
Use our templates, code, or systems to provide similar services to others

7.5 Protection of Trade Secrets

You acknowledge that any unauthorized disclosure, use, or misappropriation of Propel Web Co.'s trade secrets may cause irreparable harm for which monetary damages would be inadequate. Propel Web Co. shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity, without the requirement of posting a bond.

⚠️ 7.6 Third-Party Infrastructure & Security Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

Propel Web Co. is an INTEGRATOR and CONNECTOR, NOT an infrastructure provider. We design, develop, and manage websites and applications, but we do not own, operate, or control the underlying hosting, data storage, or infrastructure services.
All website hosting, data storage, server infrastructure, CDN services, and related technical operations are provided by THIRD-PARTY SERVICE PROVIDERS (such as Vercel, AWS, Cloudflare, GoDaddy, Google, and others).
We DO NOT build, maintain, or control the critical data hosting, server infrastructure, or security systems that power your website or application.
We CANNOT promise or guarantee 100% security from cyber attacks, data breaches, hacking, or unauthorized access.No technology provider can make such guarantees.
Security vulnerabilities, data breaches, or failures at the infrastructure level are the responsibility of the third-party service providers, NOT Propel Web Co.
We select reputable third-party providers, but we do not control their security practices, uptime, or data handling procedures.

By engaging our services, you agree that:

Propel Web Co. is NOT LIABLE for any data breaches, security incidents, or cyber attacks that occur at the infrastructure or hosting level
Propel Web Co. is NOT LIABLE for any downtime, data loss, or service interruptions caused by third-party providers
You waive any and all claims against Propel Web Co. arising from third-party service provider failures, security breaches, or infrastructure issues
Any security-related claims should be directed to the relevant third-party service provider
You are responsible for understanding the security policies and terms of the third-party services used in your project

7.7 Mobile App Distribution & App Stores

If we develop and publish mobile applications on your behalf, you acknowledge that:

Apple App Store and Google Play Store are THIRD-PARTY PLATFORMS operated by Apple Inc. and Google LLC respectively
We do not control app store policies, review processes, approval timelines, or distribution
App rejections, removals, or policy violations are outside our control
We cannot guarantee app approval, specific review timelines, or continued availability
App store fees, commissions, and payment processing are handled by Apple/Google
Security, data handling, and privacy on these platforms are governed by their policies

Propel Web Co. is NOT LIABLE for:

App rejections or removals by Apple or Google
Changes to app store policies that affect your application
App store downtime, outages, or distribution issues
User reviews, ratings, or feedback on app stores
In-app purchase processing or refund disputes handled by Apple/Google
Device compatibility issues with specific iOS or Android versions
Any claims arising from Apple or Google's terms of service

You are responsible for maintaining compliance with Apple and Google developer policies. Claims related to app store distribution should be directed to the relevant platform.

END USER CONSENT: You acknowledge and agree that all end users of applications we develop on your behalf shall be bound by appropriate terms of service and privacy policies for that application. By downloading, installing, or using any application, end users consent to the applicable terms and waive claims against Propel Web Co. You are responsible for ensuring your application includes appropriate legal agreements for end users.

7. Revisions & Scope of Work

Your subscription includes three (3) revisions or change requests per calendar month at no additional cost. This allowance applies to:

Minor content updates and text changes
Small design adjustments within existing framework
Updates that fall within the originally agreed scope

Additional charges may apply for:

Revisions beyond the monthly allowance
Requests that significantly expand the original project scope
New feature development or major redesigns
Rush or expedited requests

We will communicate with you before any additional charges are applied. Propel Web Co. reserves the right to determine what constitutes a "revision" versus "additional work" at our reasonable discretion.

8. Payment Terms

8.1 Setup/Build Fee

A one-time, non-refundable setup or build fee is required before work commences. This fee compensates for initial project setup, tool acquisition, resource allocation, and development labor. THE SETUP FEE IS NON-REFUNDABLE UNDER ALL CIRCUMSTANCES, including but not limited to project cancellation, client dissatisfaction, or change of mind.

8.2 Subscription Fees

Subscription fees are billed monthly in advance on your designated billing date. Payment is due upon receipt of invoice or on the recurring billing date established in your service agreement. We accept payment via Zelle, PayPal, and may add additional payment methods.

8.3 Late Payments & Collection

If payment is not received within seven (7) days of the due date:

A late fee of 5% of the outstanding balance may be applied
Services may be suspended without further notice
Access to all digital assets may be revoked

Continued non-payment exceeding thirty (30) days may result in termination of services, referral to collections, and pursuit of all available legal remedies. You shall be responsible for all collection costs, including reasonable attorneys' fees.

9. Cancellation & Termination

You may cancel your subscription at any time by providing written notice via email. Cancellation is subject to the following terms:

Effective Date: Cancellation takes effect at the end of your current billing period. No mid-month cancellations with refunds are available.
No Refunds: All payments made are final. We do not provide refunds or prorated credits for any reason, including partial months, unused services, dissatisfaction, or change of mind.
Service Continuation: Your services will remain active and accessible until the end of the billing period in which you cancel.
Asset Purchase Window: You will have until the termination date to negotiate and complete any asset purchases.

Propel Web Co.'s Right to Terminate: We reserve the right to terminate services at any time for any reason, including but not limited to: non-payment, violation of these Terms, abusive behavior, or illegal use of services. In the event we terminate for cause, no refunds will be provided.

10. Third-Party Services & Infrastructure

We utilize third-party services to provide our services, including but not limited to:

Vercel – Website hosting
GitHub – Code repository and version control
Supabase – Database and authentication services
Domain registrars – Domain registration and DNS
Payment processors – Zelle, PayPal, Stripe, Square

YOU ACKNOWLEDGE AND AGREE that these third-party services are subject to their own terms, conditions, and privacy policies, over which we have no control. We are not responsible or liable for any outages, data loss, security breaches, service changes, price increases, or any other issues arising from these third-party providers.

⚠️ 11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL PROPEL WEB CO., ITS PARTNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAXIMUM LIABILITY CAP: OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PROPEL WEB CO. IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500.00 USD).
THIRD-PARTY SERVICES: WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES RESULTING FROM THIRD-PARTY SERVICES, PLATFORMS, HOSTING PROVIDERS, PAYMENT PROCESSORS, OR ANY OTHER THIRD-PARTY TOOLS OR INTEGRATIONS.
BUSINESS LOSSES: YOU EXPRESSLY AGREE NOT TO HOLD PROPEL WEB CO. LIABLE FOR ANY BUSINESS LOSSES, LOST REVENUE, LOST CUSTOMERS, DOWNTIME, OR ANY OTHER COMMERCIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE OUR SERVICES.
ACKNOWLEDGMENT: YOU ACKNOWLEDGE THAT THE FEES CHARGED BY PROPEL WEB CO. ARE SET IN RELIANCE UPON THESE LIMITATIONS OF LIABILITY AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

⚠️ 12. DISCLAIMER OF WARRANTIES — NO GUARANTEES

SERVICES PROVIDED "AS IS": ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM:

All implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Any warranties that services will be uninterrupted, error-free, or secure
Any warranties regarding the accuracy, reliability, or completeness of any content

WE DO NOT GUARANTEE AND MAKE NO REPRESENTATIONS REGARDING:

Any specific search engine rankings, SEO results, or positioning
Any specific levels of website traffic, leads, conversions, or sales
Any specific revenue, profit, or business growth outcomes
100% uptime, continuous availability, or uninterrupted service
Any specific return on investment or business success
Compatibility with all devices, browsers, or systems

Our commitment is to deliver professional, quality services to the best of our abilities and in good faith. Past performance and testimonials do not guarantee future results.

⚠️ 13. SPECIFIC DISCLAIMERS & ACKNOWLEDGMENTS

BY ENGAGING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE TO THE FOLLOWING:

13.1 Design & Aesthetic Satisfaction

Design is inherently subjective. You acknowledge that:

We do not guarantee you will be satisfied with all design choices
Minor variations from mockups or expectations do not constitute breach of agreement
Design revisions beyond your monthly allowance may incur additional fees
"Not liking the design" is not grounds for refund or lawsuit
Final design approval rests with you during the revision process; once approved, designs are considered accepted

13.2 Project Timelines & Delays

You acknowledge that:

All project timelines are estimates only and are not guaranteed
Delays caused by your failure to provide content, feedback, or approvals are your responsibility
Third-party service delays are outside our control
Project delays do not entitle you to refunds, credits, or damages
We are not liable for any business losses caused by project timing

13.3 Website Downtime & Technical Issues

You acknowledge that:

100% uptime is technically impossible and is not guaranteed
Website outages, errors, and technical issues may occur
We are not liable for any lost business, revenue, or opportunities due to downtime
Third-party hosting provider (Vercel) outages are outside our control
We will make reasonable efforts to restore service but guarantee no specific timeframes

13.4 Data Loss, Security & Breaches

You acknowledge that:

No system is 100% secure; data breaches can occur despite best efforts
We are not liable for unauthorized access, hacking, or data theft
You are responsible for maintaining backups of your own business data
Third-party security failures are outside our control
We are not liable for any damages arising from data loss or security incidents

13.5 Content Accuracy & Legal Compliance

You acknowledge that:

You are solely responsible for the accuracy, legality, and truthfulness of all content you provide
We do not verify claims, statistics, or information you supply
You are responsible for ensuring your content complies with all applicable laws
We are not liable for any claims arising from content you provide
Any legal pages we help create (privacy policies, terms, etc.) are templates only and do not constitute legal advice

13.6 Third-Party Integrations & Services

You acknowledge that:

Third-party tools, plugins, and integrations may fail, change, or be discontinued
We are not liable for third-party service failures or changes
API changes by third parties may require additional work at your expense
We do not guarantee compatibility with all third-party services
Third-party terms of service govern your use of those services

13.7 Accessibility (ADA/WCAG) Compliance

You acknowledge that:

Full ADA/WCAG compliance is not automatically included unless specifically contracted
Accessibility compliance is a complex, ongoing process
We are not responsible for accessibility lawsuits unless full accessibility services were explicitly purchased
Accessibility audits and remediation are available as additional services

13.8 Browser & Device Compatibility

You acknowledge that:

We test on major current browsers but cannot test on all browsers and devices
Older browsers may not be fully supported
Future browser updates may affect website functionality
Mobile and desktop experiences may differ
We are not liable for compatibility issues on untested platforms

13.9 Communication & Responsiveness

You acknowledge that:

We strive to respond promptly but do not guarantee specific response times
Response times may vary based on workload and complexity
Communication preferences and hours should be established in your service agreement
Delays in communication do not constitute breach or grounds for damages

13.10 Scope Disputes & Additional Work

You acknowledge that:

We have sole discretion to determine what falls within or outside project scope
Requests beyond original scope may require additional fees
Disagreements about scope do not entitle you to refunds
Written scope agreements take precedence over verbal discussions

13.11 Competitor & Intellectual Property Claims

You acknowledge that:

We may use similar design patterns, templates, and techniques across client projects
You have no claim against us for designs that resemble other websites
General design trends and common layouts are not proprietary
You are responsible for ensuring your branding does not infringe on others' trademarks

13.12 AI-Generated Content & Tools

If AI tools are used in your project, you acknowledge that:

AI-generated content may contain errors, inaccuracies, or outdated information
AI chatbots and assistants may provide incorrect or misleading responses
We are not liable for any decisions made based on AI-generated content
You are responsible for verifying AI-generated information before relying on it
AI tools are provided "as-is" without warranties of accuracy or reliability

13.13 Content Originality & Plagiarism

You acknowledge that:

We make reasonable efforts to create original content but do not guarantee 100% originality
We may use AI tools, templates, and common industry language in content creation
You are responsible for reviewing all content before publication
We are not liable for unintentional similarities to existing content
Plagiarism claims arising from content you provided are your responsibility

13.14 Asset Quality & Stock Media

You acknowledge that:

We may use stock photos, icons, and media in your project unless otherwise specified
Stock media is industry-standard and does not constitute inferior quality
Custom photography/videography is available at additional cost if desired
The quality of images you provide affects final output quality
Asset selection is at our discretion unless you provide specific requirements

13.15 Bugs, Defects & Quality

You acknowledge that:

All software may contain bugs, errors, or defects
We do not guarantee bug-free or error-free deliverables
We will make reasonable efforts to fix reported bugs during active subscription
Bug fixes beyond subscription scope may incur additional fees
We are not liable for any damages caused by software bugs or errors

13.16 Pricing Transparency & Fee Structure

You acknowledge that:

All fees and pricing are disclosed in your service agreement
Additional work beyond scope will always be communicated before fees are applied
You are responsible for reviewing and understanding your fee structure
Price changes for subscription renewals will be communicated in advance
"I didn't know" is not grounds for refund if fees were disclosed in agreements

13.17 Revision & Turnaround Time

You acknowledge that:

Revision turnaround times are estimates and not guaranteed
Complex revisions may take longer than simple changes
Rush requests are subject to availability and may incur fees
Revision delays do not entitle you to refunds or damages
Our workload and other client needs affect turnaround times

13.18 Domain Ownership Clarity

If we register a domain on your behalf, you acknowledge that:

The domain is registered in our name and remains our property
You are licensing the use of the domain as part of your subscription
The domain does not automatically transfer to you upon cancellation
Domain transfer requires negotiation and purchase
We are not "holding your domain hostage" — this is the agreed subscription model

13.19 Subscription Model Acknowledgment

BY ENGAGING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT:

This is a subscription service, not a purchase of assets
You are renting access to our services and work product
Service termination means loss of access to all deliverables we created
This is not "holding your business hostage" — it is the clearly disclosed business model
You had the opportunity to read and understand these terms before engaging
Claims of being "misled" about the subscription model are invalid if these Terms were available

13.20 General Acknowledgment

You acknowledge that marketing materials, testimonials, case studies, and sales communications are for informational purposes and do not create binding promises. Results vary based on industry, market conditions, and many factors outside our control. You cannot hold us liable for failing to achieve results suggested by marketing materials.

13.21 Email Marketing & Spam Compliance

If we assist with email marketing, you acknowledge that:

You are responsible for compliance with CAN-SPAM, GDPR, and other applicable laws
You must have proper consent to email recipients on any lists you provide
We are not liable for spam complaints, blacklisting, or legal action from recipients
Email deliverability is not guaranteed and depends on many third-party factors
Bounced emails, low open rates, or unsubscribes do not constitute service failure

13.22 Chargebacks & Payment Disputes

You acknowledge that:

Filing a chargeback or payment dispute constitutes breach of this Agreement
We reserve the right to immediately suspend all services upon disputed payment
You will be liable for all chargeback fees, collection costs, and legal fees we incur
Chargebacks do not excuse payment obligation; we may pursue collection through legal means
Disputes should be raised directly with us before involving payment processors

13.23 Testimonials, Reviews & Referrals

You acknowledge that:

We may request testimonials, reviews, or case study participation
You are not obligated to provide testimonials, but participation is appreciated
If you provide a testimonial, we may use it in marketing materials in perpetuity
Testimonials may be edited for clarity or length while preserving meaning
You may not demand payment for testimonials after voluntarily providing them

13.24 Use of Subcontractors & Third Parties

You acknowledge that:

We may use freelancers, contractors, or partners to complete work
This does not diminish the quality or value of work delivered
We remain your primary point of contact regardless of who performs the work
You have no right to know or contact our subcontractors directly
Subcontractor arrangements are our proprietary business decisions

13.25 Social Media & Reputation Management

If we provide social media or reputation services, you acknowledge that:

We cannot guarantee specific follower counts, engagement rates, or viral reach
Platform algorithm changes are outside our control and may affect results
Account suspension by platforms is not our liability if caused by your content
Negative reviews or comments from third parties are not our responsibility
We cannot remove truthful negative reviews or content posted by others

13.26 Client Confidentiality Obligations

By entering this Agreement, you agree that:

You will not publicly disparage Propel Web Co., its partners, or employees
You will not disclose our pricing, methods, or internal processes to competitors
Disputes should be handled through proper channels, not public forums
Defamatory statements may result in legal action for damages
This obligation survives termination of services

13.27 Legal & Regulatory Compliance Consultation

You acknowledge that:

Propel Web Co. is not a law firm and does not provide legal advice
We do not guarantee compliance with HIPAA, PCI-DSS, SOC2, or industry regulations
You are responsible for consulting legal counsel for compliance requirements
Any legal documents we draft (privacy policies, terms) are templates, not legal advice
We are not liable for regulatory fines or legal issues from non-compliance

13.28 No Employment or Partnership Relationship

You acknowledge that this Agreement creates an independent contractor relationship only. Nothing herein shall be construed to create an employer-employee, partnership, joint venture, or agency relationship. You have no authority to bind Propel Web Co. in any manner. We are not responsible for providing employee benefits, workers compensation, or tax withholdings.

13.29 Business Advice & Consulting Limitations

You acknowledge that:

Any business advice, suggestions, or recommendations are opinions only
We are not certified business consultants, financial advisors, or accountants
You should consult qualified professionals before making business decisions
We are not liable for business outcomes based on our suggestions
Our expertise is limited to web development and digital marketing services

13.30 Client-Provided Accounts & Access

If you provide us with access to existing accounts, you acknowledge that:

You authorize us to access and modify these accounts as necessary for services
You are responsible for the security of credentials you share with us
We are not liable for pre-existing issues, data, or configurations in your accounts
Account lockouts or suspensions from your actions are not our responsibility
We are not liable for data loss from accounts you control

13. Indemnification

You agree to indemnify, defend, and hold harmless Propel Web Co., its partners, members, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

Your use or misuse of our services
Your breach or alleged breach of these Terms
Your violation of any applicable law, regulation, or third-party rights
Any content, materials, or information you provide to us
Any claims by third parties arising from your project or business activities
Your failure to obtain necessary rights, licenses, or permissions

This indemnification obligation shall survive the termination of these Terms and your subscription.

⚠️ 15. WAIVER OF CLAIMS & RELEASE

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Waiver of Right to Sue

BY ENGAGING OUR SERVICES, YOU EXPRESSLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS TO BRING ANY LAWSUIT, LEGAL ACTION, OR LEGAL PROCEEDING AGAINST PROPEL WEB CO., ITS PARTNERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AGENTS IN ANY COURT OF LAW, EXCEPT AS EXPRESSLY PERMITTED BY THE ARBITRATION CLAUSE IN THESE TERMS.

15.2 Release of Claims

You hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Propel Web Co., its partners, members, employees, contractors, agents, successors, and assigns from any and all liability, claims, demands, actions, causes of action, costs, expenses, damages, or judgments of any kind, whether known or unknown, suspected or unsuspected, that you now have or may hereafter have, arising from or in any way related to:

Your use of our services or any deliverables we provide
Any representation, statement, or conduct by Propel Web Co.
The performance or non-performance of any services
Any alleged breach of contract, negligence, or other legal theory
Any business losses, lost profits, or consequential damages
Any third-party claims related to your project
Website downtime, data loss, or security incidents
The accuracy of any content, including AI-generated content
Any disputes regarding ownership of work product
Cancellation or termination of services

15.3 Waiver of Unknown Claims

YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU MAY HAVE UNDER ANY STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE THAT WOULD OTHERWISE LIMIT THE RELEASE TO CLAIMS KNOWN OR SUSPECTED TO EXIST AT THE TIME OF SIGNING. YOU ACKNOWLEDGE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THESE TERMS, AND THAT WITHOUT SUCH WAIVER, PROPEL WEB CO. WOULD NOT HAVE AGREED TO PROVIDE SERVICES.

15.4 Covenant Not to Sue

You covenant and agree that you will not, directly or indirectly, commence, prosecute, or participate in any lawsuit, arbitration (except as provided in Section 14), administrative proceeding, or any other legal action against Propel Web Co. If you breach this covenant, you agree to pay all of Propel Web Co.'s costs and attorneys' fees incurred in defending against such action, regardless of the outcome.

15.5 Acknowledgment of Waiver

BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT: (A) YOU HAVE READ AND UNDERSTAND THIS WAIVER; (B) YOU VOLUNTARILY AGREE TO WAIVE YOUR RIGHT TO SUE AND RELEASE ALL CLAIMS; (C) YOU UNDERSTAND THAT THIS WAIVER IS A COMPLETE DEFENSE TO ANY ACTION YOU MAY BRING; (D) YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL BEFORE AGREEING TO THESE TERMS; AND (E) YOU INTEND THIS WAIVER TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW.

14. Governing Law, Dispute Resolution & Arbitration

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us and attempt to resolve the dispute informally for at least thirty (30) days.

14.3 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising from or relating to these Terms or our services shall be resolved by binding arbitration in the State of Florida, in accordance with the rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court having jurisdiction.

14.4 Class Action Waiver

YOU AND PROPEL WEB CO. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Force Majeure

Propel Web Co. shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, government actions, power outages, internet outages, third-party service failures, cyberattacks, or any other circumstances beyond our control.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any service agreements, proposals, or addenda, constitute the entire agreement between you and Propel Web Co. and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Modifications

We reserve the right to modify these Terms at any time to best serve our clients and users. You acknowledge that you are not entitled to notification of changes. Your continued use of our services after any modification constitutes your full acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

17. Contact Information

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

Propel Web Co.

A Florida Partnership

Email: start@propelwebco.com

Website: propelwebco.com

Acknowledgment & Acceptance

BY ENGAGING PROPEL WEB CO.'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THEIR CONTENTS, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PROPEL WEB CO.