Terms of Service
These terms govern your use of our services. Please read them carefully to understand your rights and responsibilities.
Important Notice
By using our services, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use our services. These terms constitute a legally binding agreement between you and Esfinge LLC.
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the services provided by Esfinge LLC ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" will refer to such entity.
2. Description of Services
Esfinge LLC provides digital marketing and web development services, including but not limited to:
- Professional website design and development
- Web hosting and domain management
- Search Engine Optimization (SEO)
- Google review management and reputation services
- Social media advertising campaigns (Facebook, Instagram)
- Email hosting and technical support
- Mobile application development
- Digital marketing consulting and strategy
3. Service Plans and Billing
Subscription Plans
Our services are offered through monthly subscription plans. Current pricing and plan details are available on our website. Prices are subject to change with 30 days' notice.
Payment Terms
- Monthly subscriptions are billed in advance on a recurring basis
- Annual subscriptions receive a 20% discount and are billed annually
- One-time setup fees may apply for website development projects
- All fees are non-refundable unless otherwise specified
- Late payments may result in service suspension
- You are responsible for all taxes associated with your use of our services
Cancellation
You may cancel your subscription at any time with 30 days' written notice. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial months or unused services.
4. User Responsibilities
As a user of our services, you agree to:
- Provide accurate and complete information when creating your account
- Maintain the security of your account credentials
- Use our services only for lawful purposes
- Comply with all applicable laws and regulations
- Not interfere with or disrupt our services or servers
- Not attempt to gain unauthorized access to our systems
- Provide necessary content, materials, and access for service delivery
- Respond promptly to requests for information or feedback
5. Content and Intellectual Property
Your Content
You retain ownership of all content you provide to us ("Your Content"). By providing Your Content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display Your Content solely for the purpose of providing our services.
Our Intellectual Property
All rights, title, and interest in our services, including software, designs, trademarks, and proprietary methodologies, remain our exclusive property. You may not copy, modify, or distribute our intellectual property without written permission.
Website Ownership
Upon full payment of all fees, you will own the website we create for you. However, we retain rights to any proprietary code, frameworks, or tools used in development. We may showcase your website in our portfolio unless you request otherwise.
6. Service Level and Performance
Service Availability
We strive to maintain 99.9% uptime for hosting services. Scheduled maintenance will be announced in advance when possible. We are not liable for downtime caused by factors beyond our control.
Performance Expectations
While we work diligently to achieve positive results, we cannot guarantee specific outcomes such as search engine rankings, website traffic increases, or business revenue growth. Digital marketing results depend on many factors beyond our control.
7. Limitation of Liability
To the maximum extent permitted by law, Esfinge LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
Our total liability for any claims arising from or related to our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
8. Indemnification
You agree to indemnify and hold harmless Esfinge LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Content you provide to us
- Your business operations or marketing activities
9. Third-Party Services
Our services may integrate with or rely on third-party platforms and services (such as Google, Facebook, hosting providers). We are not responsible for the availability, functionality, or terms of these third-party services.
You may need to agree to additional terms with third-party providers. Changes to third-party services may affect our ability to provide certain features or functionality.
10. Data Protection and Privacy
We are committed to protecting your privacy and personal data. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
You are responsible for ensuring that any personal data you provide to us or collect through your website complies with applicable data protection laws.
11. Termination
Termination by You
You may terminate your account and these Terms at any time by providing 30 days' written notice. You remain responsible for all charges incurred prior to termination.
Termination by Us
We may terminate or suspend your account immediately if you:
- Violate these Terms
- Fail to pay fees when due
- Engage in fraudulent or illegal activities
- Abuse our services or staff
Effect of Termination
Upon termination, your access to our services will cease. We will provide reasonable assistance in transferring your website and data, subject to payment of all outstanding fees.
12. Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Pennsylvania, United States, without regard to conflict of law principles.
Dispute Resolution Process
Before pursuing legal action, we encourage you to contact us directly to resolve any disputes. We are committed to working with you to find a mutually acceptable solution.
Any disputes that cannot be resolved through direct communication shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
13. 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 acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting updated Terms on our website
- Sending email notification to your registered email address
- Providing notice through our services
Your continued use of our services after the effective date of any changes constitutes acceptance of the modified Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.
16. Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Esfinge LLC regarding your use of our services.
17. Contact Information
If you have any questions about these Terms of Service, please contact us:
Esfinge LLC
Email: [email protected]
Phone: (505) 393-4465
WhatsApp: (814) 300-8161
Website: https://esfinge.dev
We will respond to your inquiries within 5 business days.
Questions About Our Terms?
We're here to clarify any questions you may have about our terms of service.