Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the TradeBuilds.app website and any services, software, websites, hosting, email, or consulting we provide ("Services"). By using our site or engaging our Services, you agree to these Terms. If you do not agree, do not use the site or Services.

1. Services

TradeBuilds provides custom software, web design and development, hosting, professional email, maintenance, and related services. Specific scope, deliverables, timelines, and pricing are defined in a separate written proposal, quote, statement of work, or invoice ("SOW"). In the event of a conflict between an SOW and these Terms, the SOW controls for that engagement.

2. Quotes, Payment & Refunds

• Quotes are valid for 30 days unless stated otherwise.
• Unless the SOW says otherwise, a deposit is due before work begins, and remaining balances are due at agreed milestones or on delivery.
• Recurring services (hosting, email, maintenance) are billed in advance and are non-refundable once the billing period begins.
• Late payments over 15 days may incur a 1.5% monthly service charge and pause active work.

3. Client Responsibilities

You are responsible for:

• Providing timely content, credentials, feedback, and approvals.
• Ensuring you own or are licensed to use any materials you supply (text, images, logos, data, code).
• Complying with all laws applicable to your business, including privacy, marketing, tax, accessibility, and industry-specific regulations.
• Maintaining secure passwords and controlling access to your accounts.
• Backing up your own data unless a backup service is expressly included in your plan.

4. What We Are Not Responsible For

To the fullest extent permitted by law, TradeBuilds is not responsible or liable for:

• Content, materials, or data you or your users provide, or claims arising from them (including copyright, trademark, defamation, or privacy claims).
• Losses caused by third-party services, platforms, APIs, plugins, hosting providers, domain registrars, payment processors, email deliverability, SMS carriers, or internet outages.
• Downtime, data loss, or errors caused by client-initiated changes, unauthorized access due to compromised client credentials, or misuse of the deliverables.
• Loss of profits, revenue, goodwill, business opportunity, data, or any indirect, incidental, special, consequential, or punitive damages.
• Search engine rankings, ad performance, conversion rates, or any specific business outcome. We may advise on best practices but do not guarantee results.
• Regulatory compliance (e.g., HIPAA, PCI, GDPR, ADA/WCAG, CAN-SPAM, TCPA) unless expressly agreed in writing in the SOW.
• Delays caused by client inaction, third parties, or events beyond our reasonable control (force majeure).
• Modifications made by anyone other than TradeBuilds after delivery.

5. Warranty Disclaimer

The site and Services are provided "as is" and "as available". To the maximum extent permitted by law, TradeBuilds disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

6. Limitation of Liability

To the fullest extent permitted by law, TradeBuilds' total aggregate liability arising out of or related to these Terms or the Services will not exceed the amount you paid TradeBuilds for the specific Service giving rise to the claim in the three (3) months immediately preceding the event.

7. Intellectual Property

• Upon full payment, you receive ownership of the final custom deliverables specified in your SOW, excluding third-party components, open-source libraries, and TradeBuilds' pre-existing tools, templates, and know-how, which are licensed to you for the intended use of the deliverable.
• We may reference completed work in our portfolio and marketing unless you request otherwise in writing.

8. SMS, Email & Marketing Communications

Use of SMS and email communications with TradeBuilds is governed by our Privacy Policy, including consent, opt-out (reply STOP for SMS or use the unsubscribe link in emails), message frequency, and carrier disclosures.

9. Acceptable Use

You agree not to:

• Use the site or Services for unlawful, harmful, or fraudulent purposes.
• Attempt to breach security, reverse engineer, or disrupt the Services.
• Send spam or violate anti-spam or telemarketing laws.
• Infringe on the intellectual property or privacy of others.

We may suspend or terminate access for violations, without refund.

10. Termination

Either party may terminate an engagement as set forth in the SOW. Fees for work completed and non-refundable expenses are due through the effective termination date.

11. Indemnification

You agree to indemnify and hold harmless TradeBuilds and its owners, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your content, your use of the Services, your violation of these Terms, or your violation of any law or third-party right.

12. Governing Law & Disputes

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Montgomery County, Ohio, and you consent to their jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. The "Effective" date reflects the latest revision. Continued use of the site or Services after changes constitutes acceptance.

14. Contact

Questions about these Terms? Contact us at sabrina@tradebuilds.app or (513) 804-8941.