Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions ("Terms") govern your access to and use of the website and all services provided by TrademarkTech Solutions ("Company," "we," "us," or "our"), headquartered at 1001 S. Main St., Ste 500, Kalispell, MT 59901, US.

These Terms constitute a legally binding agreement between you ("Client," "User," or "you") and TrademarkTech Solutions and apply to all visitors, prospective clients, and active clients. They should be read together with our Privacy Policy, which is incorporated herein by reference.

2. Services Provided

TrademarkTech Solutions provides the following professional technology, marketing, and business services:

• App Development: Design and development of native and cross-platform mobile applications for iOS and Android
• Website Development: Design, development, and deployment of websites including landing pages, business websites, and eCommerce platforms
• Social Media Marketing (SMM): Strategy, content creation, community management, paid advertising, and analytics across social platforms
• Business Registration: Assistance with company formation, entity registration, and related compliance documentation across applicable jurisdictions
• Business Consultancy: Strategic advisory services covering operations, technology alignment, and growth planning
• PR Services: Reputation management, media relations, press releases, and strategic communications

The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate project agreement, proposal, or statement of work ("SOW") provided to each client before work commences. In the event of a conflict between these Terms and an SOW, the SOW shall prevail for that specific engagement.

3. Client Responsibilities

To enable us to deliver services effectively and on schedule, you agree to:

• Provide accurate, complete, and timely information, materials, and approvals required for your project
• Designate a primary point of contact who has authority to make decisions regarding the project
• Respond to requests for feedback, approvals, or content within agreed timeframes (typically 3–5 business days unless otherwise specified)
• Ensure that any materials, content, logos, or assets you provide to us do not infringe the intellectual property rights of any third party
• Comply with all applicable laws and regulations in connection with your use of our services and deliverables
• Not use any deliverables we produce for illegal, deceptive, or harmful purposes

We are not responsible for delays in delivery caused by your failure to provide required information, approvals, or materials in a timely manner. Such delays will not entitle you to a refund or reduction in fees.

4. Fees & Payment

4.1 Fee Structure

Our fees are set out in the project proposal or SOW provided to you prior to engagement. We operate on both flat-fee and retainer-based models depending on the service. All fees are disclosed in full before any payment is required.

4.2 Payment Terms

• A non-refundable deposit of 50% of the project fee is required before work commences on any project, unless otherwise agreed in writing
• The remaining balance is due upon project completion and prior to final delivery, unless a milestone-based payment schedule is agreed in writing
• Monthly retainer services (e.g., SMM packages) are billed monthly in advance at the start of each billing cycle
• Government fees, third-party platform costs, advertising budgets, or other pass-through expenses are additional and will be disclosed and approved by you before being incurred
• All invoices are payable within 7 days of issuance unless otherwise agreed

4.3 Payment Methods

We accept payment by major credit and debit cards processed securely through Stripe, and by bank transfer where arranged in advance. All card payments are subject to Stripe's terms of service. We do not store payment card details on our servers.

4.4 Late Payments

We reserve the right to pause work on your project if invoices remain unpaid beyond the due date. Interest may accrue on overdue balances at a rate of 1.5% per month (18% per annum), or the maximum rate permitted by applicable law. We may also engage a collections agency for persistently unpaid invoices and recover any associated costs from you.

4.5 Pricing Changes

We reserve the right to revise our pricing for new projects or at renewal of retainer services with 30 days' written notice. Pricing for active, contracted projects will not change during the contracted term.

5. Refund Policy

5.1 Initial Deposit

The initial deposit (typically 50% of the project fee) is non-refundable once work has commenced. This deposit covers initial strategy, planning, design, and resource allocation that cannot be recovered once invested.

5.2 Pre-Commencement Cancellation

If you cancel your project in writing before any work has commenced, we will refund 100% of any amounts paid, minus a 5% administrative processing fee. Written cancellation must be received by us to be valid.

5.3 Mid-Project Cancellation

If you cancel a project after work has commenced, you will be invoiced for all work completed to the date of cancellation, calculated on a pro-rata basis against the total project fee. Any amounts paid in excess of work completed will be refunded within 14 business days. Any outstanding balance for work completed remains payable.

5.4 Monthly Retainer Services

Monthly retainer fees (e.g., SMM packages) are non-refundable once a billing cycle has commenced. You may cancel your retainer with 30 days' written notice prior to the next billing date. Cancellation requests received after billing has processed will take effect at the end of the current paid cycle.

5.5 Government & Third-Party Fees

Any government filing fees, advertising spend, third-party software costs, or other pass-through expenses that have been incurred on your behalf are strictly non-refundable once committed or submitted.

5.6 Dispute Process

Any refund disputes must be raised in writing within 14 days of the invoice or delivery date. We are committed to resolving all billing concerns fairly and promptly. Unresolved disputes will be subject to the Dispute Resolution process in Section 15.

6. Project Delivery & Revisions

6.1 Timelines

Project timelines are estimates based on information available at the time of scoping. Timelines may be affected by your responsiveness, scope changes, third-party dependencies, or force majeure events. We will communicate any significant timeline changes proactively and work with you to minimise impact.

6.2 Revision Rounds

The number of included revision rounds for each service is specified in the project proposal. Revisions beyond the included rounds, or changes that represent a material deviation from the original brief, will be quoted and charged separately at our standard hourly rate of $85/hour unless otherwise agreed in writing.

6.3 Scope Changes

Any changes to the agreed project scope after work has commenced must be submitted in writing and will require a revised proposal or change order. Additional fees and timeline adjustments may apply. We will not proceed with out-of-scope work without written approval from you.

6.4 Final Delivery

Final project files, credentials, and access will be delivered upon receipt of final payment in full. We retain the right to withhold delivery until all outstanding invoices have been settled.

7. Intellectual Property

7.1 Client-Owned Assets

All content, logos, trademarks, brand materials, and other intellectual property you provide to us for use in your project remain your sole property. We obtain no ownership interest in your intellectual property by providing services related to it.

7.2 Ownership of Deliverables

Upon receipt of full and final payment, all custom work product created specifically for your project (including designs, code, copy, and campaign assets) is assigned to you and becomes your property for the agreed purposes. Until full payment is received, all work product remains the intellectual property of TrademarkTech Solutions.

7.3 Third-Party Components

Some deliverables may incorporate third-party components (e.g., licensed fonts, stock imagery, open-source libraries, or frameworks). These components remain subject to their respective third-party licences. We will disclose any such components and your responsibilities under those licences.

7.4 Our Website & Brand

All content on our website — including text, graphics, logos, and software — is the property of TrademarkTech Solutions and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or otherwise use our website content without prior written consent.

7.5 Portfolio Rights

Unless you expressly request otherwise in writing, we reserve the right to display completed work in our portfolio, case studies, and marketing materials, with appropriate credit given to you as the client.

8. Confidentiality

Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared in the course of an engagement ("Confidential Information"). We will not disclose your Confidential Information to any third party without your prior written consent, except as required by law or to our service providers who are bound by equivalent confidentiality obligations.

This confidentiality obligation does not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was already known to us prior to disclosure; (c) is independently developed by us without reference to your Confidential Information; or (d) is required to be disclosed by law or court order.

We may request that you execute a separate Non-Disclosure Agreement (NDA) for particularly sensitive engagements involving proprietary technology, trade secrets, or pre-launch products.

9. Limitation of Liability

To the maximum extent permitted by applicable law, TrademarkTech Solutions, its officers, employees, contractors, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services
• Loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings
• Damages resulting from unauthorised access to or alteration of your data or systems
• Business outcomes resulting from strategies, designs, or campaigns we develop for you
• Third-party platform changes, algorithm updates, or policy changes that affect campaign performance
• Errors or omissions in information, content, or materials provided to us by you

In no event shall our total aggregate liability to you for all claims arising out of or relating to a specific engagement exceed the total fees paid by you to us for that specific engagement in the preceding 6 months.

Some jurisdictions do not allow certain liability exclusions, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless TrademarkTech Solutions, its officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our website or services in violation of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Any inaccurate, incomplete, or misleading information or materials you provide to us
• Your use of our deliverables in a manner not authorised by these Terms or your project agreement
• Any claim that content or assets you provided to us infringe the intellectual property or other rights of a third party

11. Disclaimers

11.1 No Guarantee of Results

We do not guarantee specific business outcomes, revenue growth, social media follower counts, search engine rankings, app store ratings, or any other measurable results from our services. Digital marketing, development, and consulting results depend on many factors outside our control, including market conditions, platform algorithms, competitor activity, and your own business decisions.

11.2 Business Registration

Our business registration assistance is administrative in nature. We do not provide legal advice, and completion of a registration filing does not guarantee regulatory approval or legal compliance in all jurisdictions. We recommend independent legal review for complex matters.

11.3 Website Accuracy

While we strive to keep information on our website accurate and current, we make no representations or warranties regarding the completeness, accuracy, or suitability of the information presented. Pricing, service offerings, and availability are subject to change without notice.

11.4 Website Availability

We do not guarantee uninterrupted availability of our website. We reserve the right to modify, suspend, or discontinue the website or any service at any time without notice and without liability.

12. Third-Party Services

We may recommend or utilise third-party platforms, tools, or services in delivering our work (e.g., Stripe for payments, Meta Ads for social advertising, Shopify for eCommerce, Google tools). Your use of such third-party services is subject to their own terms and policies.

We are not responsible for the availability, accuracy, security, or performance of third-party platforms, or for any changes in their terms, pricing, or functionality that affect your project. Links on our website to external platforms do not constitute our endorsement of those platforms.

13. Termination

13.1 Termination by You

You may terminate any project or service engagement by providing written notice to us. Your obligations with respect to fees for work completed prior to termination remain in effect. See Section 5 (Refund Policy) for applicable refund terms.

13.2 Termination by Us

We reserve the right to terminate or suspend any engagement immediately if: (a) you breach any material provision of these Terms and fail to remedy the breach within 5 business days of notice; (b) you fail to make payment when due; (c) you engage in conduct that is abusive, unlawful, or harmful to our team or reputation; or (d) we determine that continuing the engagement would be unethical or unlawful.

13.3 Effect of Termination

Upon termination, we will cease work immediately. Work completed to the date of termination will be invoiced and is payable. Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution survive termination.

14. Governing Law

These Terms and any dispute arising from your use of our website or services shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions.

You consent to the jurisdiction of the state and federal courts located in Flathead County, Montana for resolution of any disputes not subject to arbitration under Section 15.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal process, both parties agree to attempt to resolve disputes informally by contacting the other party in writing. We will make reasonable good-faith efforts to resolve any dispute within 30 days of written notice.

15.2 Mediation

If informal resolution fails, both parties agree to attempt non-binding mediation administered by a mutually agreed mediator in Kalispell, Montana, before proceeding to arbitration or litigation.

15.3 Binding Arbitration

If mediation is unsuccessful, any unresolved dispute, claim, or controversy shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Kalispell, Montana, or remotely by mutual agreement. The arbitrator's decision shall be final, binding, and enforceable as a court judgment.

15.4 Class Action Waiver

All disputes shall be resolved on an individual basis. You waive any right to bring or participate in a class action, collective action, or representative proceeding against TrademarkTech Solutions.

15.5 Exceptions

Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm, including in cases of intellectual property infringement or data breach.

16. Modifications to Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and post a notice on our website. Changes do not apply retroactively to disputes or engagements that arose before the effective date of the modification. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms.

17. Severability & Entire Agreement

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy and any applicable project agreement or SOW, constitute the entire agreement between you and TrademarkTech Solutions regarding the subject matter hereof, and supersede all prior agreements, representations, and understandings. Our failure to enforce any provision shall not constitute a waiver of that right.

18. Contact Us

For any questions about these Terms & Conditions or your engagement with us, please get in touch:

These Terms & Conditions were last reviewed and updated on January 1, 2025. By using our website or services on or after this date, you agree to these Terms as currently stated.