Terms & Conditions

Welcome to InfinityStorm Systems (“we,” “our,” or “us”). By visiting or using our website, purchasing services, or providing your contact information, you agree to these terms. Please read them carefully.

1) Who We Are

Welcome to InfinityStorm Systems ("we", "our", or "us"). By visiting or using our websites, purchasing services, or providing your contact information, you agree to these terms.

2) Scope of Services

We provide website design, hosting, marketing services, and SaaS-based tools. Services may include—but are not limited to—custom website development, funnel creation, automation setup, ad campaign management, SEO, analytics, and ongoing software access.

We may use third‑party platforms (e.g., hosting providers, analytics, messaging/telephony, ad networks). Your use of those platforms is subject to their terms in addition to ours.

3) Proposals, Changes, and Delivery

Proposals & SOWs. Each project may be governed by a proposal or statement of work ("SOW"). If there is a conflict, the SOW controls for that project.

Change Requests. Work outside the SOW requires a written change order with pricing and timeline impacts approved by you.

Definition of Delivery. "Delivery" means the date we make the website/app accessible in a functioning, review‑ready state (staging or live). Minor revisions or outstanding change requests do not delay delivery for invoicing.

Cure Period for Schedule. If you believe we missed an agreed delivery date, notify us in writing within five (5) business days. We have thirty (30) calendar days to cure. During the Cure Period you will not cancel, withhold payment, or seek other remedies, provided we complete the services within the Cure Period. Client‑caused delays extend timelines proportionally.

4) Pricing & Payment Terms

4.1 Fees. You will pay a one‑time Setup Fee and, if applicable, an ongoing Monthly Subscription Fee, as specified in your proposal, service agreement, or invoice.

4.2 Setup Fee Schedule. Unless otherwise agreed in writing:

Payment Terms: The Setup Fee will be divided into two installments as follows:

50% (Activation Payment) due immediately upon signing this Agreement to begin onboarding, planning, and initial system setup.

Remaining 50% (Completion Payment) due upon project completion, prior to final delivery or system launch.

No deliverables, access credentials, or launch handoffs will be released until the Setup Fee has been paid in full.

4.3 Subscription Start. Monthly Subscription Fees begin immediately upon payment of the Setup Fee (initial 50%) and recur monthly on the same calendar date, unless otherwise specified in writing.

4.4 Invoicing & Due Dates. All invoices are due Net 7 calendar days from the invoice date, unless otherwise agreed in writing. Fees are exclusive of taxes; you are responsible for applicable taxes.

4.5 Payment Methods & Authorization. You authorize us to charge any payment method you place on file for recurring fees and amounts you owe under this Agreement. If a charge is declined, you will promptly provide a new valid method.

4.6 Late Payments; Suspension. Overdue balances may incur a late charge of 1.5% per month (simple interest) or the maximum allowed by law, whichever is less, and reasonable collections costs. We may suspend or terminate services (including deactivating hosting or access) until all amounts are paid.

4.7 Chargebacks. Initiating a chargeback without prior written notice and reasonable opportunity to resolve constitutes a material breach of this Agreement. We reserve the right to assess an administrative fee for invalid chargebacks and suspend services during any dispute investigation.

4.8 Non‑Refundable Setup Fees. Unless otherwise stated, the Setup Fee (including both installments) is non-refundable once work has commenced, including but not limited to planning, strategy, design, configuration, or implementation work.

5) Client Responsibilities

You agree to:

Provide accurate information and timely approvals.

Supply required assets (logos, copy, images) and access credentials.

Maintain active payment methods for subscriptions/retainers.

Comply with applicable laws in your use of the deliverables and services.

Your delays or incomplete inputs may pause work and shift delivery dates. Additional time/costs may apply if we must remediate missing/inaccurate assets.

6) Intellectual Property & License

Ownership. We own all intellectual property we create until paid in full for the relevant project and outstanding invoices. Proprietary tools, templates, and underlying frameworks remain ours unless otherwise agreed.

Your License. Upon full payment, you receive a non‑exclusive, non‑transferable license to use the delivered website/creative solely for your business. You may not resell or redistribute our proprietary systems without written permission.

Portfolio Use. We may display non‑confidential work in our portfolio and marketing unless you object in writing before project kickoff.

7) Acceptable Use

You will not use our services or deliverables to: violate laws; infringe IP; transmit spam or malicious code; collect or process personal data unlawfully; or host content reasonably deemed hateful, violent, pornographic, or illegal. We may suspend service for violations.

8) Third‑Party Services & Accounts

Some features require third‑party services (e.g., domain registrars, email, ad platforms, telephony). You are responsible for fees and compliance with those providers. We are not liable for outages, policy changes, or damages caused by third‑party platforms.

9) Marketing & Performance Disclaimer

We do not guarantee specific results (e.g., revenue, lead volume, rankings). Metrics and forecasts are estimates and subject to market conditions beyond our control.

10) Warranties; Disclaimers

Services are provided “as is” and “as available.” To the extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.

11) Limitation of Liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, data, or business opportunities. Our total liability for any claim is limited to the amount you paid to us for the services giving rise to the claim in the three (3) months preceding the event.

12) Indemnification

You will defend, indemnify, and hold us harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your content, your use of the services, or your breach of these terms.

13) Communications, Consent & SMS Program Disclosures (TCPA/A2P)

13.1 Consent to Messages. By providing a phone number to us (e.g., via forms, checkout, or texting us), you consent to receive automated and non‑automated SMS/text messages from InfinityStorm Systems at that number. Message frequency varies. Message & data rates may apply. Your consent is not a condition of purchase.

13.2 Opt‑Out/Help. Reply STOP to opt out. Reply HELP for help or contact us at (206) 737-1006 or [email protected]. We may send a one‑time confirmation text after you opt out.

13.3 Program Description. Messages may include service updates, scheduling, account/billing notices, and marketing/promotions.

13.4 Record of Consent. For promotional/marketing texts sent via autodialer or with prerecorded/artificial voice, we will obtain and maintain prior express written consent (e.g., signed or checkbox consent tied to specific disclosures) and keep consent records.

13.5 Compliance. We follow reasonable industry practices for A2P 10DLC, including clear opt‑in mechanisms, identity in messages, and honoring opt‑out requests. Carriers are not liable for delayed or undelivered messages.

14) Privacy Policy

14.1 Information We Collect

We collect the information needed to deliver services and operate our business, such as name, company, email, phone, billing details, IP address, and project assets you upload. We also collect limited technical data (device/browser, pages viewed) via cookies and similar technologies.

14.2 How We Use Information

Provide, operate, and improve services and websites.

Communicate about projects, billing, support, and updates.

Send marketing messages with appropriate consent.

Maintain security, prevent fraud, and comply with law.

14.3 Sharing of Information

We do not sell personal information. We share data with trusted vendors (hosting, email/SMS providers, payment processors, analytics, CRMs) as needed to provide services, and as required by law.

14.4 Data Security

We use commercially reasonable administrative, technical, and physical safeguards. No method is 100% secure; please use strong passwords and protect your accounts.

14.5 Data Retention

We retain personal data for as long as needed to provide services, comply with legal obligations, resolve disputes, and enforce agreements.

14.6 Cookies

We use:

Necessary cookies for core site functions

Functional cookies to remember preferences

Analytics cookies to understand usage

Social media/embedded content that may set their own cookies You can adjust cookie settings in your browser; site functionality may be affected.

14.7 Children’s Privacy

Our services are not directed to children under 13, and we do not knowingly collect data from them.

14.8 Your Choices & Rights

You may update your information, opt out of marketing, or request deletion where applicable by contacting [email protected]. If specific state or country laws grant you additional privacy rights, we will honor those where required.

14.9 Health‑Related Data (Washington Notice)

We do not seek to collect consumer health data. If your use of our services involves such data, you must notify us in advance so we can evaluate obligations and implement appropriate agreements and controls.

15) Term; Termination; Effect of Termination

Subscriptions renew monthly until canceled. Cancellation is effective at the end of the current billing period; no partial refunds. We may terminate or suspend services for material breach (including nonpayment) after notice. Upon termination, your license ends unless otherwise stated; we may provide export of your content upon request if your account is paid in full.

16) Governing Law; Venue

These terms are governed by the laws of the State of Washington, without regard to conflicts rules. Exclusive venue lies in the state or federal courts located in Washington. You consent to personal jurisdiction there.

17) General

Force Majeure. We are not liable for delays caused by events beyond our reasonable control.

Assignment. You may not assign these terms without our consent. We may assign to an affiliate or in a merger, acquisition, or asset sale.

Severability. If a provision is unenforceable, the remainder remains in effect.

Entire Agreement. These terms plus your SOW/proposal/invoices are the entire agreement and supersede prior communications.

Updates. We may update these terms by posting a new version with a new "Last updated" date. Material changes apply prospectively.

Last updated: 08/09/2025