Legal & Policies

1. Definitions

• "Agreement" means the Website Services Order Form & Service Agreement executed between AISymmetric and the Client, together with these Terms.
• "Services" means the website design, development, hosting management, CRM setup, monthly maintenance, domain registration, and any other services described in the Agreement.
• "Deliverables" means all website designs, page layouts, graphics, written content, and other materials created specifically for the Client under the Agreement.
• "Frameworks and Tooling" means proprietary code libraries, templates, development tools, automation scripts, and reusable components owned by or licensed to AISymmetric.
• "Third-Party Platforms" means hosting providers, domain registrars, CRM platforms, analytics services, and other external services used in delivering the Services.
• "Fees" means all charges described in the Agreement, including one-time project fees, recurring monthly fees, and any additional charges for out-of-scope work.

2. Scope of Services

AISymmetric provides professional web services including but not limited to:

• Website design and custom development
• Website build, launch, and deployment
• Hosting environment setup and ongoing management
• CRM configuration and integration
• Monthly website maintenance, updates, and support
• Domain name registration and renewal management

The specific scope of work for each engagement is defined in the Client's signed Agreement. Any work requested outside the agreed scope may be subject to additional fees and a separate written estimate.

3. Payment & Billing

All Fees are outlined in the Client's Agreement. Unless otherwise stated:

• One-time project fees are due according to the payment schedule in the Agreement (typically a deposit upon signing and the balance upon project completion or launch).
• Recurring monthly fees are billed on the first of each service month and are due within fifteen (15) days of the invoice date.
• All fees are quoted in U.S. dollars and are non-refundable unless explicitly stated otherwise in the Agreement.
• AISymmetric reserves the right to adjust recurring fees with thirty (30) days written notice to the Client.

4. Late Payment & Suspension

If payment is not received within fifteen (15) days of the invoice date:

• A late fee of 1.5% per month (or the maximum permitted by law, whichever is lower) may be applied to the outstanding balance.
• AISymmetric may send a written notice of past-due status to the Client.
• If payment remains outstanding for thirty (30) days or more, AISymmetric reserves the right to suspend all Services, including taking the Client's website offline, disabling hosting access, and pausing maintenance activities.
• Services will be restored promptly upon receipt of all outstanding payments and applicable late fees.
• AISymmetric is not liable for any losses, damages, or business interruption resulting from a suspension due to non-payment.

5. Cancellation & Termination

Either party may terminate the Agreement by providing thirty (30) days written notice to the other party. Upon termination:

• The Client is responsible for all Fees incurred through the end of the notice period.
• AISymmetric will provide the Client with a copy of all Deliverables and content owned by the Client within a reasonable timeframe.
• Hosting and domain services will continue through the end of any prepaid period. After that, the Client is responsible for migrating hosting and domain management to another provider.
• AISymmetric may assist with transition at its standard hourly rate, subject to availability.

AISymmetric may terminate the Agreement immediately and without notice if the Client materially breaches these Terms, including but not limited to non-payment for sixty (60) days or more, or violation of the Acceptable Use Policy.

6. Ownership of Deliverables

Client Ownership: Upon full payment of all Fees, the Client owns all custom content, designs, graphics, copy, images, and other materials created specifically for the Client as Deliverables under the Agreement.

AISymmetric Ownership: AISymmetric retains all rights, title, and interest in its Frameworks and Tooling, including proprietary code libraries, development templates, reusable components, automation scripts, and any pre-existing intellectual property used in delivering the Services. These may be used by AISymmetric across other client engagements.

Third-Party Materials: Any third-party software, stock images, fonts, plugins, or platform services remain subject to their respective license terms. The Client is responsible for maintaining valid licenses for any third-party materials used on their website.

7. Limitation of Liability

Technology Disclaimer: AISymmetric provides web services on a best-effort basis. We do not guarantee any specific uptime percentage or service-level agreement (SLA) for websites, hosting environments, or third-party platforms. While we make every reasonable effort to maintain site availability and performance, outages and interruptions may occur.

Third-Party Platforms: AISymmetric is not liable for any downtime, data loss, security breaches, feature changes, pricing changes, or service interruptions caused by third-party hosting providers, domain registrars, CRM platforms, analytics tools, content delivery networks, or any other external services. Clients acknowledge that these platforms are operated by independent companies with their own terms and policies.

Best-Effort Triage: In the event of a website issue, outage, or technical problem, AISymmetric will use commercially reasonable efforts to diagnose and resolve the issue in a timely manner. Response times are not guaranteed and depend on the nature and severity of the issue, staff availability, and third-party platform status.

Liability Cap: To the maximum extent permitted by applicable law, AISymmetric's total aggregate liability to the Client for any and all claims arising out of or related to the Agreement and these Terms — whether in contract, tort, negligence, strict liability, or otherwise — shall not exceed the total amount of Fees actually paid by the Client to AISymmetric during the three (3) months immediately preceding the event giving rise to the claim.

Exclusion of Damages: In no event shall AISymmetric be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, loss of business opportunity, or cost of substitute services, regardless of whether such damages were foreseeable or whether AISymmetric was advised of the possibility of such damages.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless AISymmetric, its owners, officers, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Content provided by the Client for use on the website, including text, images, logos, and media.
• The Client's use of the website or Services in violation of these Terms or any applicable law.
• Any claim that Client-provided content infringes on the intellectual property, privacy, or other rights of a third party.
• Any breach of the Acceptable Use Policy by the Client or the Client's end users.

9. Confidentiality

Both parties agree to treat as confidential any proprietary or sensitive information disclosed during the course of the engagement, including business strategies, customer data, login credentials, technical architecture, pricing, and financial information. Neither party will disclose confidential information to third parties without the other party's prior written consent, except as required by law or as necessary to perform the Services (for example, sharing hosting credentials with a platform provider).

This confidentiality obligation survives termination of the Agreement for a period of two (2) years.

10. Governing Law

These Terms and the Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict-of-law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of Minnesota, and both parties consent to the personal jurisdiction of such courts.

11. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the Agreement, the parties agree to first attempt to resolve the matter informally through good-faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may pursue mediation administered by a mutually agreed-upon mediator in the State of Minnesota. If mediation is unsuccessful, either party may pursue binding arbitration or litigation in the courts of the State of Minnesota as set forth in Section 10.

Each party shall bear its own costs and attorneys' fees unless a court or arbitrator awards fees to the prevailing party.

12. Amendments

AISymmetric reserves the right to update or modify these Terms at any time. When we make material changes, we will notify active Clients by email at least thirty (30) days before the changes take effect. Continued use of the Services after the effective date of any modification constitutes acceptance of the updated Terms.

The most current version of these Terms will always be available at aisymmetricsolutions.com/terms.

1. Information We Collect

From Clients:

• Contact information: name, email address, phone number, business name, and mailing address.
• Billing information: payment method details as needed to process invoices (we do not store full credit card numbers on our systems).
• Project materials: content, images, logos, brand guidelines, login credentials, and other information provided for website development.
• Communications: emails, messages, and notes exchanged during the course of our engagement.

From Website Visitors:

• Usage data: pages visited, time on site, referring URLs, browser type, device type, and IP address — collected through analytics tools.
• Form submissions: name, email, phone number, and any other information voluntarily submitted through contact forms, signup forms, or similar features.
• Cookies and tracking technologies: used for analytics, performance optimization, and basic site functionality.

2. How We Use Information

We use the information we collect to:

• Deliver, maintain, and improve our web services.
• Communicate with Clients about projects, billing, and support.
• Process payments and manage accounts.
• Analyze website traffic and performance for sites we manage.
• Respond to inquiries submitted through contact forms.
• Comply with legal obligations.

We do not sell, rent, or trade personal information to third parties for marketing purposes.

3. Third-Party Tools & Services

In delivering our Services, we may use the following categories of third-party tools, each governed by their own privacy policies:

• Hosting Providers: Netlify, AWS, or similar platforms that store and serve website files and data.
• CRM Platforms: Salesforce, HubSpot, or similar tools used for client relationship management and communications.
• Analytics: Google Analytics, Plausible, or similar tools that collect anonymized visitor data for site performance insights.
• Domain Registrars: Services used to register and manage domain names on behalf of Clients.
• Email & Communication: Google Workspace or similar platforms used for business email and project communication.
• Payment Processing: Stripe, PayPal, or similar services used to process Client payments securely.

We select third-party vendors that maintain reasonable security practices, but we are not responsible for their independent data handling. We encourage you to review the privacy policies of any third-party services relevant to your engagement.

4. Data Retention

We retain Client project files, communications, and account information for the duration of the engagement and for up to two (2) years following termination, unless a longer retention period is required by law or requested by the Client. After that period, data may be securely deleted or anonymized.

Website visitor data collected through analytics is typically retained according to the default retention settings of the analytics platform in use (for example, Google Analytics default retention periods).

5. Your Rights

Depending on your jurisdiction, you may have the right to:

• Request access to the personal data we hold about you.
• Request correction of inaccurate data.
• Request deletion of your data, subject to our legal and contractual retention obligations.
• Opt out of non-essential cookies and tracking on websites we manage.

To exercise any of these rights, please contact us using the information below.

6. Contact

For questions about this Privacy Policy or to make a data-related request, contact us at:

1. Permitted Use

Websites built and managed by AISymmetric are intended for lawful business purposes. Permitted uses include:

• Promoting the Client's business, products, and services.
• Publishing original content, blog posts, case studies, and marketing materials.
• Collecting customer inquiries through contact forms and lead-capture tools.
• Integrating with approved CRM, analytics, and business tools.
• Conducting e-commerce activities in compliance with applicable laws and payment processor terms.

2. Prohibited Content & Activities

Clients may not use AISymmetric-built websites to host, distribute, or promote:

• Content that is illegal, fraudulent, deceptive, or misleading.
• Content that infringes on the intellectual property, trademark, or copyright of any third party.
• Malware, spyware, phishing schemes, or any form of malicious code.
• Unsolicited bulk communications (spam) or any activity that violates the CAN-SPAM Act or similar laws.
• Content that is defamatory, threatening, harassing, or promotes violence or discrimination.
• Adult content, unless explicitly agreed upon in writing and compliant with all applicable laws.
• Activities that intentionally overload, disrupt, or interfere with hosting infrastructure or third-party services.
• Unauthorized collection, storage, or processing of personal data in violation of applicable privacy laws.

3. Client Responsibilities

The Client is solely responsible for:

• All content published on their website, including text, images, video, downloadable files, and user-generated content.
• Ensuring that all content complies with applicable laws, regulations, and industry standards.
• Obtaining proper licenses, permissions, and releases for any third-party content (images, fonts, music, etc.) used on the website.
• Maintaining the security of login credentials, admin accounts, and API keys associated with their website and connected services.
• Notifying AISymmetric promptly if they become aware of any security breach, unauthorized access, or AUP violation related to their website.
• Compliance with accessibility standards (ADA, WCAG) for their website content to the extent required by law.

4. Consequences of Violations

If AISymmetric determines that a Client has violated this AUP, we may, at our sole discretion:

• Notify the Client of the violation and request immediate remediation.
• Remove or disable the offending content without prior notice if the violation poses an immediate risk to infrastructure, security, or legal compliance.
• Suspend the Client's website and Services until the violation is resolved.
• Terminate the Agreement immediately without refund in the case of severe or repeated violations.

AISymmetric will make reasonable efforts to notify the Client before taking action, except where immediate action is necessary to prevent harm or comply with legal requirements.