Terms of Use / Terms & Conditions
Mercy Speaks Digital
Last updated: [Month Day, Year]
These Terms of Use (“Terms”) govern your access to and use of the website [yourdomain.com] (the “Site”) and any services, content, or resources provided by Mercy Speaks LLC, doing business as Mercy Speaks Digital (“Mercy Speaks Digital”, “we”, “us”, or “our”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Who We Are
Mercy Speaks LLC operates as Mercy Speaks Digital, a digital agency providing services such as AI-powered solutions, app-related services, WordPress website design and development, and other digital and consulting services (collectively, the “Services”).
If you have any questions about these Terms, you can contact us at:
- Email: [your email, e.g., hello@yourdomain.com]
- Website: [yourdomain.com]
- Address: [Business mailing address, City, State, Country]
2. Acceptance of Terms
By visiting the Site, submitting a form, downloading any content, or engaging with us in any way through the Site, you:
- Acknowledge that you have read and understood these Terms;
- Agree to be bound by these Terms and our Privacy Policy; and
- Represent that you are at least 18 years old or accessing the Site under the supervision of a parent or legal guardian.
If you are using the Site or Services on behalf of a business, organization, church, or other entity, you represent that you are authorized to accept these Terms on behalf of that entity.
3. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Any changes are effective when posted.
Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Site.
4. Services, Information, and No Guarantees
Information on the Site is provided for general informational and marketing purposes only. While we aim to provide accurate and up-to-date content, we:
- Do not guarantee that any particular result, outcome, or revenue will be achieved through our Services; and
- Reserve the right to change, suspend, or discontinue any part of the Site or Services at any time without notice.
Any timelines, case studies, or testimonials are examples only and do not guarantee the same or similar results for your organization.
5. No Professional Advice
Unless explicitly agreed in a separate written contract:
- The Site and its content do not constitute legal, financial, tax, or professional advice.
- You should consult with qualified professionals before making decisions based on any information found on or through the Site.
We disclaim all liability for any actions you take or do not take based on the information provided on the Site.
6. Accounts, Access, and Security
Some parts of the Site or our Services may require you to create an account or provide login information (e.g., to access hosting, WordPress, or third-party platforms for your project).
You agree to:
- Provide accurate, current, and complete information;
- Maintain the confidentiality of any login credentials; and
- Notify us promptly if you suspect any unauthorized access or security breach.
You are responsible for all activities that occur under your account unless caused by our negligence or misconduct.
7. Your Content and Materials
If you provide us with content (including text, images, logos, videos, or other materials) for use in your website or project (“Client Content”), you represent and warrant that:
- You own or have sufficient rights to use and authorize us to use the Client Content;
- The Client Content does not infringe any third-party rights, including copyright, trademark, privacy, or publicity rights; and
- The Client Content does not contain unlawful, defamatory, or abusive material.
You grant Mercy Speaks Digital a limited, non-exclusive, royalty-free license to use, reproduce, modify, and display the Client Content solely for the purpose of providing the Services to you.
8. Acceptable Use of the Site
You agree not to use the Site:
- For any unlawful purpose or in violation of any applicable law or regulation;
- To transmit spam, unsolicited messages, or unauthorized advertising;
- To infringe upon the rights of others, including intellectual property or privacy rights;
- To introduce viruses, malware, or other harmful code;
- To attempt unauthorized access to the Site, servers, or related systems;
- To scrape, crawl, or harvest data from the Site for commercial purposes without our written consent.
We reserve the right to suspend or terminate your access if we believe you have violated these Terms.
9. Intellectual Property
Unless otherwise stated, all content on the Site—including text, graphics, logos, icons, images, videos, design, layout, and code—is the property of Mercy Speaks Digital or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may:
- View, print, and download content from the Site for your personal or internal business use only, provided you do not remove any copyright or proprietary notices.
You may not, without our prior written consent:
- Copy, reproduce, distribute, modify, or create derivative works from any part of the Site;
- Use any trademarks, logos, or branding of Mercy Speaks Digital in a way that suggests endorsement or affiliation;
- Resell, license, or commercially exploit Site content.
10. Third-Party Links and Tools
The Site may contain links to third-party websites, tools, or services (e.g., hosting providers, WordPress plugins, analytics tools, AI platforms). These are provided for convenience only.
We do not control and are not responsible for:
- The content, privacy practices, or policies of third-party sites;
- Any loss or damage caused by your use of such third-party tools or services.
You access third-party sites and tools at your own risk and subject to their terms and policies.
11. Fees, Payments, and Refunds
If you purchase Services from us, either through the Site or by separate agreement:
- Fees, payment terms, milestones, and deliverables will be outlined in a separate proposal, invoice, or contract.
- Unless otherwise stated, all fees are non-refundable, except where required by law or explicitly agreed in writing.
You are responsible for all applicable taxes, duties, or governmental charges related to your purchase of Services.
12. Testimonials and Case Studies
We may display testimonials, reviews, or case studies from clients on the Site.
- Such content reflects individual experiences and opinions and does not guarantee future performance or results.
- By providing us with a testimonial or review (written, audio, or video), you grant us permission to use it on the Site and in marketing materials, unless otherwise agreed in writing.
13. Confidentiality
During the course of working together, each party may have access to non-public, confidential information of the other party (“Confidential Information”).
Except as required by law or necessary to perform the Services:
- Each party agrees to keep the other party’s Confidential Information confidential;
- Not to disclose it to any third party without consent; and
- To use it only for the purposes of the engagement.
This section does not apply to information that is or becomes publicly available through no fault of the receiving party.
14. Disclaimers
The Site and its content are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:
- Warranties of accuracy, completeness, or reliability;
- Warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Any warranty that the Site will be uninterrupted, secure, or free of errors or harmful components.
Your use of the Site is at your own risk.
15. Limitation of Liability
To the fullest extent permitted by law:
- Mercy Speaks Digital, its owners, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or Services.
- Our total aggregate liability for any claim arising out of or relating to the Site, these Terms, or the Services shall not exceed the amount you paid to us for Services in the three (3) months preceding the event giving rise to the claim, or USD $100 if you have not purchased any Services.
Some jurisdictions do not allow limitations of liability for certain damages. In such cases, the limitation above shall apply to the maximum extent permitted by law.
16. Indemnification
You agree to indemnify, defend, and hold harmless Mercy Speaks Digital, its owners, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Site or Services;
- Your violation of these Terms;
- Your infringement of any third-party rights (including intellectual property, privacy, or publicity rights);
- Any Client Content or materials you provide.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms, the Site, or the Services shall be:
- First addressed through good-faith negotiation between the parties; and
- If unresolved, submitted to the exclusive jurisdiction of the state or federal courts located in [County], Texas, USA.
You agree to submit to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.
18. Termination
We may, at our sole discretion, suspend or terminate your access to the Site at any time and for any reason, including if we believe you have violated these Terms.
Upon termination:
- Your right to use the Site will cease immediately; and
- Provisions that by their nature should survive termination (such as intellectual property rights, disclaimers, limitations of liability, and indemnity) shall continue to apply.
19. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements or contracts you enter into with us for specific Services, constitute the entire agreement between you and Mercy Speaks Digital regarding your use of the Site and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
21. Contact Us
If you have any questions about these Terms, you can contact us at:
Mercy Speaks Digital
Email: [your email]
Website: [yourdomain.com]
Address: Richmond, Texas. 77407