Terms of Service

Last updated: January 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by Flourishing Digital (“we”, “us”, “our”). By using our site or engaging us for services you agree to be bound by these Terms.

1. Use of the site

You agree to use our site lawfully and in a manner that does not infringe the rights of, or restrict or inhibit the use of, the site by any third party. You must not introduce viruses, trojans or other malicious material to the site.

2. Intellectual property

All content, design, logos and trademarks on this site are owned by or licensed to Flourishing Digital and protected by applicable intellectual property laws. You may not reproduce, modify or distribute any portion of the site without our prior written consent, except where allowed by law.

3. Services and agreements

Specific services we provide (e.g. design, development, marketing) are governed by a separate written agreement or statement of work (“SOW”). In the event of any conflict between these Terms and an SOW, the SOW controls for the services it covers.

4. Fees, invoicing and refunds

• Fees, milestones and payment terms are set out in your SOW.
• Invoices are due within the period stated on each invoice (typically NET 15).
• Late payment may accrue interest at the maximum rate allowed by law.
• Deposits are non-refundable unless explicitly stated in the SOW.

5. Client responsibilities

You agree to provide:

• Timely feedback, content and approvals.
• Accurate information and access to required systems and accounts.
• Confirmation that you own (or are licensed to use) all materials you supply.

6. Deliverables and ownership

Upon full payment of fees due, the final deliverables created for you under an SOW will be assigned to you, except for our pre-existing tools, frameworks and any third-party assets, which remain owned by their respective owners and are licensed to you only as needed to use the deliverables.

7. Confidentiality

Both parties agree to keep confidential information shared during an engagement confidential, and to use it only for the purpose of the engagement. Confidentiality obligations survive termination of the agreement.

8. Warranties and disclaimers

Our site and services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, except as required by law. We do not warrant that the site will be uninterrupted or error-free.

9. Limitation of liability

To the maximum extent permitted by law, Flourishing Digital is not liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues. Our total liability for any claim arising under these Terms or an SOW is limited to the fees paid by you to us in the 6 months preceding the claim.

10. Indemnification

You agree to indemnify and hold Flourishing Digital harmless from any claims, damages or expenses arising out of your breach of these Terms, your use of the site, or any content you provide to us.

11. Termination

Either party may terminate an engagement for material breach if the breach is not cured within 14 days of written notice. Upon termination, you remain responsible for fees earned and expenses incurred up to the termination date.

12. Governing law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of law principles. Any dispute will be resolved in the state or federal courts located in San Francisco County, California.

13. Changes to these Terms

We may update these Terms from time to time. Continued use of the site after changes are posted constitutes your acceptance of the updated Terms.

14. Contact

Questions about these Terms? Email legal@flourishingdigital.com or write to us at 548 Market Street, San Francisco, CA, USA.