Terms of Service

1. Services and project agreements

Website descriptions, timelines, and prices are general offers and may change based on project scope. Each paid engagement will be governed by a proposal, statement of work, invoice, or other written agreement. If that agreement conflicts with these terms, the project-specific agreement controls.

2. Client responsibilities

• Provide accurate requirements, content, access, and feedback on time.
• Ensure you have rights to all materials supplied to us.
• Review and approve deliverables within agreed review periods.
• Use deliverables lawfully and comply with third-party platform rules.

3. Fees and payment

Unless a project agreement states otherwise, payments follow the schedule shown in the accepted proposal or invoice. Work may be paused for overdue balances. Fees for completed work, reserved capacity, purchased third-party services, and approved milestones are non-refundable except where required by law or stated in the Refund Policy.

4. Scope changes and delays

Requests outside the approved scope may require an updated quote, timeline, or change order. Delivery dates depend on timely client feedback and access. MistyMinds is not responsible for delays caused by the client, third-party providers, app stores, hosting services, or circumstances beyond our reasonable control.

5. Intellectual property

Upon full payment, the client receives ownership of the custom final deliverables identified in the project agreement. MistyMinds retains ownership of pre-existing tools, reusable libraries, methods, know-how, and third-party components. Any third-party or open-source materials remain subject to their applicable licenses.

6. Portfolio rights and confidentiality

We will protect confidential information using reasonable care. Unless a separate written agreement prohibits it, we may identify the client and display non-confidential completed work in our portfolio after public launch.

7. Third-party services

Projects may depend on hosting, payment processors, APIs, app stores, or other third-party services. Their availability, pricing, policies, approvals, and performance are outside our control. The client is responsible for third-party accounts and ongoing fees unless agreed otherwise.

8. Warranties and disclaimers

We will perform services professionally and address reproducible defects reported during any written warranty or support period. Except for express written commitments, the website and services are provided “as is.” We do not guarantee revenue, funding, search rankings, app store approval, uninterrupted operation, or any specific business outcome.

9. Limitation of liability

To the maximum extent permitted by law, MistyMinds will not be liable for indirect, incidental, special, consequential, or lost-profit damages. Our total liability relating to a project will not exceed the amount the client paid MistyMinds for the services giving rise to the claim.

10. Termination

Either party may terminate an engagement as allowed by the project agreement. The client remains responsible for work completed, approved milestones, reserved capacity, and non-cancelable costs through the termination date. Upon payment, we will provide completed deliverables required by the agreement.

11. Governing law

These terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any dispute will be brought in a court of competent jurisdiction serving Genesee County, Michigan, unless the parties agree to another resolution method.

12. Changes and contact

We may update these terms by posting a revised version with a new effective date. Questions may be directed to MistyMinds at (616) 931-0595 or 336 W 1ST ST STE 113, FLINT, MI 48502.