Terms of Service

1. Scope of Terms

These Terms govern your use of the Site, including all content, features, and functionality available through the Site. Separate written agreements govern the provision of web development, design, hosting, and related professional services (“Client Services”). In the event of any conflict between these Terms and a signed Client Services agreement, the Client Services agreement shall control with respect to the services covered by that agreement.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use this Site. By using the Site, you represent and warrant that you meet these requirements. If you are using the Site on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

3. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that violates any applicable federal, state, or local law or regulation; to impersonate or attempt to impersonate Escapement LLC, an Escapement employee, another user, or any other person or entity; to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site; to introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful; to attempt to gain unauthorized access to any portion of the Site, server, or any systems connected to the Site; or to use any automated means, including bots, scrapers, or spiders, to access, monitor, or copy any content from the Site without our prior written consent.

4. Intellectual Property

4.1 Our Content

The Site and its entire contents, features, and functionality — including all text, graphics, logos, icons, images, audio, video, software, code, and the design, selection, and arrangement thereof — are owned by Escapement LLC and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. “Escapement” and the Escapement logo are trademarks of Escapement LLC. You may not use our trademarks without our prior written permission.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include the right to reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content on the Site without our prior written consent.

4.3 Client Work

Portfolio items, case studies, and client testimonials displayed on the Site are used with permission. The intellectual property rights in client work are governed by the applicable Client Services agreement between Escapement LLC and the respective client.

5. User Submissions

When you submit information through our contact form, request-a-quote form, or other submission mechanisms on the Site, you grant Escapement LLC a non-exclusive, royalty-free right to use that information solely for the purpose of responding to your inquiry and providing services you request. You represent and warrant that any information you submit is accurate, that you have the right to submit it, and that such submission does not violate any third-party rights.

6. Pricing and Services Information

All pricing, service descriptions, timelines, and other information displayed on the Site are for informational purposes only and do not constitute a binding offer. Actual project pricing, scope, and timelines are determined through a formal discovery process and are governed by a signed Client Services agreement. We reserve the right to update pricing at any time with 30 days’ notice to existing clients under active retainer agreements.

7. Payment Terms

Payments made through the Site (such as invoice payments or quote deposits) are processed by Stripe, Inc. By making a payment, you agree to Stripe’s terms of service and acknowledge that Escapement LLC does not store your full payment card information. Payment terms, refund policies, and cancellation terms for Client Services are governed by the applicable Client Services agreement.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources. These links are provided for your convenience only. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

9. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ESCAPEMENT LLC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESCAPEMENT LLC, ITS OWNER, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THIS LIMITATION APPLIES TO LIABILITY ARISING FROM THE USE OF THE SITE ONLY AND DOES NOT LIMIT LIABILITY ARISING UNDER A SEPARATE SIGNED CLIENT SERVICES AGREEMENT.

11. Indemnification

You agree to defend, indemnify, and hold harmless Escapement LLC and its owner, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Site, or your violation of any rights of a third party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in the State of Georgia, and you irrevocably consent to the personal jurisdiction and venue of such courts.

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at jonathan@escapement.io. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved within that period, either party may proceed with formal legal action.

13. Termination

We reserve the right to terminate or suspend your access to the Site at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15. Waiver

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and Escapement LLC regarding your use of the Site. These Terms do not alter the terms or conditions of any separate signed agreement you may have with Escapement LLC for Client Services.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we do, we will revise the “Last Updated” date at the top of this page. Material changes will be communicated through a prominent notice on the Site. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.

18. Contact Us

If you have any questions about these Terms, please contact us at: