Terms of Service

These terms cover how we work together when you hire AIwhirks for web development, SEO, content, or related services. We've kept the legalese to a minimum and the practical stuff up front — so you actually know what you're agreeing to.

1. About these terms

By using aiwhirks.com or engaging AIwhirks for paid services, you agree to these terms. AIwhirks is operated by Travis Sutphin, based in St. Augustine, FL, USA ("we," "us," "our"). The person or business hiring us is "you" or "client."

Project-specific terms (scope, pricing, timeline) are documented in your individual project agreement. Where this page and your project agreement conflict, the project agreement wins.

2. Services we provide

AIwhirks provides website development, SEO optimization, Google Business Profile management, blog and content management, and custom WebApp development services for small businesses. Our service is offered as a single monthly plan ("The Partnership") described on our pricing page. Custom WebApp work is scoped individually.

3. Engagement & payment

Setup fees

Setup fees are billed at the start of the project. Payment plans are available on request — we'll structure milestones tied to project phases (scope, design, build, launch).

Monthly retainers

Monthly service fees are billed monthly in advance. We require a credit card or ACH on file. Your first monthly fee starts the day your site goes live.

Late payments

Invoices unpaid after 15 days may result in temporary suspension of monthly services (content publishing, GBP posts, etc.). Hosting and core site functions are never suspended for late payment without 30 days written notice.

4. What you provide

To do our best work, we need timely input from you:

• Information about your business, customers, and goals
• Access to your domain registrar, existing accounts (Google Business, etc.) when needed
• Timely review and approval of drafts (typically within 5 business days)
• Brand assets (logo, photos) if available — we can source/create these if not

Delays in your input may extend project timelines. We'll communicate clearly when we're waiting on you.

5. Intellectual property & ownership

You own your website and content. Once you've paid for the work, all custom design, code, and content we produce for you is yours. You can take it elsewhere at any time.

We retain rights to:

• Underlying frameworks, libraries, and reusable code patterns we use across multiple projects
• Our proprietary processes and AI agent training
• The right to display your project in our portfolio (unless you opt out in writing)

6. Cancellation & refunds

Monthly plans

No long-term contracts. You can cancel any monthly plan with 30 days' notice. No cancellation fees, no penalty. You keep everything we've built.

Setup fees

Setup fees for completed work are non-refundable. If you cancel mid-project, we'll bill only for work completed and you keep all completed deliverables.

7. Performance disclaimers

SEO and content marketing are long-term investments. We can promise high-quality work, sound strategy, and best-practice execution — but we cannot guarantee specific search rankings, traffic numbers, or revenue outcomes. Results depend on your industry, competition, market conditions, and Google's algorithms (which change without notice).

Most clients see meaningful ranking improvements within 60–90 days, with significant compounding by month 4–6. Past results don't guarantee future performance.

8. Warranty disclaimer

We work hard to deliver excellent work and we stand behind it. But to be straight with you: our services and deliverables are provided "as is" and "as available." To the extent permitted by law, we disclaim all warranties beyond what's explicitly stated in your project agreement — including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

What that means in plain English: we'll do quality work and we'll fix what's broken — but we can't guarantee your business will hit specific revenue, traffic, or ranking targets. Markets shift. Algorithms change. We do our part, your project agreement spells out exactly what that includes, and we're honest about what's outside our control.

The only warranties that apply are those explicitly written in your project agreement. No one — including us — has authority to make any other promise about our work.

9. Service availability

We aim for 99%+ hosting uptime. Brief downtime for maintenance or platform issues happens occasionally — we communicate planned maintenance in advance. We are not liable for downtime caused by third-party services (hosting providers, DNS, Google services, etc.) outside our direct control.

10. Force majeure

Neither party is liable for delays or failures in performance caused by circumstances reasonably outside their control — natural disasters, pandemics, war, government actions, internet or hosting provider outages, cyber attacks, power failures, or similar events. We'll communicate as soon as something happens, work to resolve it, and pick up where we left off.

11. Confidentiality

Any non-public information you share with us — business strategy, customer lists, financials, competitive intelligence — stays confidential. We don't share it with anyone outside our work for you.

12. Limitation of liability

To the extent permitted by law, AIwhirks's total liability for any claim arising from our services is limited to the amount you've paid us in the previous 12 months. We're not liable for indirect, incidental, or consequential damages (lost profits, lost data, business interruption, etc.).

13. Indemnification

Both of us agree to protect the other from third-party legal claims that result from the protecting party's own actions:

You agree to defend and hold us harmless against claims arising from content you provide (text, images, data), how you use the work we deliver, your business operations, or anything you authorize us to publish or post on your behalf.

We agree to defend and hold you harmless against claims that the original code or design we create for you infringes someone else's intellectual property — provided you've used it as intended and haven't modified it in ways that introduce the infringement.

The party seeking indemnification must notify the other within 30 days of becoming aware of the claim and cooperate in the defense.

14. Termination

Either party can terminate the engagement with 30 days' written notice. We may terminate immediately if you breach these terms (for example, non-payment, illegal activity, or abusive conduct). On termination, you keep all completed deliverables and any prepaid amounts for unused services are refunded prorated.

What survives termination: Sections on intellectual property ownership, limitation of liability, indemnification, confidentiality, and governing law remain in effect after the engagement ends.

15. Governing law

These terms are governed by the laws of the State of Florida, USA. Any disputes that can't be resolved by direct conversation will be handled in courts located in St. Johns County, Florida.

16. Changes to these terms

We may update these terms from time to time. Material changes will be communicated to active clients via email at least 30 days before they take effect. Continued use of our services after the effective date constitutes acceptance.

17. Contact

Questions about these terms? Email [email protected]. Travis personally responds.