These Terms of Service ("Terms") govern your use of the website at browndigitalsolutions.com and your general relationship with Brown Digital Solutions ("we," "us," or "our"). Please read them carefully.
By accessing or using our website, contacting us, or hiring us for services, you agree to these Terms. If you do not agree, do not use our website or services.
1. About Brown Digital Solutions
Brown Digital Solutions provides web design, website development, mobile app development, custom digital tools, and related design and branding services for businesses and individuals. Our business is operated by Ethan Brown.
Contact: contact@browndigitalsolutions.com | 608-462-7077
2. Use of our website
You agree to use our website only for lawful purposes. You may not:
- Use the site in a way that violates any applicable law or regulation
- Attempt to gain unauthorized access to our systems, servers, or data
- Introduce viruses, malware, or harmful code
- Scrape, copy, or misuse site content without permission
- Impersonate Brown Digital Solutions or any other person or entity
- Interfere with the proper working of the website
We may suspend or restrict access to our website at any time for security, maintenance, or legal reasons.
3. Services and project agreements
Information on our website (including pricing examples, timelines, or service descriptions) is for general information only and is not a binding offer.
When you hire us, the specific scope, timeline, deliverables, fees, payment schedule, and other project details will be set out in a separate proposal, statement of work, invoice, or written agreement ("Project Agreement"). If there is a conflict between these Terms and a signed Project Agreement, the Project Agreement controls for that project.
4. Quotes, payments, and refunds
- Quotes are valid for the period stated in the quote, or 30 days if not specified.
- Payment terms (deposits, milestones, final payment) will be stated in your Project Agreement or invoice.
- Late payments may delay work or pause access to deliverables until the account is current.
- Refunds, if any, depend on the work completed and the terms in your Project Agreement. Custom design and development work is generally non-refundable once work has begun, unless we agree otherwise in writing.
- You are responsible for any taxes applicable to services unless stated otherwise.
5. Client responsibilities
To help us deliver your project on time, you agree to:
- Provide accurate information, content, and feedback in a timely manner
- Supply logos, images, copy, and other materials you want used, or approve our placeholders
- Confirm you have the right to use any content you provide
- Review deliverables and report issues within the review period stated in your Project Agreement
- Maintain your own accounts for hosting, domains, app stores, and third-party services when applicable
Delays caused by missing client input may extend timelines and are not our responsibility.
6. Intellectual property
Our website content
The Brown Digital Solutions name, logo, website design, text, graphics, and other materials on this site are owned by us or our licensors and are protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or exploit them without our written permission.
Client projects
Unless your Project Agreement says otherwise:
- Upon full payment, you receive ownership or a license to use the final deliverables created specifically for your project.
- We retain ownership of our pre-existing tools, templates, code libraries, and general know-how.
- We may display completed work in our portfolio, case studies, and marketing unless you request otherwise in writing before launch.
- Third-party assets (fonts, stock photos, plugins, frameworks) remain subject to their own licenses.
7. Third-party services
Websites and apps often rely on third-party hosting, domains, payment processors, analytics, APIs, and app stores. We are not responsible for outages, policy changes, fees, or actions of third-party providers. You are responsible for complying with their terms and maintaining your accounts.
8. Warranties and disclaimers
We work professionally and in good faith to deliver quality websites, apps, and digital solutions. However, our website and services are provided "as is" and "as available" to the fullest extent permitted by law.
We do not guarantee that:
- Your website or app will be error-free, uninterrupted, or meet every business goal
- Search rankings, traffic, sales, or revenue will increase
- Third-party platforms will approve or maintain your app or site without issue
We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, except where prohibited by law.
9. Limitation of liability
To the fullest extent permitted by law, Brown Digital Solutions and Ethan Brown will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising from your use of our website or services.
Our total liability for any claim related to our website or services will not exceed the greater of (a) the amount you paid us for the specific project giving rise to the claim in the twelve (12) months before the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless Brown Digital Solutions and Ethan Brown from claims, damages, and expenses (including reasonable legal fees) arising from content you provide, your use of deliverables, your violation of these Terms, or your violation of any third-party rights.
11. Support and maintenance
Ongoing support, updates, hosting, and maintenance are included only if stated in your Project Agreement. After a project launches, additional work is billed separately unless a support plan is in place.
12. Termination
Either party may end a project according to the Project Agreement. We may refuse or terminate work if you breach these Terms, fail to pay, or engage in abusive or unlawful conduct. Sections that by nature should survive (payment obligations, intellectual property, disclaimers, limitation of liability, and governing law) will survive termination.
13. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
14. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date will show when changes were made. Continued use of our website after changes means you accept the updated Terms. Material changes to active client projects will be communicated as appropriate.
15. Governing law and disputes
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles. Any dispute arising from these Terms or our services will be brought in the state or federal courts located in Wisconsin, and you consent to their jurisdiction.
Before filing a claim, we encourage you to contact us at contact@browndigitalsolutions.com so we can try to resolve the issue informally.
16. General
- Entire agreement: For website use, these Terms and our Privacy Policy are the entire agreement. For projects, your Project Agreement also applies.
- Severability: If any provision is unenforceable, the rest remains in effect.
- No waiver: Failure to enforce a provision is not a waiver of that provision.
- Assignment: You may not assign these Terms without our consent. We may assign them in connection with a business transfer.
17. Contact
Questions about these Terms? Contact Brown Digital Solutions at contact@browndigitalsolutions.com or 608-462-7077.