Terms of Service

1. Agreement to these Terms

Welcome. Funky Town Marketing ("we," "us," or "our") operates funkytown.marketing and related pages (the "Site"). By accessing or using the Site, you agree to these Terms of Service and to our Privacy Policy. If you do not agree, please do not use the Site.

You confirm you are at least 18 years old, or that you have your parent or guardian's permission to use the Site.

2. What we do

Funky Town Marketing is a marketing and software agency that builds websites, runs social media, provides SEO, and operates its own software products. Content on the Site describes our services and products and is provided for general information. Specific engagements are governed by a separate written proposal or agreement between you and us, which controls if it conflicts with these Terms.

3. Using the Site

You agree to use the Site lawfully and not to: attempt to breach or test its security; scrape, copy, or resell its content without permission; upload malicious code; impersonate anyone; or interfere with how the Site works for others.

We may change, suspend, or remove any part of the Site at any time without notice.

4. Intellectual property

The Site's design, text, graphics, logos, and code are owned by Funky Town Marketing or its licensors and are protected by law. You may view and share the Site, but you may not copy, modify, or use it commercially without our written permission.

Work products delivered under a paid engagement are governed by the ownership terms in that engagement's agreement.

5. Payments and refunds

Prices and scope for any paid service or product are set out at checkout or in your written agreement. Where payments are processed, they are handled by a third-party payment processor; we do not store your full card details.

All sales are final. Funky Town Marketing does not offer refunds. Because our work is custom and delivered as agreed, payments are non-refundable once work has begun or a product has been delivered. If something is genuinely wrong on our end, contact us and we will make it right, but this does not create a right to a refund.

6. Third-party services and links

The Site relies on third-party providers (for example hosting, analytics, email, and payments) and may link to third-party sites. We are not responsible for the content, policies, or practices of any third party.

7. Disclaimers

The Site and its content are provided "as is" and "as available," without warranties of any kind, express or implied, including fitness for a particular purpose. We do not warrant that the Site will be uninterrupted, error-free, or secure.

Any results, metrics, or examples shown are illustrative and are not a guarantee of any specific outcome for your business.

8. Limitation of liability

To the fullest extent allowed by law, Funky Town Marketing and its owners, team, and partners will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site. Our total liability for any claim relating to the Site is limited to the greater of the amount you paid us in the three months before the claim, or one hundred U.S. dollars (US$100).

9. Indemnification

You agree to hold Funky Town Marketing harmless from claims, losses, and expenses (including reasonable legal fees) arising from your misuse of the Site or your breach of these Terms.

10. Dispute resolution, arbitration, and class-action waiver

If you have a problem, contact us first and we will try in good faith to resolve it informally.

If we cannot resolve it, you and Funky Town Marketing agree that any dispute arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by a recognized arbitration provider under its commercial or consumer rules, seated in the State of Texas, rather than in court. Either party may still bring an eligible claim in small-claims court.

To the fullest extent allowed by law, you and Funky Town Marketing waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative action.

11. Force majeure

Neither party is responsible for any delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, outages, supply shortages, labor disputes, or government action.

12. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains what we collect and how we use it.

13. Governing law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law rules, and are the entire agreement between you and us regarding the Site. If any provision is held unenforceable, the rest remains in effect.

14. Changes to these Terms

We may update these Terms from time to time. The updated version takes effect when posted, with a new effective date. Continuing to use the Site means you accept the changes.

15. Contact

Questions about these Terms? Email us at funkytownmarketing@outlook.com.