Terms of Service
Effective Date: January 1st, 2020
Welcome to YouWho Digital. These Terms of Service (“Terms”) govern the use of our website, services, communications, proposals, invoices, and digital marketing work provided by Let’s Overthink, LTD. dba YouWho Digital (“YouWho Digital,” “we,” “our,” or “us”).
By using our website, requesting services, approving a proposal, paying an invoice, or continuing to work with us, you (“Client,” “you,” or “your”) agree to these Terms.
If you do not agree to these Terms, please do not use our website or services.
1. Services Provided
YouWho Digital provides digital marketing and creative services including, but not limited to:
- Website design and development
- Search engine optimization (SEO)
- Google Ads and pay-per-click advertising
- Social media management
- Branding and creative services
- Content creation and copywriting
- Consulting and strategy
- Technical troubleshooting and digital support
Specific deliverables, timelines, and project scope may vary by client and will be outlined through written communication, proposals, invoices, or other agreements.
2. No Guarantee of Results
Client acknowledges that digital marketing results can vary significantly based on industry, competition, market conditions, budget, platform changes, and numerous external factors outside of YouWho Digital’s control.
YouWho Digital does not guarantee:
- Search engine rankings
- Website traffic levels
- Lead generation volume
- Sales or revenue increases
- Advertising performance
- Conversion rates
- Social media growth
- Search visibility on Google or other platforms
Any estimates, projections, discussions of strategy, or examples of past success are provided for informational purposes only and do not constitute guarantees of future performance.
3. Third-Party Platforms and Services
Many services provided by YouWho Digital rely on third-party platforms, software, and providers, including but not limited to:
- Meta/Facebook/Instagram
- WordPress
- Website hosting companies (ICDSoft, GoDaddy, Bluehost, etc)
- Domain registrars (Squarespace, GoDaddy, ICDSoft, etc)
- Themes and plugins
- Analytics platforms
- Email service providers
- Payment processors
YouWho Digital is not responsible for outages, policy changes, account suspensions, software vulnerabilities, algorithm updates, discontinued services, security incidents, or performance issues caused by third-party platforms or providers.
Client understands that third-party systems may change functionality, pricing, policies, or availability at any time without notice.
4. Website Hosting and Maintenance
Unless explicitly stated otherwise in writing, YouWho Digital does not provide direct website hosting services and is not responsible for hosting infrastructure, server uptime, server security, or hosting-related failures.
Websites may be hosted through third-party providers selected by the Client or recommended by YouWho Digital.
YouWho Digital may assist with website updates, troubleshooting, or maintenance on a case-by-case basis; however, no ongoing maintenance, monitoring, security management, backup services, or emergency support is guaranteed unless covered under a separate written maintenance agreement.
Client remains responsible for maintaining active hosting accounts, domain renewals, licensing, backups, and access credentials.
5. Client Responsibilities
Client agrees to:
- Provide accurate and timely information
- Maintain legal rights to all submitted content, images, logos, and materials
- Review and approve deliverables in a timely manner
- Maintain access to accounts, domains, and third-party platforms when applicable
- Comply with all applicable laws and regulations
- Maintain payment methods and make timely payments
Client is solely responsible for the legality and accuracy of all business claims, advertising claims, promotions, and website content provided to YouWho Digital.
6. Intellectual Property
Upon full payment, Client will own final approved deliverables specifically created for the Client unless otherwise agreed in writing.
YouWho Digital retains ownership of:
- Internal processes and workflows
- Proprietary systems
- Templates
- Draft concepts
- Unused designs
- Marketing methodologies
- Educational materials
- General knowledge and techniques
Certain third-party assets including fonts, plugins, stock photography, themes, or licensed software may remain subject to their original licensing agreements.
7. Payments, Late Fees, and Paused Work
Invoices are due according to the payment terms listed on the invoice unless otherwise agreed in writing.
Invoices that remain unpaid for more than thirty (30) days may incur a 15% late fee.
YouWho Digital reserves the right to pause active work, campaigns, edits, support, or project progress on accounts that become more than seven (7) days past due.
Failure to pay invoices may also result in delayed project timelines, removal of access, suspension of services, or termination of ongoing work.
Client remains responsible for all outstanding balances regardless of project completion status.
8. Limitation of Liability
To the maximum extent permitted by law, YouWho Digital shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:
- Lost profits
- Lost revenue
- Loss of business opportunity
- Loss of rankings
- Advertising losses
- Data loss
- Website downtime
- Business interruption
- Security incidents
- Reputational harm
In all cases, the total liability of YouWho Digital for any claim related to services provided shall not exceed the total amount paid by Client to YouWho Digital during the three (3) months preceding the event giving rise to the claim.
9. Indemnification
Client agrees to defend, indemnify, and hold harmless YouWho Digital and its owners, contractors, affiliates, and representatives from any claims, liabilities, damages, losses, costs, or legal expenses arising from:
- Client-provided content
- Copyright or trademark disputes
- False or misleading advertising claims
- Violations of law or platform policies
- Client business operations
- Unauthorized use of third-party materials
10. Project Delays and Abandonment
Project timelines may be delayed if Client fails to provide requested materials, approvals, access credentials, feedback, or communication in a timely manner.
Projects that remain inactive for more than sixty (60) days due to Client inactivity may be considered abandoned at the discretion of YouWho Digital. Reactivation of abandoned projects may require additional fees or revised timelines.
11. Termination of Services
Either party may terminate services at any time unless otherwise governed by a separate written agreement.
Client remains responsible for payment for all completed work, active work in progress, incurred expenses, and approved deliverables up to the termination date.
YouWho Digital reserves the right to terminate services immediately for nonpayment, abusive conduct, illegal activity, or violations of these Terms.
12. Governing Law
These Terms shall be governed by and interpreted under the laws of the State of Colorado, without regard to conflict of law principles.
Any disputes arising from these Terms or services provided by YouWho Digital shall be handled in the appropriate courts located within Colorado.
13. Modifications to Terms
YouWho Digital reserves the right to update or modify these Terms at any time without prior notice.
Updated versions will be posted on this page with a revised effective date. Continued use of our services after changes are posted constitutes acceptance of the updated Terms.
14. Contact Information
Questions regarding these Terms may be directed to:
YouWho Digital
Email: hello@youwhodigital.com
Website: www.youwhodigital.com
