Legal
Terms of Service
Effective: June 6, 2025 · Last updated: June 6, 2025
Summary: These Terms govern all projects, payments, and responsibilities. Key points: 50% deposit is non-refundable once work starts · You own deliverables after full payment · We retain portfolio rights · Disputes resolved by binding arbitration in the State of Utah, United States.
1. Acceptance of Terms
By accessing or using the GildMade website (gildmade.com), creating an account, or engaging GildMade for services, you ("Client", "you", "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, incorporated herein by reference. If you do not agree to all of these Terms, do not use our services. These Terms constitute a legally binding agreement between you and GildMade ("GildMade", "we", "us", "our").
2. Services Description
GildMade provides business automation services, including custom automation workflows, AI agent automation, custom dashboards and command centers, automated alert and notification systems, tool and system integrations, scheduled reporting, and related digital services. The specific scope, deliverables, timeline, and pricing for each engagement are defined in a written project proposal, statement of work, or service agreement ("Project Agreement") agreed upon in writing by both parties. These Terms apply to all services provided by GildMade in addition to any Project Agreement.
3. Account Registration
To access certain features of our client portal, you must create an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept responsibility for all activity under your account; (d) promptly notify GildMade of any unauthorized use of your account. GildMade reserves the right to terminate accounts that contain false information or violate these Terms. You are responsible for all activity that occurs under your account credentials.
4. Project Scope and Changes
All work is governed by the Project Agreement. Scope creep—work requested beyond the agreed-upon deliverables—is not included and will require a written change order outlining the additional cost and timeline before work proceeds. GildMade will notify you promptly when a request falls outside the agreed scope. Verbal approvals do not constitute project authorization; all scope changes require written confirmation.
5. Payment Terms
(a) Deposit: A 50% deposit is required before any project work begins unless otherwise specified in the Project Agreement. For subscription plans, the first billing period is charged at sign-up. (b) Final Payment: The remaining 50% balance is due upon project completion and your written final approval, before delivery of final files or launch. (c) Enterprise Projects: May follow milestone-based payment schedules as defined in the Project Agreement. (d) Late Payments: Invoices unpaid after 14 days are subject to a 1.5% monthly late fee (18% annually), compounded monthly. GildMade may suspend services for accounts more than 14 days past due. (e) Currency: All prices are in US Dollars (USD). (f) Taxes: Prices do not include applicable sales, use, GST, VAT, or other taxes, which are your responsibility. (g) Payment Processors: Payments are processed via Stripe. By making a payment, you agree to Stripe's Terms of Service.
6. Revisions and Feedback
Each package includes a defined number of revision rounds as specified in your Project Agreement. Revisions must be requested in writing (email or the client portal). Revisions beyond the included rounds are billed at our standard hourly rate ($120/hour USD), quoted before proceeding. Revision requests submitted more than 30 days after delivery of a milestone are treated as new scope. "Revisions" means modifications to approved designs or code; complete redesigns are new scope.
7. Client Responsibilities
You agree to: (a) provide timely feedback within the timeframes specified in the Project Agreement (typically 5 business days); (b) supply accurate descriptions of the workflows to be automated, along with any read-only or scoped API keys and required materials promptly (GildMade requests least-privilege access and does not require full administrative credentials); (c) ensure you have the legal right to use any content, images, or materials you provide; (d) review and approve deliverables in writing at each milestone; (e) maintain backups of your existing systems and data before we begin work. Project timelines are extended proportionally by delays attributable to the client. GildMade is not liable for project delays caused by your failure to provide materials, feedback, or approvals on schedule.
8. Intellectual Property Rights
(a) Client Work: Upon receipt of full final payment, GildMade assigns to you all rights, title, and interest in the custom code, design files, and content created specifically for your project. (b) GildMade Portfolio Rights: GildMade retains the right to display completed work in its portfolio, case studies, and marketing materials unless you request otherwise in writing. (c) Third-Party Components: Open-source libraries, frameworks, stock images, fonts, and other third-party components used in your project remain subject to their respective licenses. GildMade will disclose material third-party dependencies. (d) GildMade IP: GildMade retains all rights to its proprietary tools, methodologies, templates, and know-how, including any general-purpose code not created specifically for your project. (e) Your Content: You retain all rights to content you provide. You grant GildMade a limited license to use your content solely for providing services under these Terms.
9. Refund Policy
(a) The 50% deposit is non-refundable once work has commenced. (b) If GildMade materially fails to deliver the agreed-upon project scope and the failure is not remedied within 30 days of written notice, you may request a refund of amounts paid for undelivered work. (c) No refunds are issued after your written final approval and project launch. (d) Subscription plan payments are non-refundable for the current billing period; you may cancel to prevent future charges. (e) Refunds are processed to the original payment method within 10 business days of approval.
10. Warranties and Disclaimers
GildMade warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. GildMade does not warrant that: (a) services will meet all of your specific requirements not described in the Project Agreement; (b) services will be uninterrupted or error-free; (c) third-party services, platforms, or APIs will remain available or compatible. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GILDMADE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GILDMADE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF GILDMADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GILDMADE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICES WILL NOT EXCEED THE TOTAL FEES YOU PAID TO GILDMADE IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless GildMade, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of our services in violation of these Terms; (b) content you provide that infringes any third-party intellectual property, privacy, or other rights; (c) your violation of any applicable laws or regulations; or (d) your breach of any representation or warranty in these Terms.
13. Termination
(a) By You: You may terminate a project by providing 14 days written notice. You will owe payment for all work completed through the termination date, plus a kill fee equal to 25% of the remaining unpaid project balance. (b) By GildMade: GildMade may terminate services with 14 days written notice for any reason, or immediately if you breach these Terms, fail to pay invoices, or engage in conduct that GildMade determines is harmful or unlawful. Upon termination, GildMade will deliver all completed work product to you upon receipt of outstanding payments. (c) Effect: Sections 8, 10, 11, 12, 14, 15, and 16 survive termination.
14. Confidentiality
Each party agrees to keep confidential any proprietary or sensitive information disclosed by the other party in connection with services ("Confidential Information") and not to disclose it to third parties without prior written consent. Confidential Information does not include information that is publicly available, independently developed, or required to be disclosed by law. These obligations survive termination for 3 years.
15. Dispute Resolution
(a) Informal Resolution: Before filing a formal dispute, you agree to contact GildMade at [email protected] and attempt to resolve the matter informally for at least 30 days. (b) Binding Arbitration: If informal resolution fails, disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in the State of Utah, United States. (c) Class Action Waiver: You waive any right to bring or participate in a class action lawsuit or class-wide arbitration. (d) Small Claims: Either party may bring qualifying claims in small claims court.
16. Governing Law
These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles. Subject to Section 15 (Dispute Resolution), you consent to the exclusive jurisdiction of the courts in the State of Utah, United States for any disputes not subject to arbitration.
17. Acceptable Use
You agree not to use our services to: (a) violate any applicable law or regulation; (b) transmit any material that is defamatory, obscene, fraudulent, or harmful; (c) infringe any intellectual property or other rights of any person; (d) transmit spam, malware, or any unauthorized advertising; (e) attempt to gain unauthorized access to any system or network; (f) interfere with or disrupt the integrity of our services. GildMade reserves the right to remove content or suspend accounts that violate this section.
18. Third-Party Services
GildMade may use, recommend, or integrate third-party services (including Stripe, Google, IONOS, and others) to provide services. These third-party services are subject to their own terms and privacy policies. GildMade is not responsible for the availability, accuracy, or practices of third-party services.
19. Force Majeure
Neither party will be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, internet outages, or other unforeseeable events. The affected party must promptly notify the other and use reasonable efforts to resume performance.
20. Amendments
GildMade reserves the right to modify these Terms at any time. We will notify you of material changes by posting a notice on our website or emailing your registered email address at least 14 days before the changes take effect. Continued use of our services after the effective date constitutes acceptance of the updated Terms.
21. Entire Agreement
These Terms, together with the Privacy Policy and any applicable Project Agreement, constitute the entire agreement between you and GildMade regarding the subject matter herein and supersede all prior and contemporaneous agreements. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. GildMade's failure to enforce any provision is not a waiver of that right.
22. Contact
For questions about these Terms: GildMade · [email protected] · https://gildmade.com