Terms of Service

1. Agreement to Terms

These Terms of Service (“Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Acquired Aesthetic LLC DBA Digital Flagship (“Company,” “we,” “us,” or “our”), concerning your access to and use of the digitalflagship.com website as well as any services provided through our order forms, invoices, digital communications, or other business channels (“Services”). We are registered in the State of Texas and have our principal place of business in Collin County, Texas.

By accessing our website or submitting payment for services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SITE OR PURCHASING SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes or modifications to these Terms at any time and for any reason. Updates will be posted with a revised “Last updated” date. Your continued use of the Site or payment for Services following the posting of revised Terms constitutes your acceptance of the changes.

Our Site is not designed to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. If your use of the Site or our Services would be subject to such laws, you may not use them. The Site and Services are intended only for users who are at least 18 years of age.

2. Scope of Services

Contractor will provide design, development, strategy, and/or consulting services as outlined in the scope accompanying this order. Any revisions, additions, or changes in project direction may require additional fees and timeline adjustments. All changes to scope must be agreed upon in writing.

3. Deliverables & Timeline

Contractor will provide deliverables in accordance with the estimated timeline. Timelines are subject to adjustment based on Client responsiveness, scope changes, or unforeseen delays. Contractor will communicate any changes promptly. A Testing Period of 15 days after delivery is granted for Client to request revisions based on previously agreed specifications.

4. Payment & Refund Policy

All fees are due in accordance with the terms presented in the order form or invoice. Payments made are non-refundable. Client acknowledges that fees compensate for both time reserved and work performed. If the project is canceled before completion, no future payments will be due, but all paid amounts remain non-refundable.

5. Ownership & Intellectual Property

Upon full payment, the Client owns the final deliverables and associated intellectual property. Contractor retains the right to reuse non-unique tools, code snippets, templates, and frameworks developed independently of the Client project. Drafts, working files, and unused concepts remain the intellectual property of Contractor unless otherwise stated in writing.

6. Portfolio Use

Contractor may display final deliverables and publicly available outcomes (e.g., screenshots, branding, websites) in its portfolio, social media, marketing materials, and case studies unless the Client explicitly requests a confidentiality clause prior to project start.

7. Client Responsibilities

Client agrees to provide timely feedback, materials, and approvals as necessary to complete the project. Contractor is not responsible for delays caused by Client inaction, missed deadlines, or lack of communication.

8. Confidentiality

Both parties agree to maintain confidentiality regarding proprietary or non-public information shared during the engagement. Contractor will not share or reuse Client business information outside the scope of the project without permission.

9. Limitation of Liability

Contractor shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, profits, or business opportunity. Total liability, if any, shall be limited to the amount paid by Client in the six (6) months preceding the claim.

10. Warranties & Disclaimers

Contractor warrants that all work will be original and not knowingly infringe on any third-party rights. Contractor provides services “as is” and does not guarantee specific results, sales, or performance beyond agreed deliverables. Website and platform uptime, security, and performance are subject to third-party hosting environments and tools used.

11. Cancellations & Termination

Either party may terminate the agreement at any time in writing. Upon termination, no additional payments will be required, but all previously paid fees are non-refundable. Work completed prior to termination remains the property of Contractor until paid in full.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The parties agree to submit to the exclusive jurisdiction of the courts located in Collin County, Texas.

13. Entire Agreement

This Agreement represents the entire understanding between the parties. No other representations, statements, or warranties shall apply unless set forth in writing. This Agreement supersedes all prior agreements and communications.

14. Electronic Communications

By using our Site or purchasing our Services, you consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement for written communication.

15. Agreement by Payment

By submitting payment, you acknowledge that you have read, understood, and agreed to these Terms of Service. Your payment constitutes acceptance of this agreement and enters you into a binding contract with Acquired Aesthetic LLC DBA Digital Flagship.