Website & App Services Agreement
Last updated: October 12, 2026
This Website & App Services Agreement (the "Agreement") is between Ineffable Ventures, LLC, a Minnesota limited liability company ("Ineffable," "we," "us"), and the business or individual that accepts it (the "Client," "you"). You accept this Agreement when you sign or approve an Order, pay an invoice or Payment Link that references it, or check a box agreeing to it. If you accept for a business, you confirm you're authorized to bind it. You must be at least 18 years old to purchase services.
Plain-English summary (not a substitute for the terms below): Prices on our website are starting prices; your Order sets your actual price. You pay the build fee up front. You choose to pay for hosting & maintenance monthly or yearly. Monthly plans have a 12-month minimum term. Plans renew automatically until you cancel, and you can cancel anytime, effective at the end of the period you've paid for (on monthly billing, the rest of the 12-month minimum is still due). We can also decline, pause or end any project or plan at any time, for any reason. If we end it for a reason that isn't your fault, we refund what you prepaid for work we haven't done. You own your content and, once paid, your custom design. Our liability is limited. Disputes go to individual arbitration or small claims court.
1. Who we work with
We provide services to businesses and to individuals. If you're an individual buying services mainly for personal, family or household purposes, you're a "Consumer". Nothing in this Agreement takes away any right a Consumer has under applicable law that can't be waived. Where a term below can't lawfully apply to a Consumer, it applies only to the extent the law allows.
2. Definitions
- "Order" means the quote, proposal, email, invoice or Payment Link describing the plan, Deliverables, Build Fee, Maintenance Fee and any minimum term. Each Order is governed by this Agreement.
- "Deliverables" means the website, app, designs and other work product described in an Order.
- "Build Fee" means the one-time fee for designing and developing the Deliverables.
- "Maintenance Plan" and "Maintenance Fee" mean the recurring hosting, maintenance and support service and its monthly or yearly fee.
- "Client Materials" means content you provide, such as text, logos, photos, trademarks, product data and account logins.
- "Ineffable Tools" means our pre-existing or independently developed code, components, templates, libraries, know-how and processes.
3. Quotes and pricing
3.1 Starting prices. Prices on our website ("from $…") are starting prices for simple projects. Your price depends on scope and is set in your Order. We're never required to provide services at a starting price.
3.2 Quotes. A quote is valid for 30 days unless it says otherwise. We may decline to quote or decline any project for any reason.
3.3 Scope changes. If the work you request changes or grows beyond your Order, we'll quote the change before doing it. Work outside the Order is a Change Request, billed at the price or hourly rate we quote before starting.
4. Services
4.1 Build. We'll design, develop and launch the Deliverables described in your Order. Unless the Order says otherwise, a build includes one design concept and up to two rounds of revisions.
4.2 Maintenance Plan. While your Maintenance Plan is active and paid, we'll provide the items described for your plan, which generally include: hosting on infrastructure we choose, SSL/TLS, uptime monitoring, routine backups where the platform supports them, security and software updates, and the monthly edit/support time included in your plan (unused time doesn't roll over). For apps, this includes updates needed to stay compatible with current major iOS/Android versions and store policies, within the plan's included time.
4.3 How we do the work. We decide the methods, tools, platforms, hosting providers and staffing used to perform the services, and we may use subcontractors. We remain responsible for their work under this Agreement.
4.4 Timelines. Timelines are good-faith estimates, not guarantees, and depend on you providing Client Materials and feedback promptly. If you're unresponsive for 30 days during a build, we may treat the build as complete, launch what's done, or end the project under Section 8.
5. Fees, payment, automatic renewal and cancellation
5.1 Build Fee. The Build Fee is due in full before work begins, unless your Order sets a different schedule. Except as stated in Sections 7 and 8, Build Fees are non-refundable once design work has started.
5.2 Billing options and automatic renewal. You choose at checkout to pay for your Maintenance Plan monthly or yearly (yearly is discounted). Your plan starts on the date in your Order (or at checkout) and automatically renews every month or year, at the price shown at checkout, and we charge your payment method at the start of each period until you cancel. We'll tell you about the renewal terms before you buy and confirm them afterward, and for yearly plans we'll send a reminder before each renewal.
5.2A 12-month minimum term. Unless your Order says otherwise, every Maintenance Plan has an initial minimum term of 12 months from its start date. Our build fees are priced below cost on the basis that they're recovered over this first year. A yearly plan satisfies the minimum term with its first payment. On a monthly plan, after 12 months the plan continues month to month.
5.3 How you cancel. You can cancel your Maintenance Plan at any time by emailing colel@ineffable-ventures.com or through the online billing portal link in your receipts. Cancellation takes effect at the end of the current paid period, and services continue until then. We don't refund partial periods except where required by law or Section 7. If you cancel a monthly plan before its 12-month minimum term ends, the Maintenance Fees for the remaining months of the minimum term become due, and we may invoice or charge them. We may choose to waive this. This charge doesn't apply if we end your plan under Section 7.2.
5.4 Price changes. We may change Maintenance Fees with at least 30 days' written notice. The new price applies from your next renewal after the notice period, and you can cancel before then.
5.5 Third-party costs. Unless your Order says otherwise, you pay third-party costs such as domain registration, premium plugins or fonts, paid APIs, email services, and Apple App Store ($99/year) and Google Play developer fees.
5.6 Payments and taxes. Payments are processed by Stripe, Inc. We don't store full card numbers. Fees exclude taxes. You pay applicable sales, use or similar taxes.
5.7 Late payment and suspension. If a payment fails and isn't fixed within 7 days of our notice, we may suspend hosting and services until it's paid. Overdue amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower, and you'll reimburse reasonable collection costs where the law allows.
5.8 Billing disputes. If you think a charge is wrong, contact us first at colel@ineffable-ventures.com so we can fix it. Filing a payment dispute (chargeback) for services you received and used, without first contacting us, is a breach of this Agreement, and we may suspend services while the dispute is open.
6. Your responsibilities and acceptable use
You will: (a) provide accurate Client Materials and timely feedback; (b) have all rights needed for us to use Client Materials (including photos, fonts and trademarks you give us); (c) make sure the content of your site or app, including claims, prices, privacy notices and any legally required notices for your business, complies with the law; (d) keep credentials we give you secure; and (e) treat our team respectfully.
You won't use the Deliverables or our services for anything unlawful, infringing, deceptive, fraudulent, defamatory, hateful, harassing, sexually explicit, or harmful to others, or that violates our hosting providers' policies. We may refuse to publish, or may remove, any content that we reasonably believe breaks this section, and may suspend services immediately if needed to address it.
7. Our right to decline, pause or end work, at any time, for any reason
7.1 Our right. We may decline any project, and we may pause, stop or terminate any project, Order or Maintenance Plan at any time, for any reason or no reason, by giving you notice (email is enough).
7.2 If we end things for our own reasons (not because of your breach): (a) we'll refund the prepaid fees for work not yet performed, meaning a fair, pro-rated portion of the Build Fee for work not yet done and any prepaid Maintenance Fees for periods not yet started or not yet completed; (b) on request, we'll deliver the work completed so far and help you move your site or app to another provider under Section 11; and (c) that refund and handover is our only obligation to you for ending the work, to the maximum extent allowed by law.
7.3 If we end things because of you, for example for non-payment, a breach of Section 6, abusive conduct toward our team, a chargeback under Section 5.8, or any other material breach: no refund is due for work already performed or periods already started, and amounts you owe remain due.
7.4 Suspension. We may suspend services immediately, without prior notice, if required by law, to address a security risk, for non-payment, or for a breach of Section 6.
8. Your right to end a build
You can cancel a build at any time by notice. If you cancel before design work starts, we'll refund the Build Fee minus any non-refundable third-party costs we've already paid for you. After design work starts, fees paid aren't refundable, and on request we'll deliver the work completed so far once all amounts due are paid.
9. Ownership and licenses
9.1 Your content. You keep all rights to Client Materials and give us a license to use them to provide the services.
9.2 Deliverables. When we've received full payment of the Build Fee, we assign to you our rights in the custom design and custom content we created specifically for you, excluding Ineffable Tools and Third-Party Components.
9.3 Ineffable Tools. We keep all rights in Ineffable Tools. Where they're part of your Deliverables, you get a perpetual, non-exclusive, royalty-free license to use them as part of your Deliverables only.
9.4 Third-Party Components. Open-source software, fonts, stock media, plugins and platforms (for example hosting providers, the App Store, Google Play and Stripe) are governed by their own licenses and terms, which you agree to follow.
9.5 Domains and accounts. Domain names should be registered in your name. If we register or manage a domain, app-store listing or other account for you, we do so as your agent and will transfer it to you on request once all amounts due are paid.
9.6 Portfolio. Unless you opt out in writing, we may show the Deliverables, and for business clients your business name and logo, in our portfolio and marketing. We won't publicly identify individual Consumer clients by name without permission.
10. Hosting and service levels
We aim for high availability but don't guarantee uninterrupted or error-free service. Downtime can happen because of maintenance, third-party outages, attacks or events outside our control. Backups are a convenience, not a guarantee. Keep your own copies of important content.
11. Off-boarding
When a Maintenance Plan or project ends, and if all amounts due are paid, we'll on request within 30 days provide an export of your website files and content in a commonly used format (or transfer app source code and store listings we control for you), and help point your domain elsewhere. Platform-specific features may not be portable. Migration help beyond a basic export is a Change Request. After 30 days we may delete hosted copies.
12. Confidentiality and data
Each party will protect the other's non-public information with reasonable care and use it only for this Agreement. This doesn't cover information that's public, already known, independently developed, lawfully received from someone else, or required to be disclosed by law. If your site or app collects personal information from your customers or users, you're responsible for that data and your own privacy notices, and we process it only to provide the services, with reasonable security. Our Privacy Policy explains how we handle your information.
13. Warranties and disclaimers
We'll perform the services in a professional and workmanlike manner. If a Deliverable has a material defect that you report within 30 days of launch, we'll fix it at no charge, and that's your exclusive remedy for defects. Otherwise, to the maximum extent allowed by law, the services and Deliverables are provided "as is," and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee search rankings, traffic, sales, revenue or app-store approval.
14. Limitation of liability
To the maximum extent allowed by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and (b) our total liability arising out of or relating to this Agreement or the services is limited to the fees you paid us in the 6 months before the event giving rise to the claim. These limits don't apply to your payment obligations, your indemnity obligations, or liability that can't be limited by law.
15. Indemnification
You'll defend and indemnify us, our members, employees and contractors against third-party claims arising from Client Materials, your products, services or content, your use of the Deliverables, or your breach of this Agreement or the law. Consumers have this obligation only to the extent allowed by law.
16. Disputes: informal resolution, arbitration and class-action waiver
16.1 Talk to us first. Before starting any claim, the party with a dispute will email a written description to the other, and both will try in good faith to resolve it for 30 days.
16.2 Binding individual arbitration. If it isn't resolved, any dispute arising out of or relating to this Agreement or the services will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Commercial Arbitration Rules (or its Consumer Arbitration Rules if you're a Consumer), in Hennepin County, Minnesota, or by video conference. Judgment on the award may be entered in any court with jurisdiction.
16.3 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction in court to protect intellectual property or confidential information.
16.4 Class-action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. If this waiver is found unenforceable for a claim, that claim (and only that claim) will go to the courts in Section 17.
16.5 Opt-out. You may opt out of arbitration by emailing colel@ineffable-ventures.com within 30 days after first accepting this Agreement.
17. General
Governing law and courts. This Agreement is governed by the laws of the State of Minnesota, without regard to conflict-of-law rules. Subject to Section 16, the state and federal courts in Hennepin County, Minnesota have exclusive jurisdiction.
Independent contractors. We're independent contractors. Nothing here creates a partnership, employment or agency relationship (except the limited agency in Section 9.5).
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control (except payment obligations).
Assignment. You may not assign this Agreement without our written consent. We may assign it to an affiliate or a successor in a merger, acquisition or sale of assets.
Notices. Notices must be in writing and may be sent by email: to us at colel@ineffable-ventures.com, and to you at the email on your Order or billing account.
Electronic acceptance. Electronic acceptance, including payment through a Payment Link that references this Agreement, is as binding as a handwritten signature.
Changes to this Agreement. We may update this Agreement by posting a new version. Changes apply to new Orders and, with at least 30 days' notice, to renewals. If you don't agree to a change, you can cancel before it takes effect.
Entire agreement; precedence. This Agreement and each Order are the entire agreement on their subject. If they conflict, the Order controls for that Order only. Any other change must be in writing signed or emailed by us.
Severability; waiver; survival. If any term is unenforceable, it's limited to the minimum extent necessary and the rest stays in effect. Not enforcing a term isn't a waiver. Sections 5 (amounts due), 7.2–7.3, 9, 12–16 and 17 survive termination.
Ineffable Ventures, LLC · 400 S 4th St Ste 410 PMB 93245, Minneapolis, MN 55415 · colel@ineffable-ventures.com