Terms of Service
Last updated: December 30, 2025
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you”) and HOME Digital (“we,” “us,” “our”). By engaging our services, you agree to be bound by these Terms.
1. Services and Entire Agreement
All services will be defined in a formal Statement of Work (“SOW”) signed by both parties. The SOW will detail the project scope, deliverables, timelines, and fees. This Agreement, combined with the corresponding SOW, constitutes the entire agreement between the parties and supersedes all prior proposals, understandings, and communications. The Client acknowledges that it has not relied on any statement or promise not explicitly stated in the SOW.
Changes in Scope: Any work requested by the Client that falls outside the scope of the executed SOW (“Scope Creep”) will be considered an amendment. Such changes will require a written change order detailing the additional work, timelines, and fees before work can proceed.
2. Fees, Payment, and Refund Policy
Fees: All fees will be outlined in the corresponding SOW.
Deposit: A non-refundable 50% deposit of the total project fee is required before any work commences. This deposit secures your project in our schedule and covers initial project discovery, setup, and resource allocation.
Final Payment & Delivery: All remaining fees and any outstanding balances must be paid in full prior to the final transfer of assets, deployment of the completed project, or delivery of final reports. We will not release final work, source code, or account access until the final payment has cleared.
No Refunds: Due to the custom nature of our services and the significant resources allocated to each project, all payments, including the initial deposit, are non-refundable. Once a project has commenced, we cannot offer refunds. By paying the deposit, the Client acknowledges and agrees to this no-refund policy.
Late Payments: Invoices are due upon receipt. Payments not made within fifteen (15) days of the invoice date will incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend all work and withhold deliverables until the full balance is paid.
3. Client Responsibilities
Client Content & Access: The Client must provide all necessary data, content, and access to third-party accounts and systems (“Client Content”) in a timely manner.
Accuracy of Data: We are not responsible for the accuracy or completeness of Client Content. The performance and accuracy of any dashboard or AI agent are directly dependent on the quality of the data provided by the Client. “Garbage in, garbage out.”
Timely Feedback: Project timelines are dependent on the Client's timely feedback. Delays in providing feedback or approvals may result in adjustments to the project timeline and may incur additional costs.
4. Intellectual Property Rights
Client Ownership: Upon receipt of full and final payment, the Client will own the specific, custom-built software and assets delivered as the “Final Deliverables.”
Our Pre-existing IP: We retain full ownership of all pre-existing technology, proprietary code, libraries, tools, and processes used to create the Final Deliverables (“Our Technology”). The Client is granted a non-exclusive, perpetual license to use Our Technology solely as it is integrated within the Final Deliverables.
Retained Knowledge: Notwithstanding Client's ownership of the Final Deliverables, we retain the right to (a) retain archival copies of all work product, and (b) use any general knowledge, skills, techniques, concepts, ideas, and know-how acquired or developed during performance of services for other clients and business ventures. This retained knowledge does not include Client's confidential information, trade secrets, or proprietary business data.
5. Client Data and Compliance
The Client is solely responsible for ensuring that all data provided to us (“Client Content”) complies with all applicable laws and regulations, including but not limited to the Florida Digital Bill of Rights and other data privacy laws. The Client warrants that it has obtained all necessary consents to provide us with the Client Content for the purpose of performing the services.
6. Warranties and Disclaimers
Limited Warranty: We provide a thirty (30) day warranty period following final delivery, during which we will correct any bugs or defects that cause the Development Services to not function in accordance with the SOW. This warranty does not cover issues caused by changes to third-party services or modifications made by the Client.
“AS IS” SERVICE: EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, ALL SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AI Outputs Disclaimer: The Client acknowledges that AI systems can produce unintended, inaccurate, or erroneous outputs. The Client is solely responsible for reviewing, validating, and using any outputs generated by the AI tools we build. We are not liable for any business decisions, actions, or consequences resulting from the Client's use of these tools.
Third-Party Services Disclaimer: Our services may rely on third-party platforms and APIs (e.g., Google Analytics, CRM software, social media platforms). We are not responsible for any issues, downtime, or cessations of service from these third parties, or for any changes they make to their platforms that may affect our work.
No Guarantees of Results: We do not guarantee any specific business outcomes, increase in profits, or return on investment (ROI) from our services.
7. Limitation of Liability
IN NO EVENT SHALL HOME DIGITAL, ITS OWNERS, OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND ANY SOW, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT FOR THE SPECIFIC SOW IN QUESTION.
8. Term and Termination
Either party may terminate an SOW with thirty (30) days' written notice. In the event of termination by the Client, the Client is responsible for paying for all work completed up to the date of termination, at our standard hourly rate, in addition to the non-refundable deposit.
9. Portfolio Rights
The Client agrees that we may showcase the completed work in our portfolio, website, and other marketing materials. We will respect any written requests to keep specific proprietary or confidential information private.
10. Governing Law, Jurisdiction, and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The parties agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Seminole County, Florida. The parties hereby consent to the exclusive jurisdiction and venue of such courts.
11. Indemnification
Client Indemnification: The Client agrees to indemnify, defend, and hold harmless HOME Digital, its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising out of: (a) the Client's breach of these Terms or any SOW; (b) the Client's use of the deliverables; (c) any claim that Client Content infringes the rights of a third party; or (d) the Client's violation of any applicable law.
Our Indemnification: We agree to indemnify, defend, and hold harmless the Client from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising out of any claim that Our Technology, as delivered to the Client, infringes the intellectual property rights of a third party, provided that the Client promptly notifies us of any such claim and allows us to control the defense.
12. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms or any SOW due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of government, pandemics, epidemics, labor disputes, failures of third-party services or infrastructure, or internet or power outages. The affected party shall promptly notify the other party of the force majeure event and its expected duration.
13. Independent Contractor
HOME Digital is an independent contractor, and nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. We are solely responsible for our own taxes, insurance, and compliance with applicable employment laws.
14. General Provisions
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: The Client may not assign or transfer these Terms or any SOW without our prior written consent.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page.
16. Contact Us
If you have any questions about these Terms, please contact us at: