Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the websites, branding, and related services (the “Services”) provided by Koffeeshot Consulting, a sole proprietorship owned and operated by Erik Warren (“Koffeeshot Consulting,” “we,” “us,” or “our”). By purchasing, accessing, or using the Services, or by using koffeeshotconsulting.com or ph.koffeeshotconsulting.com (together, the “Site”), you (“Client,” “you”) agree to be bound by these Terms. If you do not agree, do not use the Services or the Site.

2. Description of Services

Koffeeshot Consulting provides website design, brand identity design, copywriting, hosting, and related digital services, offered through defined service tiers (currently Lite, Pro, Ultra, and Elite) as well as custom-scoped projects. Specific inclusions, one-time build fees, and recurring monthly fees for each tier are described on the Site at the time of purchase and in the applicable order or checkout confirmation, which is incorporated into these Terms by reference.

We reserve the right to modify, discontinue, or update the Services and their features at any time. Material changes to a Client's active project scope will be communicated directly to that Client.

3. Ordering, Accounts, and Eligibility

You must be at least 18 years old and have the legal authority to bind the business or entity on whose behalf you are purchasing Services. You are responsible for providing accurate business, contact, and billing information, and for keeping that information current.

4. Fees and Payment

All fees are processed through our third-party payment processor, Whop, and are stated in the currency shown at checkout (USD on the U.S. site, PHP on the Philippines site). By submitting payment, you authorize Whop to charge the payment method provided for the applicable one-time build fee and, where applicable, recurring monthly fees for hosting and support.

One-time build fees cover the design and build of your website and/or brand identity as scoped in your selected tier or custom agreement. Monthly fees, where applicable, cover hosting, SSL, uptime monitoring, and ongoing support for as long as the subscription remains active.

Refunds, cancellations, and application/reservation fees (including any limited-time application programs) are governed by our separate Return & Refund Policy, which is incorporated into these Terms by reference.

5. Client Responsibilities

You agree to provide timely feedback, content, brand assets, access credentials, and approvals reasonably necessary for us to perform the Services. Delays caused by incomplete or delayed Client input may extend project timelines and are not attributable to Koffeeshot Consulting.

You represent that any content, images, logos, trademarks, or other materials you supply to us for use in your project do not infringe the rights of any third party, and you agree to indemnify us against claims arising from materials you provide.

6. Intellectual Property and Ownership

Upon full payment of the applicable one-time build fee, you own the final website content, brand identity assets (logo files, color and type specifications, and similar deliverables), and copywriting created specifically for your project.

Koffeeshot Consulting retains ownership of its own pre-existing tools, frameworks, reusable code components, design systems, and internal templates used to build your project. Your use of any such underlying reusable components delivered as part of your website is governed by our End User License Agreement (EULA), incorporated into these Terms by reference. Nothing in these Terms transfers ownership of Koffeeshot Consulting's underlying frameworks or reusable systems to any Client.

7. Confidentiality

Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with the Services, and to use such information solely to perform or receive the Services.

8. Term, Cancellation, and Termination

Monthly hosting and support subscriptions may be canceled at any time through your Whop account. A grace period (currently five days from cancellation) applies before your site is taken offline, as described at checkout and on the Site. Cancellation of a monthly subscription does not entitle you to a refund of any one-time build fee already paid.

We may suspend or terminate Services if fees are unpaid, if you breach these Terms, or if continued performance becomes impractical or unlawful. We will make reasonable efforts to notify you before suspension where practical.

9. Disclaimer of Warranties

The Services and Site are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that any specific business result (including traffic, leads, or revenue) will result from use of the Services.

10. Limitation of Liability

To the maximum extent permitted by law, Koffeeshot Consulting and Erik Warren shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or related to the Services or these Terms. Our total aggregate liability for any claim arising out of the Services shall not exceed the total fees paid by you to us in the six (6) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Koffeeshot Consulting and Erik Warren from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Services, or content you provide that infringes a third party's rights.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state or federal courts located in Arizona, and each party consents to personal jurisdiction and venue there.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on the Site with an updated effective date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

14. Notices and Contact

Legal notices under these Terms should be sent to legal@koffeeshotconsulting.com. General inquiries can be directed to hello@koffeeshotconsulting.com.