Terms of Service

Effective Date:January 1, 2024

These Terms of Service (“Terms”) govern the provision of services by DANKBG (“Service Provider”), acting as an independent contractor, in connection with this website and related systems to any client (“Client”).

By receiving, paying for, or continuing to use the services after the Effective Date, Client agrees to be bound by these Terms.

1. Nature and Scope of Services

Service Provider provides technical consulting, infrastructure support, software development, system configuration, and system integration services only, strictly as requested by the Client.

• Service Provider does not act as a business partner, advisor, agent, or fiduciary.
• Service Provider does not make decisions on behalf of the Client.
• Service Provider does not assume operational, managerial, or supervisory control.

All decisions, implementations, and outcomes remain under the Client's sole authority and responsibility.

2. No Legal, Regulatory, or Business Advice

Service Provider does not provide legal, financial, tax, accounting, regulatory, compliance, or industry-specific advisory services.

Client is solely responsible for:

• Compliance with all applicable laws and regulations
• Platform, hosting, and third-party service policies
• Business, operational, and commercial decisions
• Review and approval of all configurations and outputs

3. Client Content - No Ownership or Responsibility

All data, text, images, videos, media, configurations, credentials, and other materials ("Client Content") are owned and controlled exclusively by the Client or its licensors.

• Service Provider does not own Client Content.
• Service Provider does not create or publish Client Content as a content owner.
• Service Provider does not review, approve, monitor, or validate Client Content.
• Service Provider assumes no responsibility for the legality, accuracy, compliance, or use of Client Content.

Client bears full responsibility for Client Content and its consequences.

4. Third-Party Services and Systems

Services may involve third-party platforms, hosting providers, APIs, software, or infrastructure.

• Service Provider does not control third-party systems.
• Service Provider is not responsible for outages, changes, pricing, security incidents, data loss, or policy enforcement by third parties.

All third-party services are used at Client's sole risk.

5. Acceptance by Conduct; Superseding Effect

• These Terms apply to all services provided on or after the Effective Date.
• These Terms supersede all prior oral or informal understandings.
• These Terms are accepted through continued use of services or payment of invoices.

No signature is required for enforceability.

6. Fees and Payment

Fees are as invoiced. Payment of an invoice constitutes acceptance of these Terms for the services covered by that invoice.

7. Limitation of Liability

To the maximum extent permitted by law:

• Service Provider shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of revenue, profits, data, or business interruption.
• Total cumulative liability, if any, shall be strictly limited to the fees actually paid by Client for the specific services giving rise to the claim.

This limitation applies regardless of theory of liability.

8. Indemnification

Client shall indemnify, defend, and hold harmless Service Provider from any claims, damages, losses, penalties, fines, or expenses (including legal fees) arising from:

• Client Content
• Client's use of services
• Client's instructions or decisions
• Violations of law, regulation, or third-party rights

9. No Guarantees; Best-Effort Services

All services are provided on a best-effort basis. No warranties or guarantees are made regarding outcomes, performance, availability, or fitness for a particular purpose.

10. Termination

Either party may terminate services at any time. Upon termination, Client remains responsible for payment of all services rendered up to the termination date.

11. Governing Law and Venue

These Terms shall be governed exclusively by the laws of the State of Washington, without regard to conflict-of-law principles.

Any dispute shall be brought exclusively in the state or federal courts located in King County, Washington, and the parties consent to personal jurisdiction therein.

12. Force Majeure

Service Provider shall not be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to outages, natural disasters, acts of government, labor disputes, or third-party service failures.

13. Severability

If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.