These Terms & Conditions (“Terms”) are an agreement between you and Digital Soufflé (“Digital Soufflé,” “we,” “us,” or “our”). By accessing or using our website or other online experiences that link to these Terms, you agree to these Terms. If you do not agree, do not use the applicable website or service.
1. Acceptance of These Terms
Your access to and use of our website is conditioned on compliance with these Terms and applicable law. These Terms apply to visitors, prospective clients, clients where incorporated by reference, assessment participants, booking users, and other persons who access services or resources that link to these Terms.
Our Privacy Policy explains how we handle personal information and is incorporated by reference where applicable.
2. Eligibility and Authority
You represent that you have legal capacity to agree to these Terms. If you use the website or engage with us on behalf of a company, organization, or other entity, you represent that you have authority to act on that entity’s behalf.
Our general website is intended for persons who can lawfully enter into agreements. It is not directed to children under 13.
3. Scope of the Website
The Digital Soufflé website may provide information about business systems, branding, websites, lead flow, conversion, operations, automation, artificial intelligence, creative services, photography, print, signage, growth systems, and related capabilities.
Website content is provided for general informational and promotional purposes. It does not, by itself, create a client relationship, professional advisory relationship, fiduciary duty, partnership, joint venture, employment relationship, or guarantee that Digital Soufflé will accept a project.
4. Services and Separate Agreements
Specific projects or ongoing services may be governed by a proposal, statement of work, order form, invoice, subscription terms, service agreement, change order, licensing agreement, or other written agreement (“Service Agreement”).
If a signed or otherwise valid Service Agreement conflicts with these website Terms, the Service Agreement controls for the specific services covered by that agreement, unless the Service Agreement expressly states otherwise.
Scope, deliverables, revisions, responsibilities, fees, payment schedules, cancellation rights, refund terms, intellectual-property ownership, licensing, maintenance, support, and project-specific obligations may vary and should be stated in the applicable Service Agreement.
5. Business Recipe Assessment and Recipe Reviews
Assessment
The Business Recipe Assessment is a diagnostic and educational tool intended to help identify areas that may deserve further attention. Scores, category results, “Next Right Ingredient” outputs, and related recommendations are based on submitted responses and the methodology used at the time.
Assessment outputs are not guarantees, audits, valuations, legal advice, accounting advice, tax advice, investment advice, or promises of business performance.
Business Recipe Reviews
A Business Recipe Review is a focused discussion intended to add context to assessment results or business concerns. A review does not obligate either party to enter into a paid engagement.
A score may identify where to look; it does not establish that a specific service, technology, automation, or investment is appropriate without additional context.
6. Proposals, Pricing, Payment, Cancellations, and Refunds
Proposals and Quotes
Pricing, estimates, quotes, and proposals may be time-limited and are subject to the scope, assumptions, exclusions, and validity period stated in the applicable document. Unless expressly stated otherwise, a website description is not a binding offer to perform services at a particular price.
Payment
Payment amounts, deposits, milestones, recurring charges, due dates, late-payment consequences, taxes, expenses, and accepted payment methods are governed by the applicable Service Agreement, invoice, checkout terms, or other written terms presented for the transaction.
Cancellations and Refunds
Cancellation, rescheduling, credit, and refund rights vary by service and are governed by the applicable Service Agreement or transaction-specific terms. These website Terms do not create a blanket right to a refund, and they do not eliminate any non-waivable rights provided by applicable law.
7. Client and User Responsibilities
When interacting with us or receiving services, you agree to:
- Provide information that is accurate to the best of your knowledge.
- Respond to reasonable requests for decisions, approvals, access, content, credentials, feedback, and other dependencies.
- Maintain appropriate backups of materials and data you are responsible for controlling.
- Obtain necessary rights, permissions, licenses, releases, and consents for materials you provide.
- Review deliverables, proofs, configurations, automation logic, factual claims, legal disclosures, and other materials within any agreed review period.
- Use deliverables, platforms, and services lawfully and in accordance with applicable third-party terms.
- Protect account credentials and promptly report suspected unauthorized access.
Delays, inaccuracies, or additional work caused by missing materials, late approvals, incomplete access, changed requirements, or inaccurate information may affect schedule, scope, cost, or results.
8. Timelines, Estimates, Dependencies, and Changes
Project schedules, launch dates, delivery estimates, turnaround times, production windows, and implementation timelines are estimates unless expressly guaranteed in a written Service Agreement.
Timing may be affected by client approvals, third-party vendors, platform outages, shipping, production, permitting, installation conditions, credential access, data availability, integration behavior, API changes, review cycles, scope changes, and events outside reasonable control.
Requests outside agreed scope may require a change order, revised estimate, additional fees, or an updated timeline.
9. Intellectual Property
Digital Soufflé Website and Materials
Unless otherwise stated, the website and its original content, branding, design systems, copy, graphics, methodologies, templates, code, documentation, workflows, and other materials are owned by or licensed to Digital Soufflé and are protected by applicable intellectual-property laws.
You may use the website for lawful personal or internal business evaluation purposes. You may not reproduce, publish, sell, sublicense, scrape, distribute, reverse engineer, or create derivative works from protected materials except as authorized in writing or permitted by law.
Project Deliverables
Ownership and licensing of project deliverables are governed by the applicable Service Agreement. These website Terms do not, by themselves, transfer ownership of custom deliverables, source files, code, templates, pre-existing materials, third-party assets, fonts, stock media, software, automations, frameworks, or platform components.
Pre-Existing and Reusable Materials
Unless a Service Agreement states otherwise, each party retains rights in materials it owned or developed independently of the specific engagement. Digital Soufflé may use general skills, know-how, methods, concepts, frameworks, and non-confidential reusable components developed or improved through its work, subject to confidentiality and intellectual-property obligations.
10. User Materials, Feedback, and Submitted Content
You retain whatever rights you lawfully hold in materials you submit to us. By providing content, data, images, logos, copy, files, credentials, instructions, or other materials for a requested purpose, you grant us a limited right to access, host, copy, modify, transmit, and otherwise process those materials as reasonably necessary to evaluate an inquiry, provide requested services, operate systems, or fulfill the applicable engagement.
You represent that you have sufficient rights and permissions to provide those materials for the intended use and that our authorized use will not knowingly violate third-party rights.
If you voluntarily provide general feedback, suggestions, or ideas about our website or services without a separate confidentiality obligation, we may use that feedback to improve our business without an obligation to compensate you, provided we do not improperly use your confidential information.
11. Acceptable Use
You may not use our website, forms, systems, or services to:
- Violate applicable law or the rights of others.
- Submit content you do not have a lawful right to use.
- Introduce malware, malicious code, destructive payloads, or harmful automation.
- Probe, scan, exploit, bypass, or interfere with security or access controls.
- Impersonate another person or misrepresent affiliation or authority.
- Send unlawful spam, fraudulent messages, deceptive campaigns, or communications without required consent.
- Scrape, harvest, or collect information through unauthorized means.
- Use our services to facilitate infringement, fraud, abuse, harassment, discrimination, or other unlawful conduct.
- Attempt to gain unauthorized access to accounts, systems, APIs, data, or third-party services.
We may refuse, suspend, or terminate access where we reasonably believe use creates legal, security, operational, reputational, or third-party risk.
12. Third-Party Platforms, Services, and Dependencies
Our website and services may use or integrate third-party products and platforms, including hosting, CRM, scheduling, communications, payment, analytics, advertising, AI, cloud, API, social media, print, production, shipping, and other providers.
Third-party services are governed by their own terms, policies, pricing, availability, functionality, and technical limitations. We do not control third-party outages, product changes, API changes, account suspensions, pricing changes, policy changes, deprecations, delivery delays, or security events.
Unless expressly agreed in writing, Digital Soufflé is not responsible for the independent acts or omissions of third-party providers. You are responsible for complying with third-party terms applicable to accounts and services you control.
13. Artificial Intelligence and Automation
Some services may use artificial intelligence, machine learning, rules-based automation, workflow engines, integrations, or third-party AI tools to assist with drafting, analysis, routing, content, customer interactions, operational processes, or other tasks.
AI-generated or AI-assisted outputs may contain errors, omissions, outdated information, bias, or unexpected results. You remain responsible for appropriate human review before relying on outputs for consequential decisions, public claims, regulated activities, legal matters, financial matters, health matters, safety-critical actions, or other high-risk uses.
Automation behavior can be affected by data quality, triggers, permissions, third-party systems, API behavior, user actions, platform changes, and configuration. Testing reduces risk but does not guarantee error-free operation.
The availability of an AI or automation capability does not mean it is appropriate for every business process, customer interaction, or legal context.
14. Email, Telephone, and Text Communications
By providing contact information, you authorize us to respond to your inquiry and send service-related or administrative communications reasonably connected to the interaction.
Marketing communications are subject to applicable law and your communication choices. You may unsubscribe from marketing email using the available unsubscribe mechanism.
Where you separately opt in to text messaging, message frequency may vary and message and data rates may apply. Consent to receive marketing text messages is not a condition of purchase. You may opt out using instructions provided in the message, such as replying STOP where supported.
Our handling of mobile information and SMS consent data is described in our Privacy Policy.
15. No Guaranteed Business, Marketing, Revenue, or Technology Results
Business outcomes depend on many factors outside our control, including offer quality, pricing, market conditions, competition, staffing, budgets, customer behavior, implementation, sales execution, data quality, platform behavior, client decisions, and timing.
Unless expressly stated in a signed Service Agreement, we do not guarantee specific revenue, profit, lead volume, conversion rate, ranking, traffic level, advertising result, enrollment level, automation savings, AI accuracy, cost reduction, or other business outcome.
Case studies, examples, estimates, illustrations, projections, and past results are not guarantees of future performance.
16. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND GENERAL ONLINE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.
We do not warrant that the website will be uninterrupted, error-free, secure, free of harmful components, or that all information will always be complete, current, or accurate.
Nothing in these Terms excludes or limits rights or remedies that cannot legally be excluded or limited.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL SOUFFLÉ AND ITS OWNERS, PERSONNEL, CONTRACTORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FOR CLAIMS ARISING SOLELY FROM USE OF THE PUBLIC WEBSITE AND NOT FROM A SEPARATE PAID SERVICE AGREEMENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, FOR THE SPECIFIC WEBSITE-BASED SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
Liability relating to paid projects may be governed by the applicable Service Agreement. Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you.
18. Indemnification
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Digital Soufflé and its owners, personnel, contractors, and representatives from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from:
- Your unlawful use of the website or services.
- Your material breach of these Terms.
- Materials you provide without sufficient rights or permissions.
- Your violation of third-party rights.
- Your fraud, willful misconduct, or unlawful activity.
This section does not require indemnification to the extent a claim results from conduct for which indemnification cannot lawfully be required.
19. Suspension, Refusal, and Termination
We may suspend, restrict, or terminate access to the website or refuse an inquiry or prospective engagement when reasonably necessary to address suspected misuse, legal risk, security concerns, nonpayment under an applicable agreement, abusive conduct, conflicts, sanctions concerns, third-party restrictions, or other legitimate business reasons.
Termination of a paid service relationship is governed by the applicable Service Agreement. Provisions that by their nature should survive termination may remain in effect, including provisions concerning intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, and dispute terms.
20. Governing Law and Disputes
These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.
Unless a separate Service Agreement provides a different valid dispute process or venue, disputes arising from these website Terms will be brought in a court of competent jurisdiction located in Indiana, subject to applicable law and jurisdictional requirements.
These website Terms do not impose a mandatory arbitration clause or class-action waiver. A separate Service Agreement may address dispute resolution for a specific engagement.
21. Changes to These Terms
We may update these Terms from time to time to reflect changes in our website, services, technology, business practices, or legal obligations.
When we update the Terms, we will revise the “Last Updated” date above. Changes apply prospectively from the effective date unless applicable law or a separate agreement provides otherwise.
Material changes to an ongoing paid engagement are governed by the applicable Service Agreement and cannot be imposed merely by silently changing these public website Terms where doing so would be inconsistent with applicable law or the parties’ agreement.
22. General Terms
23. Contact Us
Questions about these Terms may be submitted through our Contact page.
Questions About These Terms?
Use the contact form and clearly identify your message as a “Terms Question” or “Legal Notice,” as applicable.
Contact Digital Soufflé
Digital Soufflé
Indianapolis, Indiana, United States