Terms of Service
Last Updated: August 11, 2025
1) Who We Are
These Terms of Service (the “Terms”) govern your access to and use of the website at poolpatiodigital.com and any related subdomains, content, and services (collectively, the “Site”), which are provided by Chili Pepper Design, LLC d/b/a Pool & Patio Digital (referred to as “Pool & Patio Digital,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
Note on trade name. Pool & Patio Digital is a registered trade name/DBA of Chili Pepper Design, LLC, the contracting party for all purposes under these Terms.
2) Privacy
Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and share information. Please review it carefully.
3) Changes to the Terms
We may update these Terms from time to time. The “Last Updated” date indicates the most recent changes. Material changes will be effective when posted on the Site unless otherwise stated. Your continued use of the Site after changes become effective constitutes acceptance of the updated Terms.
4) Eligibility and Use of the Site
You must be at least the age of majority in your jurisdiction to use the Site. You agree to use the Site only for lawful purposes and in accordance with these Terms and all applicable laws.
5) Accounts; Security
Certain areas of the Site or certain services may require an account. You agree to provide accurate information, keep your credentials confidential, and notify us promptly of any unauthorized access to your account. You are responsible for all activities under your account.
6) Quotes, Orders, and Service Engagements
From time to time, you may purchase or subscribe to services (e.g., website design, hosting & care plans, SEO, Google Business Profile optimization, review management, advertising management, or other marketing services) (collectively, the “Services”). Services may be governed by additional terms, a separate master services agreement, order form, or statement of work (each, an “Order”). If there is a conflict between an Order and these Terms, the Order controls for that Service.
7) Fees, Billing, and Renewals
7.1 Fees and Taxes. You agree to pay all fees for the Services as described in the applicable Order. Fees are exclusive of taxes; you are responsible for any applicable taxes.
7.2 Recurring Services. Certain Services (e.g., care plans, hosting, subscriptions) renew automatically at the then-current rates at the end of each billing term unless you cancel before the renewal date as stated in your Order.
7.3 Invoices; Late Payments. Unless otherwise stated in an Order, invoices are due upon receipt. Past-due balances may accrue a late fee of 1.5% per month (or the maximum allowed by law, if lower). We may suspend Services for non-payment after reasonable notice.
7.4 Refunds. Except as expressly provided in an Order or required by law, all fees are nonrefundable.
8) Client Responsibilities (for Services)
You are responsible for: (a) timely approvals and providing accurate content, assets, and access we reasonably need; (b) ensuring you have rights to all content you supply; (c) complying with applicable laws (e.g., advertising rules, TCPA, CAN-SPAM, FTC guidelines) and third‑party platform policies (e.g., Google, Meta). You acknowledge that results depend on many factors outside our control (competition, budgets, market conditions, algorithm changes, seasonality, etc.).
9) Intellectual Property and License
9.1 Our Materials. We (and our licensors) retain all rights, title, and interest in and to our pre‑existing materials, processes, software, tools, templates, and know‑how used to deliver the Services (the “Background IP”). To the extent any Background IP is included in deliverables, we grant you a non‑exclusive, worldwide, royalty‑free license to use it solely as embedded in those deliverables, for your internal business purposes.
9.2 Deliverables. Upon full payment, you receive the rights specified in your Order to the final deliverables created specifically for you (e.g., website designs, copywriting). Stock media, fonts, code libraries, plugins, and other third‑party components are subject to their own licenses and are not sold.
9.3 Portfolio Rights. You grant us permission to display your project name, logo, trademarks, screenshots, and non‑confidential results in our portfolio, case studies, and marketing materials. You may revoke this permission by written notice for future uses.
9.4 Your Content. You grant us a non‑exclusive, worldwide license to host, reproduce, modify, and display your content solely as necessary to provide the Services and operate the Site.
10) Third‑Party Services and Platforms
The Site and Services may reference or integrate third‑party products and platforms (e.g., Google Ads, Google Business Profile, Meta, hosting providers, analytics tools, AI tools). We do not control these third parties and are not responsible for their acts, omissions, terms, or policies. Your use of third‑party services is governed by those providers’ terms.
11) Website Care, Hosting, and Availability (if applicable)
Where we provide hosting or care services, you acknowledge that (a) the internet and third‑party infrastructure involve inherent risks and downtime; (b) we may schedule maintenance windows; (c) backups are performed as described in your Order; and (d) security measures reduce but do not eliminate risk. We are not liable for outages or data loss caused by third parties, force majeure, or your actions.
12) Acceptable Use
You agree not to: (a) misuse the Site or Services; (b) interfere with or disrupt the Site; (c) attempt to gain unauthorized access; (d) use the Site to transmit malware or infringing/illegal content; (e) reverse engineer or copy the Site except as allowed by law; or (f) use the Site in violation of any applicable law or third‑party rights.
13) Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR PRODUCE ANY PARTICULAR BUSINESS RESULTS.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE AND SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, OR $500 FOR CLAIMS RELATING ONLY TO FREE SITE ACCESS—WHICHEVER IS GREATER.
15) Indemnification
You agree to defend, indemnify, and hold harmless Chili Pepper Design, LLC d/b/a Pool & Patio Digital and our affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your content; (b) your use of the Site or Services; (c) your breach of these Terms; or (d) your violation of law or third‑party rights.
16) Term; Suspension; Termination
We may suspend or terminate your access to the Site at any time for any reason. Orders for Services may be terminated as specified in the applicable Order. Upon termination, provisions that by their nature should survive (e.g., fees owed, IP rights, confidentiality, disclaimers, limitations of liability, indemnities, and governing law) will survive.
17) Governing Law; Venue
These Terms are governed by the laws of the State of Maryland, without regard to conflicts of law principles. You agree to the exclusive jurisdiction and venue of the state courts located in Anne Arundel County, Maryland and the federal courts located in the State of Maryland for all disputes arising out of or relating to these Terms or the Site/Services.
18) Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, internet or utility failures, supply‑chain issues, governmental actions, wars, pandemics, or other force majeure events.
19) Miscellaneous
Entire Agreement. These Terms, together with any Orders or policies referenced herein (e.g., Privacy Policy), constitute the entire agreement between you and us regarding the Site and Services.
Severability; Waiver. If any provision is held invalid, the remaining provisions remain in full force and effect. No waiver of any term is a further or continuing waiver of that term or any other term.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, sale, or other corporate transaction.
Notices. Legal notices to us must be sent to the address below with a copy by email. Notices to you may be provided via the Site, email, or your account.
20) Contact
Chili Pepper Design, LLC d/b/a Pool & Patio Digital
1195 Forked Creek Rd, Arnold, MD 21012
Email: [email protected]
Phone: 443.991.8211
Pool & Patio Digital is a division and registered trade name of Chili Pepper Design, LLC. If you have questions about these Terms or how they apply to a particular Order, contact us at the email above. This document is provided for general informational purposes and is not legal advice.