Terms of Service for TymFlo, a Resonance Strategies, LLC company
Last Updated: April 8, 2025
Please read these Terms of Service ("Terms") carefully before using TymFlo's website,
applications, or services.
1. AGREEMENT TO TERMS
By accessing our website, using our applications, purchasing our services, or utilizing any
of our deliverables, you agree to be bound by these Terms and all applicable laws and
regulations. If you disagree with any part of these Terms, you may not access or use our
Services.
2. SERVICES
2.1 Scope of Services
TymFlo provides digital marketing, branding, design, consultation, and related creative
services ("Services"), including but not limited to:
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Social Media Management
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Content & Email Marketing
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Web Design & Development
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Copywriting & SEO
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Graphic Design & Branding
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Training, Workshops, Masterclasses, and Consultations
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Technology and AI enhancements, Software Development, Frameworks
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Templates, Planners, Guidebooks, Methodologies & Systems
2.2 Service Descriptions
Each service purchased through our website or other authorized platforms corresponds to
a specific set of deliverables, associated fees, and timelines. These details are
incorporated into these Terms by reference.
2.3 Third-Party Platforms & Tools
Our Services may involve posting content, running campaigns, or analyzing performance
on third-party platforms. TymFlo has no control over these platforms and is not liable for
account suspensions, disconnections, policy changes, or service interruptions caused by
these third parties. You must promptly provide and maintain valid login credentials and
account access as necessary for us to perform the Services.
3. USER OBLIGATIONS & RESPONSIBILITIES
3.1 Cooperation & Timely Feedback
You agree to provide timely responses, approvals, content, and instructions essential for us
to perform the Services. Delays in your feedback or provision of materials may shift project
timelines.
3.2 Representations & Warranties
You warrant that:
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You have the legal right and authority to use our Services and grant any licenses
required. -
Any materials, content, or instructions you provide do not infringe intellectual
property, privacy, or publicity rights, and comply with all applicable laws. -
You will abide by all applicable laws and platform terms of service related to the use
of our deliverables and Services.
3.3 Revisions
For creative deliverables, we provide one (1) initial draft and up to two (2) revision rounds at
no additional cost. A "revision round" is defined as a single, consolidated set of changes,
edits, or feedback requested in response to a delivered draft.
Additional revision rounds beyond the included two rounds may incur extra fees ranging
from $75 to $200 per round, depending on service type and complexity of changes. We will
communicate applicable fees before commencing additional revision work.
All deliverables are considered approved and final if no feedback is provided within four (4)
weeks of delivery.
4. FEES, PAYMENT & TAXES
4.1 Fees & Payment Terms
You agree to pay all fees specified at the time of purchase. Payments are due in advance of
Services unless otherwise stated. We may suspend work if payment is not received on
time.
4.2 Recurring Charges & Authorization
You agree to pay all charges at the prices in effect for your purchases and any applicable
taxes or fees. For recurring charges (e.g., monthly retainers, plans, and subscriptions), you
consent to our charging your payment method on a recurring basis without requiring prior
approval for each charge, until you cancel in accordance with our cancellation provisions.
4.3 No Chargebacks Without Notice
You agree not to initiate any chargeback request with your payment provider without first
making a good-faith effort to resolve billing disputes by contacting us directly. Please allow
us at least ten (10) business days to investigate and respond before taking further action.
4.4 No Partial Refunds or Credits
Unless otherwise stated, all fees paid are nonrefundable. Under no circumstances will
partial refunds or credits be issued for any unused portion of Services or for early
cancellation of recurring services, except as explicitly agreed upon in writing.
4.5 Taxes
All fees are exclusive of applicable taxes. You are responsible for any taxes, duties, or levies
imposed by any governmental authority.
5. INTELLECTUAL PROPERTY & LICENSES
5.1 TymFlo IP
We retain all rights, title, and interest in and to our pre-existing methodologies, tools,
templates, processes, and any intellectual property not specifically assigned to you.
5.2 Deliverables License
Subject to full payment, you are granted a non-exclusive, royalty-free license to use the
final deliverables created for your internal and external marketing purposes. You may not
resell, sublicense, or distribute the deliverables to third parties without our written
permission.
5.3 User Materials
You retain all rights to materials you provide to us. You grant us a limited, non-exclusive
license to use such materials solely for performing the Services.
5.4 Platform License & Feedback
We (or our licensors) have developed proprietary software, tools, and technologies (the
"Platform") that may be used to provide automated management, optimization, or creation
of deliverables. All right, title, and interest in the Platform belong exclusively to us or our
licensors.
If you provide feedback, suggestions, ideas, or improvements related to the Platform, you
grant us a perpetual, irrevocable, worldwide, fully paid, royalty-free, sublicensable, and
transferable license to use, reproduce, modify, distribute, display, perform, and otherwise
exploit such feedback for any lawful purpose without attribution or compensation.
6. PROHIBITED ACTIVITIES
You shall not use our Services or deliverables to:
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Violate any law or regulation
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Harass, abuse, or harm another person or entity
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Infringe intellectual property, privacy, or other rights of third parties
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Upload or transmit malicious software, viruses, Trojan horses, or other harmful
material -
Engage in fraudulent activities
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Disparage, tarnish, or otherwise harm our reputation
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Systematically retrieve data or content from our Services to create a collection,
database, or directory -
Trick, defraud, or mislead us or other users
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Circumvent security-related features
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Engage in automated use of our systems
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Decipher, decompile, disassemble, or reverse engineer any of our software
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Use our Services to compete with us or for revenue-generating endeavors unrelated
to your service agreement -
Copy or adapt our software
7. USER CONTENT & CONTRIBUTIONS
If you provide or allow posting of text, images, or other materials via our managed
platforms:
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You represent that such content is original or properly licensed, non-infringing, not
defamatory, and complies with all laws. -
By submitting content, you grant us a worldwide, royalty-free license to use,
reproduce, adapt, and display it in connection with the Services. -
Your content must not be obscene, lewd, lascivious, violent, harassing, libelous,
slanderous, or otherwise objectionable. -
We reserve the right to remove or refuse any content that violates these terms.
8. TERM & TERMINATION
8.1 Term
These Terms begin on the date you access our Services and remain in effect until
terminated.
8.2 Termination for Convenience
Either party may terminate services upon thirty (30) days' written notice.
8.3 Termination for Cause
Either party may terminate immediately if the other party breaches these Terms and fails to
cure within ten (10) days after notice.
8.4 Effect of Termination
Upon termination, all fees for Services rendered become due. No refunds will be issued.
You must cease using any unlicensed deliverables. The confidentiality, indemnification,
and limitation of liability provisions shall survive termination.
9. DISCLAIMER & LIMITATIONS OF LIABILITY
9.1 AS-IS SERVICES
WE PROVIDE THE SERVICES AND DELIVERABLES "AS IS," WITHOUT ANY WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC RESULTS,
PERFORMANCE, OR INCREASED BUSINESS OUTCOMES.
9.2 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY
CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL
FEES ACTUALLY PAID BY YOU TO US IN THE THREE (3) MONTHS PRIOR TO THE EVENT
GIVING RISE TO THE CLAIM. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFITS OR DATA LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
10. INDEMNIFICATION
You shall defend, indemnify, and hold harmless TymFlo, its affiliates, officers, directors,
employees, contractors, and agents from and against any and all claims, causes of action,
damages, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees)
arising out of or related to: (a) your breach of these Terms; (b) your infringement or
misappropriation of a third party's intellectual property, privacy, or publicity rights; or (c)
your unlawful or prohibited use of the Services, deliverables, or the Platform.
11. MISCELLANEOUS
11.1 Entire Agreement
These Terms constitute the entire agreement between you and TymFlo regarding your use
of our Services.
11.2 Severability
If any provision of these Terms is found unenforceable, it shall be modified to the minimum
extent necessary, and the remainder shall remain in full force.
11.3 No Waiver
Our failure to enforce any right or provision is not a waiver of such right or provision.
11.4 Governing Law & Venue
These Terms shall be governed by the laws of the state of Michigan. The parties consent to
the exclusive jurisdiction and venue of courts located in or nearest to Detroit, Michigan.
11.5 Virtual Operations & Communications
TymFlo operates as a fully virtual entity, rendering all Services remotely. All communication
will be conducted electronically via email or through any client portal system we provide.
We do not offer in-person meetings or telephone support. Email is our primary method of
communication, and we will endeavor to respond to emails within 24-48 business hours,
excluding weekends, holidays, or extraordinary circumstances.
11.6 Force Majeure
We shall not be liable for any failure or delay in performing our obligations due to events
beyond our reasonable control, including but not limited to acts of God, natural disasters,
war, terrorism, civil unrest, labor disputes, pandemics, governmental actions, or
interruptions in power, communications, or transportation.
12. CONTACT US
If you have any questions about these Terms, please contact us at:
• Email: [hello@TymFlo.com]
• Address: [Southfield, Michigan]