Terms of Service

These Terms of Service govern your use of topspindigital.co and services provided by ibu web services, doing business as TopSpin Digital. By accessing the website, submitting information or purchasing services, you agree to these Terms. A separate written service agreement may also apply. If it conflicts with these Terms, the separate agreement controls for that engagement.

1. Our Services

TopSpin Digital provides marketing, communication, automation, website and consulting services for racquet sports businesses and professionals. Services may include:

• •Marketing strategy and campaign support
• •Website, landing page and lead capture work
• •Booking, payment and customer communication workflows
• •Local search, content and social media support
• •Customer relationship management and follow up automation
• •Consulting, reviews and Game Plan Calls

The exact scope, schedule, fees and deliverables for paid work are stated in the applicable proposal, order or service agreement.

2. Eligibility and Authority

You must be at least 18 years old to use our services. If you act for a business or organization, you represent that you have authority to bind it to these Terms and any applicable service agreement.

3. Website and Communication Use

You agree not to:

• •Use the website or services unlawfully or in a way that harms another person
• •Interfere with security, availability or operation of the website or services
• •Attempt to gain unauthorized access to systems, accounts or information
• •Use automated means to copy, scrape or access content without permission
• •Impersonate another person or provide materially false information
• •Send harmful code, unlawful content or communications without proper consent

4. Client Responsibilities

For a paid engagement, you agree to:

• •Provide accurate information, content, approvals and access needed for the work
• •Confirm that you have the right to use materials and data you give us
• •Review deliverables and provide decisions within the agreed schedule
• •Follow applicable privacy, marketing, text messaging, email and consumer protection laws
• •Maintain any accounts, licenses or service subscriptions assigned to you

Delays in access, content or approvals may affect timing and results.

5. Fees, Billing and Cancellation

Fees, payment dates, recurring charges, cancellation terms and any refund terms are stated in the applicable checkout, proposal, order or service agreement. You authorize the applicable payment provider to charge the payment method you supply. Unless a separate agreement says otherwise, fees already earned for completed work are not refundable. You remain responsible for charges incurred before cancellation takes effect.

6. Intellectual Property

TopSpin Digital and its licensors retain ownership of the website, brand, content, software, methods, templates, systems and materials that existed before an engagement or are developed for general reuse. You retain ownership of materials you provide. Ownership and permitted use of custom deliverables are governed by the applicable service agreement. If no separate agreement addresses a deliverable, we grant you a limited, nonexclusive license to use the final deliverable for your internal business and marketing purposes after all related fees are paid.

7. Client Materials and Data

You grant us permission to use materials, accounts and data you provide only as reasonably needed to deliver the services, maintain security and comply with law. Each party will use reasonable care to protect confidential business information received from the other. These duties do not apply to information that is public through no breach, already known without restriction, independently developed or lawfully received from another source.

8. Communications and Consent

When you submit a form, you consent to receive communications needed to respond to your request. If you separately consent to marketing email or text messages, you may withdraw that consent using the unsubscribe link or by replying STOP. Message and data rates may apply.

9. Other Services

Our work may rely on providers for hosting, payments, scheduling, analytics, customer relationship management, email, text messaging, video meetings and other functions. Those providers control their own services and terms. We are not responsible for outages, changes or actions of services we do not control.

10. Results and Warranties

Marketing and business results depend on many factors outside our control, including your market, offer, pricing, follow up, staffing, budget and participation. We do not guarantee leads, bookings, revenue, rankings or any particular outcome. To the fullest extent permitted by law, the website and services are provided as available, without warranties not expressly stated in a written service agreement.

11. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities. TopSpin Digital’s total liability arising from a paid service will not exceed the fees you paid for that service during the 12 months before the event giving rise to the claim. For claims arising only from free website use, total liability will not exceed 50 dollars. These limits do not apply where liability cannot legally be limited.

12. Indemnification

You agree to defend and indemnify ibu web services and TopSpin Digital from claims, losses and reasonable expenses arising from materials or data you provide, your unlawful use of the website or services, your violation of these Terms, or your violation of another person’s rights. We will provide reasonable notice of a covered claim and allow you to control the defense, subject to our right to participate.

13. Suspension and Termination

We may suspend access when reasonably necessary to protect security, prevent unlawful use, address nonpayment or comply with law. Either party may end a service as allowed by the applicable agreement. Terms concerning payment, ownership, confidentiality, disclaimers, liability, indemnification and disputes survive termination where their nature requires it.

14. Governing Law and Disputes

Colorado law governs these Terms without regard to conflict of law rules. Before filing a formal claim, each party will give written notice and make a good faith effort to resolve the dispute. If the dispute is not resolved, the state and federal courts located in Denver County, Colorado will have exclusive jurisdiction, unless a separate written agreement requires another process.

15. General Terms

These Terms and any applicable service agreement are the complete agreement about their subject matter. If one provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. You may not assign your rights without our written consent. We may assign these Terms as part of a merger, reorganization or sale of the business.

16. Changes to These Terms

We may update these Terms as our services or legal obligations change. We will post the revised Terms here and update the date above. Continued use after the effective date means you accept the revised Terms. Material changes to an active paid engagement will apply only as permitted by its service agreement or with appropriate notice.

17. Contact