These Terms of Service ("Terms") govern all engagements between MerryMango LLC ("MerryMango," "we," "us") and clients ("you," "Client"). By signing a project proposal or engaging our services, you agree to these Terms.
Individual projects are governed by a written proposal or statement of work ("SOW") which, together with these Terms, constitutes the full agreement between the parties. In the event of a conflict, the SOW controls.
MerryMango provides web development, AI SEO programs, custom software, and AI strategy advisory services as described in each project's SOW. All engagements are led personally by a senior practitioner. When specialists are brought in, MerryMango remains the single accountable party.
Many projects begin with a paid Discovery engagement — typically one to two weeks in duration. Discovery fees are non-refundable and represent compensation for the audit, roadmap, and strategic deliverables produced. You own all Discovery deliverables upon payment, regardless of whether you proceed to a full project.
Each project is scoped in a written SOW. Work outside that scope requires a written change order specifying additional fees and timeline impact before work begins. We will flag scope questions promptly and will not bill for work outside scope without your written approval.
Payments are accepted via ACH, wire transfer, or Stripe. All fees are quoted and billed in US dollars.
Upon receipt of full payment, MerryMango assigns to Client all right, title, and interest in and to the work product created specifically for the engagement ("Work Product"), including all intellectual property rights therein.
MerryMango retains the right to display the Work Product in its portfolio and marketing materials unless the parties have executed a mutual non-disclosure agreement that expressly prohibits such display. You may request portfolio exclusion in writing at any time.
MerryMango retains all rights to pre-existing tools, frameworks, libraries, and methodologies used in the course of the engagement. To the extent any such pre-existing materials are incorporated into the Work Product, MerryMango grants Client a perpetual, royalty-free license to use them as part of the Work Product.
To enable us to deliver work on time and on scope, you agree to:
Project delays caused by late client feedback or missing materials may affect the delivery timeline and, in some cases, fees.
Both parties agree to keep confidential any non-public business information disclosed during the engagement and marked as confidential, or that a reasonable person would understand to be confidential. This obligation survives termination of the engagement for three (3) years.
A mutual non-disclosure agreement (NDA) is available upon request and will be executed before any sensitive information is exchanged if preferred.
MerryMango warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. MerryMango does not warrant that deliverables will be error-free or that third-party platforms, APIs, or tools integrated into the work will remain available or unchanged.
Client warrants that it has the right to use and provide to MerryMango all content, data, and materials supplied for the engagement.
To the fullest extent permitted by applicable law, MerryMango's total liability to Client for any claims arising out of or related to an engagement shall not exceed the total fees paid by Client under the relevant SOW in the six (6) months preceding the claim.
In no event shall MerryMango be liable for any indirect, incidental, consequential, punitive, or special damages, including lost profits or lost data, even if advised of the possibility of such damages.
Either party may terminate an engagement by providing 30 days' written notice. Upon termination, Client is responsible for payment of all fees for work completed and expenses incurred through the termination date. MerryMango will deliver all completed work product upon receipt of final payment.
Monthly care plans and retainers may be cancelled with 30 days' notice at any time, with no penalty.
MerryMango is an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between the parties.
These Terms are governed by the laws of the State of Washington, without regard to its conflict of law provisions. Any disputes that cannot be resolved informally shall be submitted to binding arbitration in King County, Washington, under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees.
These Terms, together with any applicable SOW, constitute the entire agreement between the parties and supersede all prior discussions, representations, and agreements. If any provision is found unenforceable, the remaining provisions remain in effect. MerryMango may update these Terms from time to time; material changes will be communicated to active clients by email.
Questions? Contact us at hello@merrymangoai.com.