Welcome to Macaw Digital Solutions. These Terms of Service ("Terms") govern your use of our website located at macawdigitalsolutions.com and the services we provide, including but not limited to web design, digital marketing, trading technology development, and our client portal ("Macaw Hub").
By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
1. Services
Macaw Digital Solutions provides digital marketing, web development, branding, trading technology, and related professional services. The specific scope, deliverables, timeline, and pricing for any engagement will be outlined in a separate proposal or statement of work ("SOW") agreed upon by both parties before work begins.
We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice to affected clients.
2. Client Accounts and Portal Access
Access to Macaw Hub, our client portal, requires account registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms or are involved in fraudulent or harmful activity.
3. Payments and Billing
Payment terms will be specified in the applicable SOW or proposal. Unless otherwise stated:
- Project-based work requires a deposit before work begins, with remaining payments tied to milestones
- Retainer services are billed monthly in advance
- Invoices are due within 15 days of issuance unless otherwise agreed
- Late payments may incur a fee of 1.5% per month on the outstanding balance
All payments are processed securely through Stripe. We do not store credit card information on our servers.
4. Intellectual Property
Upon full payment, the client receives ownership of all custom work products created specifically for them as outlined in the SOW. This includes website designs, code, marketing assets, and trading systems built for the client.
Macaw Digital Solutions retains the right to use generic tools, libraries, frameworks, and methodologies developed independently of any specific client engagement. We also retain the right to showcase completed work in our portfolio and case studies unless the client requests otherwise in writing.
All content on our website, including text, graphics, logos, and software, is the property of Macaw Digital Solutions and is protected by applicable intellectual property laws.
5. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of an engagement. This includes business strategies, technical specifications, financial data, trading algorithms, and any other information marked or reasonably understood as confidential.
Confidentiality obligations survive the termination of any engagement for a period of two (2) years.
6. Trading Technology Disclaimer
Trading and algorithmic technology services are provided for informational and development purposes. Macaw Digital Solutions does not provide financial advice, investment recommendations, or guarantees of trading performance.
All trading involves risk, including the potential loss of principal. Past performance of any trading system, strategy, or bot does not guarantee future results. The client is solely responsible for all trading decisions and assumes all risk associated with the use of trading technology we develop.
We strongly recommend that clients test any trading system thoroughly in a simulated environment before deploying with real capital.
7. Limitation of Liability
To the maximum extent permitted by law, Macaw Digital Solutions, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of our website or services.
Our total liability for any claim arising from our services shall not exceed the total amount paid by the client for the specific service giving rise to the claim during the twelve (12) months preceding the event.
8. Warranties and Disclaimers
Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee specific results from any of our services, including but not limited to search engine rankings, traffic increases, or revenue growth.
9. Termination
Either party may terminate a service engagement by providing written notice as specified in the applicable SOW. For month-to-month retainer services, either party may terminate with 30 days written notice.
Upon termination, the client is responsible for payment of all work completed up to the date of termination. We will provide reasonable assistance in transitioning deliverables and access to the client or their designated successor.
10. Indemnification
You agree to indemnify and hold harmless Macaw Digital Solutions, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of our services or violation of these Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising from these Terms or our services shall be resolved through binding arbitration in Pinellas County, Florida, unless otherwise agreed in writing.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated revision date. Your continued use of our website and services after modifications constitutes acceptance of the updated Terms.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
14. Contact Us
If you have any questions about these Terms, please contact us:
Macaw Digital Solutions
7901 4th Street N, Suite 6598
St. Petersburg, FL 33702