Legal Information

Terms of Service

Last Updated: [May 20, 2025]

Welcome to NerdBrainz LLC ('NerdBrainz,' 'we,' 'us,' or 'our'). By accessing or using our website at NerdBrainz.com ('Site'), or by engaging our services (including custom web development, e-commerce solutions, and digital marketing), you agree to be bound by these Terms of Service ('Terms'). If you do not agree with any part of these Terms, you are prohibited from using or accessing our Site or services.

1. Services Provided

NerdBrainz specializes in providing high-performance digital solutions, including custom website development (Next.js & React), Shopify e-commerce development, search engine optimization (SEO), Google PPC management, social media advertising, and strategic digital consulting. Specific service details and deliverables will be outlined in a separate Service Agreement or Project Proposal.

2. Client Responsibilities

As a client engaging with NerdBrainz, you agree to:

• Provide all necessary content, images, and information required for project completion in a timely manner.
• Grant necessary access to existing platforms, accounts (e.g., website hosting, Shopify, Google Ads, Meta Business Suite), and third-party tools.
• Review and approve deliverables promptly according to agreed-upon timelines.
• Obtain all necessary licenses and permissions for any third-party content (text, images, media) provided to NerdBrainz for use in your project.
• Ensure all information provided to NerdBrainz is accurate and complete.

3. Payment Terms

Payment terms for our services will be detailed in your specific Service Agreement or Project Proposal. Unless otherwise agreed, invoices are due upon receipt. Failure to make payments by the due date may result in suspension of services or termination of the agreement. All prices are in USD.

4. Intellectual Property

Upon full and final payment for services rendered, NerdBrainz LLC will transfer ownership of the custom-developed website, e-commerce store, or other specific deliverables created for you ('Client Deliverables'). NerdBrainz retains ownership of any pre-existing tools, code libraries, methodologies, or other intellectual property not specifically created for the Client Deliverables, but which may be incorporated into the deliverables. You are granted a non-exclusive, perpetual license to use such incorporated intellectual property for the operation of your deliverables.

5. Disclaimer of Warranties

Our Site and services are provided on an 'as is' and 'as available' basis. NerdBrainz LLC makes no warranties, expressed or implied, and hereby disclaims all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant that our services will be uninterrupted, error-free, or completely secure.

6. Limitation of Liability

In no event shall NerdBrainz LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on NerdBrainz LLC's website or services, even if NerdBrainz LLC or a NerdBrainz LLC authorized representative has been notified orally or in writing of the possibility of such damage. This limitation of liability applies to the fullest extent permitted by law.

7. Termination

Either party may terminate a Service Agreement or Project Proposal as specified within that document. If no specific terms are outlined, either party may terminate the agreement with 30 days written notice. Upon termination, you agree to pay for all services rendered up to the date of termination.

8. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Washington, USA, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

9. Changes to These Terms

NerdBrainz LLC reserves the right to revise these Terms at any time without notice. By using this website or engaging our services, you are agreeing to be bound by the then-current version of these Terms.

Privacy Policy

Last Updated: [May 20, 2025]

Your privacy is of utmost importance to us. This Privacy Policy outlines how NerdBrainz LLC ('NerdBrainz,' 'we,' 'us,' or 'our') collects, uses, discloses, and protects your personal information when you visit our website at NerdBrainz.com ('Site') or engage with our digital services. We are committed to complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) for EU residents and the California Consumer Privacy Act (CCPA) for California residents, where relevant.

1. Information We Collect

We may collect the following types of personal information:

• **Information You Provide Directly:** When you contact us, request a quote, subscribe to our newsletter, or engage our services, you may provide us with: name, email address, phone number, company name, project details, and any other information you choose to provide in communications.
• **Automatically Collected Information:** When you visit our Site, we automatically collect certain information about your device and browsing activity, including: IP address, browser type, operating system, referring URLs, pages viewed, time spent on pages, and clickstream data. This is primarily done through cookies and similar tracking technologies (see our Cookie Policy below).
• **Information from Third-Party Sources:** In the course of providing digital marketing services (e.g., Google Ads, Meta Ads), we may access aggregated and anonymized data or data shared with consent from these platforms to improve campaign performance. We do not typically collect identifiable personal data directly from these third-party sources.

2. How We Use Your Information

We use the collected information for the following purposes:

• To provide, operate, and maintain our Site and services.
• To respond to your inquiries and provide customer support.
• To understand and analyze how you use our Site and services to improve user experience.
• To manage and complete projects and services you have contracted us for.
• To send you relevant marketing communications (with your consent, where required).
• To comply with legal obligations and enforce our Terms of Service.

3. Sharing Your Information

We may share your information with:

• **Third-Party Service Providers:** We may use third-party companies and individuals to facilitate our services (e.g., hosting, analytics, payment processing, project management tools). These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
• **Legal Compliance:** We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court order or government agency).
• **Business Transfers:** In connection with a merger, acquisition, or asset sale, your personal information may be transferred.

4. Data Retention

We retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

5. Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure.

6. Your Data Protection Rights

Depending on your location and applicable law (e.g., GDPR, CCPA), you may have the following rights regarding your personal information:

• **Right to Access:** Request a copy of the personal information we hold about you.
• **Right to Rectification:** Request correction of inaccurate or incomplete information.
• **Right to Erasure ('Right to be Forgotten'):** Request deletion of your personal information under certain conditions.
• **Right to Restrict Processing:** Request restriction of processing your personal information under certain conditions.
• **Right to Data Portability:** Request transfer of your data to another organization or directly to you, under certain conditions.
• **Right to Object:** Object to our processing of your personal information under certain conditions.
• **Right to Withdraw Consent:** Withdraw your consent at any time where we relied on your consent to process your personal information.
• **Right to Lodge a Complaint:** If you are an EU resident, you have the right to complain to a data protection authority about our collection and use of your personal information.

To exercise any of these rights, please contact us at contact@nerdbrainz.com. We will respond to your request within the timeframe required by applicable law.

7. Children's Privacy

Our Site and services are not intended for individuals under the age of 18. We do not knowingly collect personally identifiable information from anyone under 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.

8. International Data Transfers

As NerdBrainz LLC is based in the United States, your information may be stored and processed in the U.S. or any other country where we or our service providers maintain facilities. If you are located outside the United States, please be aware that we transfer information, including Personal Data, to the United States and process it there. By using the Site or providing us with any information, you consent to this transfer, storage, and processing.

9. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the 'Last Updated' date at the top. You are advised to review this Privacy Policy periodically for any changes.

Cookie Policy

We use 'cookies' and similar tracking technologies to enhance your experience, analyze site usage, and support our marketing efforts. A cookie is a small piece of data that our website stores on your device, and accesses each time you visit.

Types of Cookies We Use:

• **Essential Cookies:** Necessary for the website to function correctly (e.g., session cookies for navigation).
• **Analytics Cookies:** Help us understand how visitors interact with our website by collecting and reporting information anonymously (e.g., Google Analytics).
• **Marketing/Advertising Cookies:** Used to deliver advertisements more relevant to you and your interests (e.g., Facebook Pixel, Google Ads remarketing).

Your Choices Regarding Cookies:

You have the right to decide whether to accept or reject cookies. You can manage your preferences through your browser settings. Please note that if you choose to refuse cookies, some parts of our Site or services may not function properly.

Refund Policy

Effective Date: [May 20, 2025]]

NerdBrainz LLC is committed to client satisfaction. Our services involve custom development and ongoing digital marketing efforts, which are typically non-refundable for work that has been completed or milestones that have been met and approved.

If you are not satisfied with a specific deliverable or aspect of our service, please contact us within [e.g., 7 days] of the deliverable's completion or the service period in question. We will work diligently with you to understand and address your concerns, attempting to resolve any issues to your satisfaction.

Refunds are not typically offered for time already spent on project consultation, strategy development, or executed marketing campaigns. Any refunds, if issued, will be at the sole discretion of NerdBrainz LLC and will be processed on a case-by-case basis.

Disclaimer

The information provided on NerdBrainz.com and through our services is for general informational purposes only and does not constitute professional, financial, or legal advice. While we strive for accuracy, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

**Third-Party Websites:** Our Site and services may contain links to other websites maintained by third parties. These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by NerdBrainz LLC. We have no control over the content and practices of these third-party sites, and we are not responsible for their privacy policies or practices.

Accessibility Statement

NerdBrainz.com is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and, in doing so, adhere to many of the available standards and guidelines.

This website endeavors to conform to Level AA of the Web Content Accessibility Guidelines (WCAG) 2.1 published by the World Wide Web Consortium (W3C). These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines helps make the web more user-friendly for all people.

While NerdBrainz.com strives to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website as we continually improve. We welcome feedback on the accessibility of NerdBrainz.com. Please contact us if you encounter any accessibility barriers.

Contact Information

For any queries regarding our Terms of Service, Privacy Policy, Refund Policy, or other legal matters, please contact us directly: