Terms of Service
Last Updated: December 10, 2025
Softwater Software LLC • 48 Hayes Hill Rd, Rochester, NH 03867
Agreement to Terms
By purchasing services from Softwater Software LLC ("we," "us," or "our"), you ("client" or "you") agree to these Terms of Service. If you don't agree, don't use our services.
Read these terms carefully. They are a binding legal agreement.
Definitions
Services Provided
We provide local SEO, digital marketing, website development, and related services as described in your service agreement or proposal. Services may include:
- Local SEO optimization
- Google Business Profile management
- Website development and optimization
- Content creation and SEO writing
- Backlink building and citation management
- Keyword tracking and reporting
- Social media advertising management
- Call tracking implementation
- Email marketing services
- Other digital marketing services as agreed
Specific deliverables and timelines will be outlined in your service agreement.
Service Availability
Geographic Scope
Our services are available to businesses located in the United States. We specialize in local SEO for US-based markets.
Industry Limitations
We reserve the right to decline services for:
- Industries we do not have expertise in
- Businesses engaged in illegal activities
- Businesses that violate our ethical standards
- Industries where we have conflicts of interest
- Industries restricted by major platforms (Google, Facebook, etc.)
Service Term and Renewal
Our standard services operate on a month-to-month basis with automatic renewal. There are no long-term contracts unless specifically agreed in writing.
Your payment method will be automatically charged each month on the same day your service began.
Either party may cancel services with 30 days written notice. Notice must be provided via email to andrew@softwatersoftware.com.
Payment Terms
All prices and fees are quoted and payable in United States Dollars (USD). Payment is processed through secure online tools including Upwork and Stripe.
If payment is not received after the 5-business-day grace period:
- All ongoing work will be paused immediately
- No new work will begin
- You will receive notification that services are suspended
- Access to our systems and client portals may be suspended
Work will resume within 2 business days of receiving payment.
Refund Policy
Payments are generally non-refundable except as specifically provided in these Terms or in specific promotional offers.
Refunds may be issued at our sole discretion for:
- Services we were unable to provide due to circumstances within our control
- Billing errors or duplicate charges
- Services paid for but not rendered due to early termination on our part
Refunds will not be issued for:
- Change of mind or buyer's remorse
- Completed work you decided you don't want
- Services properly rendered that didn't meet your subjective expectations
- Results that varied from your goals or hopes
Service Scope and Limitations
Services will be provided as outlined in your specific service agreement or proposal. The scope of work is limited to the services explicitly listed in your agreement.
Unless otherwise specified in your service agreement:
- Website projects include up to 2 rounds of revisions per page or section
- Content pieces include 1 round of revisions
- Design elements include 2 rounds of revisions
- Additional revisions may incur additional fees at $75/hour
Client Responsibilities
To ensure timely delivery of services, you must grant timely access to all platforms necessary for service delivery, including:
- Google Business Profile (admin or owner access)
- Website backend (WordPress, Webflow, Wix, or other platforms)
- Domain provider accounts
- Hosting provider accounts
- Analytics accounts (Google Analytics, Google Search Console)
Timely completion of work depends on your timely feedback, approvals, and responses to our requests. Delays on your end will result in corresponding delays in project completion.
Intellectual Property and Content Ownership
Once you have paid in full, you receive:
- Full ownership of custom website code and design we create specifically for you
- Full ownership of written content we create (blog posts, page copy, GBP descriptions)
- Full ownership of graphics and images we create specifically for you
- Non-exclusive license to any templates, frameworks, or stock elements used
- Full usage rights for all deliverables for your business operations
Regardless of ownership transfer, we retain the right to showcase our work in our portfolio, case studies, and marketing materials, and to display before/after results and metrics achieved.
Data Security and Credential Management
We implement reasonable security measures including encrypted credential storage, limited account access, secure communication channels, regular security training, and two-factor authentication where supported.
If we become aware of unauthorized access to your accounts or data while under our management, we will notify you within 72 hours of discovery via phone and email.
Service Guarantees and Limitations
We do not guarantee specific search engine rankings, Google Business Profile positions, traffic increases, lead volume, or revenue outcomes. Search engine algorithms are beyond our control. We provide professional SEO services using industry best practices, but results vary based on numerous factors outside our control.
Typical timelines (estimates, not guarantees):
- Google Business Profile optimization: 2 to 4 weeks for initial improvements
- Local SEO: 3 to 6 months for significant improvements
- Website development: 4 to 10 weeks depending on complexity
- Content SEO: 4 to 6 months for ranking impact
Warranties and Disclaimers
All services are provided "AS IS" and "AS AVAILABLE" without warranties except as explicitly stated. We make no warranties regarding specific outcomes, rankings, traffic, revenue, compatibility, uninterrupted service, results matching projections, meeting specific requirements, or achieving business goals.
Limitation of Liability
Our total liability is limited to the amount you paid in the most recent month prior to the claim.
We are not liable for lost profits, lost opportunities, loss of goodwill, business interruption, lost customers, data loss, time losses, emotional distress, reputational harm, or any indirect damages.
These limitations do not apply to our gross negligence, willful misconduct, violations of law, personal injury or property damage from our negligence, intentional breach of confidentiality, or fraud.
Termination
Either party may cancel with 30 days written notice. No early termination fee. Outstanding payments remain due.
We may terminate immediately for any reason at our sole discretion.
Upon termination, work ceases immediately, all payments become due, and access is revoked. Within 15 days we will remove our access, provide credentials, transfer account ownership, and deliver completed paid deliverables.
Dispute Resolution
New Hampshire law applies. A 30-day good faith negotiation period is required before any legal action.
If negotiation fails, disputes may be pursued in Strafford County, New Hampshire state courts or federal district court for the District of New Hampshire.
The prevailing party recovers reasonable attorney's fees and costs.
Confidentiality
We keep confidential: customer lists, financial data, proprietary processes, trade secrets, strategic plans, information marked confidential, and anything reasonably considered confidential in your industry.
Confidentiality obligations continue indefinitely after termination.
Force Majeure
Neither party is liable for delays from events beyond reasonable control: natural disasters, pandemics, war, terrorism, government actions, strikes, riots, internet failures, power outages, third-party platform changes or outages, cyber attacks, or hardware and software failures beyond our control.
If a force majeure event extends beyond 60 days, either party may terminate without penalty. You will receive a prorated credit or refund for undelivered services.
Miscellaneous
Severability: Invalid provisions will be limited or eliminated to the minimum extent necessary. Remaining provisions remain in full force.
Entire Agreement: These Terms plus your service agreement, statement of work, and payment schedules constitute the entire agreement.
No Waiver: Failure to enforce a provision doesn't waive the right to enforce it later.
Independent Contractor: No employment, partnership, agency, or franchise relationship is created.
Assignment: You may not assign this agreement without our written consent.
Electronic Signatures: As binding as physical signatures.
Contact Information
Softwater Software LLC
48 Hayes Hill Rd, Rochester, NH 03867
andrew@softwatersoftware.com (preferred)
Monday to Friday, 9am to 6pm Eastern Time. Inquiries about Terms answered within 2 business days.
Acceptance
By purchasing services, completing an intake form, making payment, clicking "I agree," or engaging our services, you acknowledge you have:
- Read these Terms in their entirety
- Understood all provisions, obligations, and limitations
- Had the opportunity to ask questions or seek counsel
- Agreed to be legally bound by all terms
Questions? Contact andrew@softwatersoftware.com for clarification before accepting.
Effective Date: December 10, 2025. Softwater Software LLC, New Hampshire Limited Liability Company.