Terms of Service

Effective Date: February 1, 2025 Last Updated: April 19, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “User,” or “you”) and Fusion Digital Growth, LLC (“Fusion Digital Growth,” “we,” “us,” or “our”), a New York limited liability company operating the website https://fusiondigitalgrowth.com (the “Site”) and providing digital services described herein.

By accessing the Site, requesting a quote, engaging our services, or executing a service agreement, you agree to be bound by these Terms, our Privacy Policy (https://fusiondigitalgrowth.com/privacy-policy/), and any additional terms referenced herein. If you do not agree, do not use the Site or our services.

These Terms apply to all visitors, prospects, and clients worldwide, including those in the United States, European Union, Poland, and other jurisdictions.

2. Definitions

“Agreement” means these Terms together with any executed Service Agreement, Statement of Work (SOW), or proposal. “Services” means digital services offered by Fusion Digital Growth, including web design and development, e-commerce solutions, digital marketing, Google Business Profile (GBP) setup and optimization, SEO, paid advertising campaigns, and brand consulting. “Deliverables” means final work products delivered to Client under a Service Agreement (e.g., live website, completed design files, configured advertising campaigns). “Client Materials” means content, data, logos, trademarks, and other assets provided by Client for use in the Services. “Third-Party Platforms” means external services including but not limited to Google, Meta, hosting providers, domain registrars, and payment processors.

3. Eligibility

You represent and warrant that: (a) you are at least 18 years old and have legal capacity to enter into contracts; (b) if acting on behalf of a business or entity, you have authority to bind that entity; (c) you will provide accurate, current, and complete information; and (d) your use of the Site and Services will not violate any applicable law or regulation.

4. Services — Scope and Limitations

4.1 Service Agreements. Each engagement is governed by a separate written Service Agreement or Statement of Work specifying scope, deliverables, timeline, fees, and payment terms. In the event of conflict between these Terms and a signed Service Agreement, the Service Agreement controls.

4.2 No Guaranteed Results from Third-Party Platforms. Fusion Digital Growth provides professional services with reasonable skill and care. However, outcomes dependent on Third-Party Platforms — including but not limited to:

Google Business Profile verification (especially for contractor, construction, and service-area businesses, where Google’s verification policies are stricter and verification is not guaranteed);
Search engine rankings (Google, Bing) and SEO performance;
Advertising campaign performance (Google Ads, Meta Ads) including impressions, clicks, conversions, and cost metrics;
Account approvals, suspensions, or reinstatements by Google, Meta, or similar platforms;
Algorithm changes and policy updates by Third-Party Platforms;

— are not warranted or guaranteed by Fusion Digital Growth. Such results depend on factors outside our control, including platform policies, competitor activity, market conditions, and end-user behavior.

4.3 Client Cooperation. Timely delivery of Services requires Client’s cooperation, including providing Client Materials, feedback, approvals, and account access within agreed timelines. Delays caused by Client may result in schedule extensions and are not grounds for refund.

4.4 Revisions and Change Orders. Service Agreements specify included revision rounds. Additional revisions, scope expansions, or new requirements beyond the original scope require a written change order and additional fees.

5. Fees, Payment, and Refunds

5.1 Fees. Fees are specified in each Service Agreement. Unless otherwise stated, fees are quoted in U.S. Dollars (USD) and exclusive of taxes, transaction fees, and third-party platform costs (e.g., ad spend, domain fees, hosting fees).

5.2 Payment Terms. Unless otherwise agreed in writing: (a) projects require a non-refundable deposit of 30–50% upon engagement; (b) remaining balance is due upon milestones or final delivery as specified in the Service Agreement; (c) recurring services (e.g., monthly management, hosting, GBP management) are billed in advance monthly or annually.

5.3 Late Payments. Invoices not paid within 15 days of the due date accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Fusion Digital Growth may suspend Services, withhold Deliverables, or terminate the Service Agreement for payments overdue by 30 days or more. Client shall reimburse reasonable collection costs, including attorneys’ fees.

5.4 No Refunds on Work Performed. All fees paid for Services already performed are non-refundable. Deposits are non-refundable once work has commenced. Refunds for prepaid but unperformed Services are at Fusion Digital Growth’s sole discretion.

5.5 Chargebacks. Client agrees not to initiate credit card chargebacks for fees properly owed under a Service Agreement. Fraudulent chargebacks may result in termination, collection action, and liability for chargeback-related fees.

5.6 Third-Party Costs. Client is separately responsible for costs of Third-Party Platforms (e.g., ad spend paid directly to Google/Meta, domain registration fees, hosting, software licenses). Fusion Digital Growth may advance such costs on Client’s behalf only with written agreement, subject to reimbursement plus handling fee.

6. Intellectual Property

6.1 Client Ownership of Final Deliverables. Upon full payment of all fees due, Fusion Digital Growth assigns to Client all right, title, and interest in the final Deliverables specifically created for Client (e.g., final website files, logo designs, written copy) — excluding items described in Section 6.2.

6.2 Fusion Digital Growth Retained Rights. Fusion Digital Growth retains all rights in:

Pre-existing materials, methodologies, frameworks, source code libraries, templates, and tools used to create Deliverables;
Third-party software, themes, plugins, fonts, stock assets, or licensed materials incorporated into Deliverables (which are licensed to Client under the original licensor’s terms);
Internal project documentation, communications, and working files not expressly identified as Deliverables;
The right to use, display, and describe the Deliverables in Fusion Digital Growth’s portfolio, case studies, marketing materials, website, and proposals, identifying Client by name and logo — unless Client expressly opts out in writing.

6.3 Client Materials License. Client grants Fusion Digital Growth a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and display Client Materials solely for the purpose of providing Services.

6.4 Client Warranties Regarding Materials. Client represents and warrants that all Client Materials are owned by Client or properly licensed, do not infringe any third-party rights (copyright, trademark, privacy, publicity), and comply with applicable laws. Client shall indemnify Fusion Digital Growth against claims arising from Client Materials per Section 10.

6.5 Site Content. All content on fusiondigitalgrowth.com — including text, graphics, logos, images, software, and design — is the property of Fusion Digital Growth, LLC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. Unauthorized copying, reproduction, scraping, or redistribution is prohibited.

7. Client Responsibilities and Acceptable Use

Client shall: (a) provide accurate, complete, and lawful information and materials; (b) comply with all applicable laws, including advertising, consumer protection, tax, data protection (GDPR, CCPA), and industry-specific regulations (e.g., contractor licensing, medical advertising rules); (c) maintain own backups of Client Materials; (d) secure and protect account credentials; and (e) not use Services to transmit spam, malware, or unlawful content, nor engage in fraudulent, misleading, or harmful activities.

Client may not: reverse-engineer, scrape, or extract data from the Site; bypass security measures; use the Site or Services in ways that harm Fusion Digital Growth, our clients, or third parties; or impersonate any person or entity.

8. Confidentiality

Each party agrees to keep the other’s Confidential Information (non-public business, technical, financial, or client information) in strict confidence, use it solely to perform or receive Services, and protect it with the same care used for its own confidential information (no less than reasonable care). Confidentiality obligations survive termination for three (3) years, except that trade secrets remain confidential indefinitely. Exclusions: information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law or court order.

9. Warranties and Disclaimers

9.1 Limited Warranty. Fusion Digital Growth warrants that Services will be performed in a professional manner consistent with industry standards.

9.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, UNINTERRUPTED OPERATION, OR FREEDOM FROM VIRUSES OR DEFECTS. Fusion Digital Growth does not warrant that Services will meet Client’s specific business objectives, produce any particular commercial results, or be compatible with all Client systems or third-party platforms.

10. Indemnification

Client shall defend, indemnify, and hold harmless Fusion Digital Growth, LLC, its members, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Client Materials; (b) Client’s use of Services or Deliverables; (c) Client’s breach of these Terms or any Service Agreement; (d) Client’s violation of applicable law; or (e) Client’s infringement of third-party rights.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 No Consequential Damages. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising from or relating to the Site, Services, or Deliverables, even if advised of the possibility of such damages.

11.2 Liability Cap. FUSION DIGITAL GROWTH’S TOTAL CUMULATIVE LIABILITY arising from or relating to the Site, Services, or these Terms, whether in contract, tort, or any other theory, SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO FUSION DIGITAL GROWTH UNDER THE APPLICABLE SERVICE AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, or USD $500, whichever is greater.

11.3 Exclusions. Limitations in this Section do not apply to: (a) Client’s payment obligations; (b) Client’s indemnification obligations; (c) either party’s breach of confidentiality; or (d) liability that cannot be excluded or limited under applicable law (e.g., gross negligence, willful misconduct, certain statutory rights under EU consumer protection law where applicable).

11.4 Consumer Protections. Nothing in these Terms excludes or limits rights that cannot lawfully be excluded or limited under applicable consumer protection law, including mandatory protections under EU and Polish consumer law where the Client qualifies as a consumer.

12. Force Majeure

Neither party shall be liable for failure or delay in performance (except payment obligations) caused by events beyond reasonable control, including acts of God, war, terrorism, pandemic, government action, labor disputes, power or internet outages, cyberattacks, or failures of Third-Party Platforms. The affected party shall promptly notify the other and use reasonable efforts to resume performance.

13. Term and Termination

13.1 Term. These Terms remain in effect while Client uses the Site or receives Services.

13.2 Termination for Convenience. Either party may terminate a Service Agreement for convenience with thirty (30) days’ written notice, unless the specific Service Agreement provides otherwise. Client remains responsible for fees incurred through the effective termination date, as well as any non-cancellable third-party costs.

13.3 Termination for Cause. Either party may terminate immediately upon written notice if the other party: (a) materially breaches the Agreement and fails to cure within 15 days of written notice; (b) becomes insolvent or files for bankruptcy; or (c) engages in fraud, illegal activity, or conduct harmful to the other party.

13.4 Effect of Termination. Upon termination: (a) all unpaid fees become immediately due; (b) Fusion Digital Growth will deliver work product completed and paid for; (c) each party returns or destroys the other’s Confidential Information; and (d) provisions that by nature should survive (IP, confidentiality, limitation of liability, indemnification, dispute resolution) continue in effect.

14. Governing Law and Dispute Resolution

14.1 Governing Law. These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2 Informal Resolution. Parties agree to first attempt to resolve disputes informally through good-faith negotiation for thirty (30) days before initiating formal proceedings.

14.3 Venue. Subject to Section 14.4, exclusive jurisdiction and venue for any dispute shall be the state and federal courts located in New York County, New York, USA. Client consents to personal jurisdiction of such courts and waives any objection based on inconvenient forum.

14.4 Binding Arbitration (Optional at Fusion Digital Growth’s Election). Fusion Digital Growth may, at its sole option, require disputes to be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in New York, NY. Judgment on the award may be entered in any court of competent jurisdiction.

14.5 Class Action Waiver. To the maximum extent permitted by law, disputes shall be resolved on an individual basis; Client waives the right to participate in class actions, class arbitrations, or consolidated proceedings.

14.6 EU/Polish Consumer Rights. If Client qualifies as a consumer under EU or Polish law and mandatory consumer protection rules provide otherwise, those rules apply to the extent required by law, including the right to bring proceedings in the consumer’s country of residence.

14.7 Attorneys’ Fees. The prevailing party in any dispute shall be entitled to recover reasonable attorneys’ fees and costs.

15. General Provisions

15.1 Entire Agreement. These Terms, together with any executed Service Agreement, the Privacy Policy, and referenced documents, constitute the entire agreement between the parties and supersede all prior agreements and understandings on the subject matter.

15.2 Amendments. Fusion Digital Growth may update these Terms by posting revised versions on the Site with an updated “Last Updated” date. Material changes will be communicated by email where feasible. Continued use of the Site or Services after changes constitutes acceptance.

15.3 Assignment. Client may not assign rights or obligations without Fusion Digital Growth’s prior written consent. Fusion Digital Growth may assign freely, including in connection with a merger, acquisition, or sale of assets.

15.4 Independent Contractor. Fusion Digital Growth performs Services as an independent contractor. Nothing creates a partnership, joint venture, employment, or agency relationship between the parties.

15.5 Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to be enforceable.

15.6 No Waiver. Failure to enforce any provision does not waive the right to enforce it later.

15.7 Notices. Legal notices to Fusion Digital Growth shall be sent to [email protected] with a courtesy copy to [email protected]. Notices to Client may be sent to the email address on file.

15.8 Electronic Signatures. The parties agree that electronic signatures on Service Agreements and related documents are valid and enforceable under the U.S. ESIGN Act (15 U.S.C. §7001 et seq.) and EU Regulation (EU) No 910/2014 (eIDAS).

15.9 Language. These Terms are executed in English. Translations are provided for convenience only; the English version prevails in the event of a discrepancy.

15.10 Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

16. Contact

Fusion Digital Growth, LLC New York, USA Email: [email protected] Legal Notices: [email protected] Phone: +1 (877) 430-3777 Web: https://fusiondigitalgrowth.com