1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "you") and Dos Espadas, LLC, operating as Two Swords Digital Solutions ("Company," "we," "us," or "our"), a Texas limited liability company located in Mansfield, Texas.
These Terms govern your access to and use of our website at twoswordsdigital.com and your engagement of our digital marketing and related services. By accessing our website or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Services Offered
Two Swords Digital Solutions provides digital marketing and business automation services to small and medium-sized businesses in the DFW Metroplex and surrounding areas. Our services may include, but are not limited to:
- Website design, development, and hosting management
- Local search engine optimization (SEO) and Google Business Profile management
- Content creation, blog writing, and newsletter production
- Reputation management and online review strategies
- Social media management and advertising
- AI-powered automation workflows, including client intake, appointment scheduling, and payment platform management
- Data analysis and digital marketing reporting
- Custom digital marketing consulting and strategy
The specific services, deliverables, pricing, and timelines applicable to your engagement will be set forth in a separate written Service Agreement or Statement of Work signed by both parties.
3. Website Use
You may use our website for lawful purposes only. You agree not to:
- Use the website in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use
- Attempt to gain unauthorized access to any part of the website or its related systems
- Use any automated means (bots, scrapers, crawlers) to access the website without our express written permission
- Submit false or misleading information through any form or communication channel on the website
- Use the website to transmit spam, malware, or any other harmful content
4. Service Agreements and Payment
Proposals and Quotes: All pricing displayed on this website is subject to change and represents our standard rates. A binding service agreement is created only when both parties have executed a written Service Agreement or Statement of Work.
Payment Terms: Unless otherwise agreed in writing, the following general terms apply:
- One-time project fees are due as specified in the Service Agreement, which may include a deposit upon signing and the balance upon completion or delivery
- Monthly retainer fees are due on the first day of each service month
- Annual plan payments, where applicable, are due in full at the start of the service term
- Invoices not paid within fifteen (15) days of the due date may incur a late fee of 1.5% per month on the outstanding balance
Refunds: Due to the custom and service-based nature of our work, all payments for services rendered or in progress are non-refundable unless otherwise specified in writing in the applicable Service Agreement.
5. Client Responsibilities
To enable us to perform services effectively, you agree to:
- Provide accurate, complete, and timely information, content, credentials, and approvals as reasonably requested
- Designate a point of contact authorized to make decisions on your behalf
- Review and approve deliverables within timeframes specified in your Service Agreement
- Ensure that any content, images, or materials you provide to us do not infringe on any third-party intellectual property rights
- Maintain current payment of all fees due under your Service Agreement
Delays in providing required information, approvals, or content may result in delayed deliverables. Two Swords Digital Solutions is not responsible for delays caused by Client's failure to fulfill these responsibilities.
6. Intellectual Property
Our Content: All content on this website — including text, graphics, logos, and code — is owned by or licensed to Dos Espadas, LLC and is protected by applicable copyright and intellectual property laws.
Deliverables: Upon receipt of full payment for services, and as specified in the applicable Service Agreement, you will own the final deliverables created specifically for your business. We retain ownership of any proprietary methodologies, tools, templates, and pre-existing intellectual property used to create those deliverables.
Your Content: You represent and warrant that you own or have the right to use all content, trademarks, images, and other materials you provide to us for use in delivering our services.
7. Confidentiality
Both parties agree to keep confidential any non-public, proprietary, or sensitive information shared in the course of the service engagement, and not to disclose such information to third parties without the other party's written consent, except as required by law. This obligation survives termination of the service relationship.
8. Results and Guarantees
Digital marketing results, including search engine rankings, website traffic, lead generation, and revenue outcomes, depend on many factors outside our control. We will apply our best professional skill and effort to achieve your goals.
We do not guarantee specific rankings, traffic levels, lead volumes, or revenue outcomes. Any projections or estimates we provide are for planning purposes only and do not constitute a guarantee of performance.
9. Termination of Services
By Client: You may terminate a monthly service plan with thirty (30) days' written notice. Fees for any services rendered prior to the termination date are non-refundable.
By Company: We reserve the right to terminate or suspend services immediately if: (a) Client fails to make payment when due after written notice; (b) Client engages in conduct that is unlawful, abusive, or harmful; or (c) Client materially breaches any term of the Service Agreement and fails to cure the breach within ten (10) days of written notice.
Upon termination, we will provide you with any deliverables completed and paid for up to that point, and will cooperate reasonably in transitioning services to another provider.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOS ESPADAS, LLC AND ITS MEMBERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total cumulative liability to you for any claims arising out of or related to our services shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Dos Espadas, LLC and its members, officers, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our website or services; (b) any content you provide to us; (c) your violation of these Terms; or (d) your violation of any third-party rights.
12. Third-Party Services
In the course of delivering services, we may utilize or recommend third-party platforms and tools. Your use of any third-party services is subject to those providers' own terms and privacy policies. We are not responsible for the acts or omissions of any third-party service provider.
13. Disclaimer of Warranties
OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall first be subject to good-faith negotiation between the parties. If negotiation fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings to take place in Tarrant County, Texas.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. When we do, we will update the "Effective Date" at the top of this page. Your continued use of our website or services after any changes constitutes your acceptance of the revised Terms.
16. Entire Agreement
These Terms, together with any applicable Service Agreement or Statement of Work, constitute the entire agreement between you and Two Swords Digital Solutions with respect to its subject matter and supersede all prior agreements, understandings, and representations. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
17. Contact Us
If you have any questions about these Terms of Service, please contact us:
Two Swords Digital Solutions
Dos Espadas, LLC
Mansfield, Texas — Serving the DFW Metroplex
Email: robert@twoswordsdigital.com
Phone: 972-891-9323