Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute an agreement between Sixty8 Inc. ("Sixty8," "Company," "we," "us," or "our") and the individual or entity accessing or using our Services ("Client," "you," or "your").

By accessing our website, creating or using a Client Portal account, approving a proposal, executing an agreement, purchasing Services, subscribing to or using Leverage, or otherwise using our Services, you acknowledge that you have read, understood, and agree to these Terms to the extent applicable to your relationship with Sixty8.

If you are accepting these Terms on behalf of a business or other organization, you represent that you have authority to bind that organization.

Certain Sixty8 services, programs, and engagement paths are governed by supplemental terms in addition to these Terms. Supplemental terms may include, without limitation, the Kickstart Service Terms, Leverage Service Terms, Referral Program Terms, project-specific agreements, and other written terms presented for a particular service or program.

By participating in or purchasing a service or program governed by supplemental terms, you also agree to those supplemental terms to the extent applicable to that relationship.

Definitions

Scope of Services

Sixty8 may provide services including:

• Graphic design and visual communications;
• Branding and identity development;
• Website and user-interface design;
• Website development and implementation;
• WordPress and Divi development;
• E-commerce development;
• Custom software and application development;
• Plugins, modules, APIs, dashboards, and databases;
• Custom payment gateway and payment API integration;
• Artificial intelligence integration;
• Generative AI and computer-vision systems;
• Automation and workflow development;
• AI-assisted business execution and managed AI services;
• AI agents and autonomous or supervised workflows;
• Human-assisted and hybrid AI execution services;
• Referral-program administration and related incentive programs;
• Subscription-based software and managed-service platforms;
• Connected-system administration and authorized remote execution;
• Augmented-reality experiences;
• Cloud, hosting, infrastructure, and deployment services;
• Maintenance and technical support;
• Technical, product, and business consulting; and
• Other custom digital services identified in a Project Agreement, subscription, order, or Supplemental Service or Program Terms.

Availability, pricing, scope, Deliverables, usage allowances, subscription features, human-support capacity, integrations, permissions, and specifications may differ by project, service, subscription plan, or applicable Supplemental Service Terms.

Project Agreements, Supplemental Terms & Order of Precedence

Individual projects, products, subscriptions, platforms, or Services may be governed by one or more Project Agreements, Supplemental Service or Program Terms, orders, Statements of Work, subscription agreements, or other written terms specific to that relationship.

Supplemental Service or Program Terms may apply to particular Sixty8 products, Services, programs, or incentive structures, including Kickstart, Leverage, and the Sixty8 Referral Program.

If an express conflict exists between these Terms and a duly executed Project Agreement or applicable Supplemental Service Terms, the more specific terms will control with respect to that conflict.

A pricing page, marketing page, demonstration, estimate, proposal discussion, or other general description does not modify these Terms unless expressly incorporated into a written agreement.

Fees, Deposits & Payment

Fees, deposits, retainers, milestone payments, subscription fees, recurring charges, usage-based charges, human-service charges, financing arrangements, and other payment terms will be identified in the applicable Project Agreement, Supplemental Service or Program Terms, subscription agreement, order, invoice, checkout process, or Client Portal.

Certain Services may automatically renew or bill on a recurring basis. Applicable billing cycles, renewal terms, cancellation rights, usage allowances, and additional-service rates will be disclosed through the applicable order, subscription process, Supplemental Service Terms, or Client Portal.

Unless otherwise agreed in writing, the Client is responsible for third-party expenses required for the project or Services, including hosting, domain registration, software licenses, premium plugins, cloud services, APIs, payment processors, stock assets, fonts, advertising, and similar services.

Sixty8 may pause Services or withhold deployment, credentials, files, licenses, access, or final Deliverables when undisputed amounts are past due, subject to applicable law and any controlling agreement.

Deposits or other payments identified as non-refundable in an applicable agreement will be treated accordingly to the extent permitted by applicable law.

Referral Rewards & Commissions

Referral commissions, service credits, service grants, staff referral rewards, sales commissions, eligibility requirements, qualifying-revenue rules, reward caps, and payout timing are governed by the applicable Referral Program Terms or a separate written compensation agreement. Submission of a referral does not by itself create a right to payment, credit, grant value, employment, or sales-tier status.

Investment, Financing & Participation Arrangements

Sixty8 may, in its discretion, offer alternative project structures in which Sixty8 contributes capital, labor, services, technology, or other resources in exchange for equity, ownership interests, revenue participation, royalties, repayment rights, licensing rights, or other economic consideration.

Any investment, financing, equity, ownership, revenue-sharing, royalty, or similar arrangement exists only when expressly documented in a separate written agreement executed by the applicable parties.

Estimates or calculator results displayed on our website are informational and do not constitute an offer, commitment, loan approval, valuation, securities offering, guarantee of funding, or final financing terms.

Client Responsibilities

The Client is responsible for:

• Providing accurate and complete project and account information;
• Providing required content, files, credentials, and access;
• Obtaining appropriate rights to Client Content;
• Providing timely decisions, approvals, and feedback;
• Reviewing proofs, builds, configurations, and Deliverables;
• Maintaining appropriate backups unless backup services are expressly included;
• Testing project functionality within the agreed acceptance period;
• Maintaining appropriate licenses and third-party accounts;
• Complying with laws applicable to the Client's business and use of Deliverables or Services;
• Protecting passwords, API keys, private keys, tokens, and credentials under the Client's control; and
• Ensuring that Client instructions involving third-party accounts or Connected Systems are properly authorized;
• Providing referral or introduction information only where the Client or participant has a reasonable and lawful basis to make the introduction; and
• Not misrepresenting referral ownership, eligibility, authority, or a referred party's relationship with Sixty8.

Delays caused by missing information, approvals, access, content, credentials, or other Client dependencies may affect project schedules, service execution, and delivery dates.

Graphic Design & Creative Services

Creative Services may include branding, logos, identity systems, advertising, social graphics, interfaces, illustrations, print materials, presentations, marketing materials, and related work.

Revision rounds, concepts, formats, and Deliverables are limited to those identified in the applicable Project Agreement. Work requested beyond the approved scope may constitute additional Services.

Client approval of a final proof or Deliverable indicates approval of visible content, spelling, layout, and design elements reasonably apparent during review.

Stock images, fonts, music, software, templates, and other third-party materials remain subject to their applicable licenses.

Website Design & Development

Website Services may include planning, UI/UX design, WordPress, Divi, custom themes, plugins, APIs, e-commerce, integrations, databases, hosting configuration, deployment, and related Services.

Unless expressly included in the Project Agreement, subscription plan, or Supplemental Service or Program Terms, ongoing maintenance, accessibility auditing, legal compliance review, search-engine optimization, cybersecurity monitoring, content updates, backups, third-party subscription fees, and future compatibility work are not included.

Browser vendors, operating systems, WordPress, Divi, plugins, APIs, hosting providers, and other third-party technology may change after delivery. Future remediation or compatibility work may require additional Services.

Sixty8 does not guarantee any particular search-engine ranking, advertising result, conversion rate, traffic level, sales result, or business outcome.

Custom Software Development

Custom Software may include applications, SaaS products, plugins, modules, APIs, databases, dashboards, automation, middleware, backend systems, mobile or progressive web applications, and related technologies.

Specifications

Software will be developed substantially according to the specifications, requirements, prototypes, or Statements of Work approved for the project.

Defects vs. New Features

A defect generally means reproducible behavior that materially fails to conform to an expressly agreed specification. A request for functionality that was not included in the approved specification is generally a change request or new feature.

Dependencies

Software may rely on operating systems, frameworks, libraries, cloud platforms, APIs, databases, open-source software, and other third-party dependencies. Sixty8 does not control future changes made by those providers.

Custom Payment Gateway Integration

Unless expressly agreed otherwise, Sixty8 is not the Client's bank, merchant acquirer, card network, payment processor, settlement institution, lender, or financial institution.

The Client remains responsible for obtaining and maintaining its merchant accounts, processor approvals, financial accounts, required disclosures, transaction policies, and compliance obligations applicable to its business.

Sixty8 does not guarantee merchant approval, transaction approval, processor availability, settlement timing, chargeback outcomes, fraud-screening outcomes, or continued availability of any payment API.

Payment integrations may be subject to security, technical, contractual, network, and compliance requirements imposed by payment providers and applicable standards.

Unless specifically included in writing, Sixty8 does not assume responsibility for the Client's ongoing payment security compliance, merchant compliance program, chargeback management, tax obligations, refund practices, or transaction-monitoring obligations.

Artificial Intelligence & AI Integration

AI Services may involve third-party or locally operated machine-learning models, generative AI, language models, computer vision, classification systems, recommendation systems, assistants, agents, autonomous or supervised workflows, AI-assisted execution, automation, or related technologies.

AI Outputs

Artificial intelligence systems are probabilistic. Generated responses, predictions, classifications, recommendations, summaries, code, images, or other output may be incomplete, inaccurate, inconsistent, or inappropriate for a particular purpose.

Clients are responsible for applying appropriate human review before relying on AI output, particularly where an output could materially affect legal, financial, employment, medical, safety, security, or other consequential decisions.

AI Actions & Automated Execution

Certain Services may permit AI systems, agents, or automated workflows to interact with Client-authorized systems or perform actions based on Client instructions, permissions, standing rules, workflows, or approvals.

Such actions may include creating or updating records, preparing or sending communications, modifying authorized files, interacting with APIs, updating websites, triggering workflows, coordinating tasks, retrieving information, or performing other actions within the scope authorized by the Client.

Access to a system does not necessarily authorize every available action within that system. Where supported, Clients may configure access, execution permissions, approval requirements, or human-review requirements.

Clients are responsible for establishing authorization and approval levels appropriate to the consequences of the applicable action.

Third-Party AI Providers

Certain AI implementations may transmit Client-authorized information to third-party AI or cloud providers selected for the project or service. Such providers operate under their own terms, privacy policies, data-processing practices, and technical limitations.

Client Data

Sixty8 will handle confidential Client Content used in an AI implementation according to the applicable Project Agreement, Supplemental Service or Program Terms, confidentiality obligations, and Privacy Policy.

Any special restrictions regarding model training, retention, residency, logging, or use of confidential data should be expressly documented in the applicable Project Agreement or other controlling agreement.

Third-Party Services & Integrations

Projects and Services may interact with independent third-party products or services, including hosting platforms, payment processors, cloud providers, AI providers, analytics services, social platforms, communication providers, domain registrars, content-management systems, APIs, plugins, and software libraries.

Where authorized by the Client, Sixty8 Services may establish or maintain connections using OAuth authorization, API credentials, service accounts, access tokens, application permissions, SSH, SFTP, hosting credentials, or other supported access mechanisms.

The Client represents that it has authority to permit Sixty8 to access each Connected System and remains responsible for maintaining the underlying third-party account and any permissions, licenses, subscriptions, or contractual rights required for that access.

Sixty8 does not control third-party services and is not responsible for their independent acts, policies, outages, pricing changes, feature changes, account decisions, security incidents, discontinuation, or contractual requirements.

Client Portal

Sixty8 may provide Clients with access to a Client Portal for project management, files, communications, proposals, invoices, payments, approvals, contracts, support, reports, Leverage functionality, software access, or other Services.

Account Responsibility

Clients are responsible for maintaining the confidentiality of account credentials and for promptly notifying Sixty8 of suspected unauthorized access.

Authorized Users

A business Client is responsible for determining which of its personnel or representatives are authorized to access its account and for promptly requesting removal of access when authorization ends.

Portal Actions

To the extent permitted by applicable law and the applicable Project Agreement or Supplemental Service or Program Terms, actions performed through a properly authenticated Client account may be treated as authorized actions of that account holder or organization.

Portal activity may be logged for security, support, auditing, transaction, execution, and recordkeeping purposes.

Electronic Communications, Approvals & Records

You consent to receiving project- or service-related communications, notices, invoices, approvals, documents, and other business communications electronically where permitted.

Electronic approvals, acceptance actions, authenticated portal actions, approval-gate decisions, and electronic signatures may be used as part of Sixty8's business processes, subject to applicable law and the controlling agreement.

Mutual Confidentiality

Each party may receive or obtain access to non-public, confidential, proprietary, or commercially sensitive information belonging to the other party in connection with the Services.

"Confidential Information" may include, without limitation:

• Business plans and strategies;
• Financial information and pricing;
• Customer, employee, vendor, and partner information;
• Credentials, access tokens, API keys, and security information;
• Source code, software, architecture, infrastructure, and system configurations;
• Workflows, prompts, agents, automation logic, models, methods, and processes;
• Product plans, prototypes, unreleased features, and technical documentation;
• Trade secrets, know-how, research, and proprietary business information;
• Client Content and information obtained from Connected Systems; and
• Any other information that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure.

Mutual Protection Obligations

Each party agrees to use reasonable care to protect the other party's Confidential Information and to use such information only for purposes reasonably related to the parties' business relationship, the provision or receipt of Services, or another purpose authorized by the disclosing party.

Neither party will disclose the other party's Confidential Information to an unauthorized third party except as permitted by these Terms, an applicable agreement, or applicable law.

Each party may disclose Confidential Information to its employees, contractors, professional advisers, service providers, or subprocessors who reasonably need the information for an authorized purpose and who are subject to confidentiality obligations or professional duties appropriate to the information involved.

Exclusions

Confidential Information does not include information that the receiving party can demonstrate:

• Was lawfully known to the receiving party without confidentiality obligations before disclosure;
• Becomes publicly available through no breach of an obligation by the receiving party;
• Is lawfully received from a third party without a duty of confidentiality;
• Is independently developed without use of or reference to the disclosing party's Confidential Information; or
• Is expressly authorized for disclosure by the disclosing party.

Required Disclosure

If a party is legally required to disclose Confidential Information, that party may make the required disclosure. Where legally permitted and reasonably practicable, the receiving party will provide notice to the disclosing party so the disclosing party may seek protective treatment or another appropriate remedy.

Security & Access

Each party will use reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Confidential Information under its control.

The Client is responsible for controlling access to Client-managed accounts and Connected Systems. Sixty8 is responsible for controlling access to Sixty8-managed systems, personnel, and infrastructure.

Return, Deletion & Retention

Upon termination of the applicable relationship or upon reasonable written request, each party will take reasonable steps to return, delete, or discontinue use of the other party's Confidential Information when it is no longer needed, subject to legal, contractual, security, backup, archival, and recordkeeping requirements.

Survival

These confidentiality obligations survive termination of the applicable relationship for so long as the information remains confidential. Trade secrets will remain protected for so long as they qualify for protection under applicable law.

More specific confidentiality obligations contained in a nondisclosure agreement, Project Agreement, Leverage Service Terms, Referral Program Terms, Data Processing Agreement, or other written agreement will control where applicable.

Intellectual Property

Client Content

As between the parties, the Client retains its ownership rights in Client Content. The Client grants Sixty8 the rights reasonably necessary to use Client Content to perform the Services.

The Client represents that it has sufficient rights to provide Client Content for the intended project or service use.

Final Deliverables

Ownership or licensing of final Deliverables will be governed by the applicable Project Agreement and may be conditioned on full payment or satisfaction of other agreed obligations.

Sixty8 Background Technology

Unless expressly transferred in a signed agreement, Sixty8 retains all rights in its pre-existing and independently developed technology, reusable code, frameworks, libraries, utilities, methods, processes, templates, internal tools, algorithms, generic components, development techniques, know-how, agents, automation systems, prompting systems, connectors, and other background intellectual property.

Where Sixty8 background technology is incorporated into a Deliverable, the applicable Project Agreement may grant the Client a license necessary to use the Deliverable without transferring ownership of the underlying background technology.

Third-Party Materials

Third-party and open-source components remain governed by their respective licenses.

Portfolio & Promotional Use

Unless prohibited by a confidentiality obligation, Project Agreement, Supplemental Service or Program Terms, or written Client instruction accepted by Sixty8, Sixty8 may identify completed, publicly released work as part of its portfolio and may display non-confidential portions of that work in case studies, websites, presentations, social media, award submissions, or promotional materials.

Testing, Review & Acceptance

The Client is responsible for reasonably reviewing and testing Deliverables provided for approval or acceptance and reporting reproducible defects within any acceptance period established by the applicable Project Agreement.

Acceptance procedures, warranty periods, testing environments, launch criteria, and remediation obligations may be further defined by the Project Agreement.

Change Requests & Additional Work

Requests materially outside the approved scope or applicable subscription plan may require a change order, revised estimate, new milestone, revised timeline, additional fee, separate Project Agreement, or additional Services charge.

Sixty8 is not required to begin material out-of-scope work until the parties have agreed on the applicable terms.

Hosting, Maintenance & Support

Hosting, backups, monitoring, maintenance, software updates, security updates, technical support, human support capacity, and response commitments are included only to the extent stated in the applicable service plan, Supplemental Service or Program Terms, or Project Agreement.

Scheduled maintenance, emergency maintenance, network failures, cyber incidents, third-party outages, force majeure events, and upstream provider issues may affect availability.

Security

Sixty8 uses administrative, technical, and organizational measures that it considers reasonable and appropriate for the nature of the Services and information involved.

No internet-connected system, transmission method, software application, hosting environment, integration, AI service, or storage system can be guaranteed to be completely secure.

Clients remain responsible for security controls within systems, accounts, infrastructure, users, credentials, and environments under their control unless responsibility has expressly been assigned to Sixty8 in writing.

Prohibited Uses

You may not knowingly use our Services to:

• Violate applicable law;
• Commit or facilitate fraud;
• Distribute malware or malicious code;
• Access systems without authorization;
• Interfere with security controls or system integrity;
• Infringe intellectual-property or privacy rights;
• Conduct unlawful data collection or surveillance;
• Misrepresent identity or authority;
• Facilitate unlawful payment activity;
• Use AI or automation to perform unlawful or prohibited high-impact decisions; or
• Use Sixty8 infrastructure in a manner reasonably likely to damage Sixty8, its providers, Clients, or other users.

Suspension & Termination

Services, subscriptions, integrations, automated workflows, referral-program participation, or account access may be suspended or terminated as provided in a Project Agreement, Supplemental Service or Program Terms, or, where reasonably necessary, in response to nonpayment, material breach, suspected fraud, unlawful use, abuse, material security threats, credential compromise, or conduct that places Sixty8 systems or third parties at substantial risk.

Rights concerning termination fees, data return, transition assistance, licenses, outstanding balances, equity or investment interests, integrations, account disconnection, and post-termination obligations will be governed by the applicable controlling agreement.

Warranties & Disclaimers

Any express warranties applicable to a project or Service will be stated in the applicable controlling agreement.

To the maximum extent permitted by applicable law and except for warranties expressly stated in writing, the Services and website are provided on an "as available" basis without additional warranties, whether express, implied, or statutory.

Sixty8 does not guarantee uninterrupted operation, specific financial results, business success, investor interest, merchant approval, search-engine rankings, advertising performance, AI accuracy, automated-action accuracy, third-party service availability, or that every potential vulnerability or defect will be discovered.

Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the Services, including lost profits, lost revenue, lost business opportunity, business interruption, or loss of data, except to the extent such a limitation is prohibited by law or expressly modified by a controlling agreement.

To the maximum extent permitted by applicable law, Sixty8's aggregate liability arising out of a particular project or Service will not exceed the amount paid to Sixty8 for the Services giving rise to the claim during the twelve months preceding the event giving rise to liability, unless a different limitation is stated in the applicable controlling agreement.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

Indemnification

To the extent permitted by applicable law, the Client agrees to defend, indemnify, and hold harmless Sixty8 and its officers, employees, contractors, and affiliates from third-party claims arising from Client Content, the Client's unlawful use of Deliverables or Services, the Client's material breach of these Terms, unauthorized instructions involving third-party systems, or the Client's violation of third-party intellectual-property or privacy rights, except to the extent the claim results from Sixty8's own conduct for which indemnification may not lawfully be required.

Project Agreements and Supplemental Service or Program Terms may contain additional or reciprocal indemnification provisions.

Governing Law & Dispute Resolution

These Terms and disputes arising from them will be governed by the laws of the State of IOWA, without regard to its conflict-of-law principles, except where applicable law requires otherwise.

Subject to any dispute-resolution process contained in an applicable controlling agreement, the parties agree that proceedings concerning these Terms will be brought in the state or federal courts located in JACKSON COUNTY, IOWA, and each party consents to the jurisdiction of those courts, except where such a provision is prohibited by applicable law.

General Terms

Changes

We may update these Terms from time to time. The revised version will display an updated effective date and version where appropriate.

Severability

If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

No Waiver

A failure to enforce a provision does not automatically waive the right to enforce it later.

Assignment

Neither party may assign a Project Agreement in violation of its applicable assignment terms. Sixty8 may assign these Terms in connection with a merger, acquisition, corporate reorganization, or transfer of substantially all applicable business assets, subject to applicable law.

Entire Agreement

These Terms, together with any applicable Supplemental Service or Program Terms, Project Agreements, proposals, subscription agreements, orders, Statements of Work, approved change orders, compensation agreements, and other controlling written agreements, constitute the agreement concerning their respective subject matter and supersede prior inconsistent representations concerning that subject matter.

Contact Information

Questions regarding these Terms, applicable supplemental service terms, or program terms may be directed to:

Sixty8 Inc.
115 W Pleasant St.
Suite 7
Maquoketa, Iowa 52060
United States

Legal: legal@sixty8inc.com
Support: support@sixty8inc.com