Terms of Service

1. Overview

Siberden (“Siberden,” “we,” “us,” or “our”) provides digital business growth services, including website development, AI automation, branding, SEO, custom software, mobile application development, digital strategy, and related technology services.

These Terms apply to all visitors, clients, customers, businesses, users, and others who access or use our website or Services.

If you are using the Services on behalf of a business, company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” refers to both you individually and the entity you represent.

2. Eligibility

You must be at least 18 years old to use our Services.

• You are at least 18 years old.
• You have the legal authority to enter into these Terms.
• Any information you provide to us is accurate, current, and complete.
• Your use of the Services will comply with applicable laws and regulations.

3. Use of the Website and Services

You agree to use Siberden.com and our Services only for lawful purposes and in accordance with these Terms.

We reserve the right to suspend or terminate access to the Services if we believe you have violated these Terms or applicable law.

• Do not use the Services for illegal, fraudulent, deceptive, harmful, or abusive purposes.
• Do not violate any applicable law, regulation, or third-party right.
• Do not interfere with or disrupt the operation, security, or performance of the website or Services.
• Do not attempt to gain unauthorized access to our systems, accounts, networks, software, or data.
• Do not copy, reverse engineer, decompile, modify, or create derivative works from any part of our software, tools, designs, systems, or proprietary materials unless expressly permitted in writing.
• Do not use the Services to send spam, unlawful marketing messages, misleading communications, or unauthorized SMS, email, or phone campaigns.
• Do not upload or transmit malware, malicious code, viruses, or harmful content.
• Do not misrepresent your identity, business, products, services, or affiliation with Siberden.
• Do not use the Services in a way that could damage Siberden’s reputation, systems, clients, or business.

4. Client Responsibilities

You are responsible for providing accurate, complete, and timely information needed for us to perform the Services.

You are responsible for ensuring that any materials you provide to Siberden do not infringe any third-party rights and comply with applicable laws.

You are also responsible for reviewing and approving deliverables, including websites, software, automations, AI outputs, marketing copy, SEO content, ads, forms, and integrations before publishing or using them in your business.

• Business information
• Brand assets
• Website content
• Product or service descriptions
• Login credentials or platform access
• Images, videos, copy, logos, or other materials
• Legal policies, disclaimers, or compliance requirements specific to your business
• Feedback and approvals during the project

5. Compliance With Laws

You are solely responsible for ensuring that your business, website, campaigns, products, services, communications, data collection, and customer interactions comply with all applicable laws and regulations.

Siberden provides technology, design, marketing, automation, and business support services. We do not provide legal, tax, accounting, financial, medical, or regulatory advice.

You should consult qualified professionals for advice specific to your business and jurisdiction.

• Privacy laws
• Consumer protection laws
• Advertising and marketing laws
• SMS, email, and telemarketing laws
• Accessibility requirements
• Tax laws
• Industry-specific regulations
• Data protection obligations
• Terms and policies of third-party platforms you use

6. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy.

You are responsible for obtaining all necessary permissions, consents, and legal rights before providing personal information, customer data, business data, or third-party data to Siberden.

If we process data on your behalf, such as through a website, form, CRM, automation, chatbot, AI tool, or custom software system, you remain responsible for your own privacy notices, customer consents, data subject requests, retention obligations, and compliance with applicable privacy laws.

You agree not to provide sensitive personal information unless it is necessary, lawful, authorized, and appropriate for the Services.

7. AI and Automation Services

Some Siberden Services may include artificial intelligence, machine learning, chatbots, workflow automation, content generation, business analysis, lead follow-up, or other automated tools.

AI and automation features may produce incomplete, inaccurate, outdated, unexpected, or inappropriate results. You are responsible for reviewing, approving, testing, and monitoring all AI-generated or automated outputs before relying on them or using them with customers.

Siberden does not guarantee that AI-generated content, recommendations, or automations will be accurate, compliant, profitable, error-free, or suitable for your specific use case.

• Do not use AI or automation Services to make unlawful, discriminatory, or harmful decisions.
• Do not use AI or automation Services to generate or distribute false, deceptive, defamatory, infringing, or illegal content.
• Do not use AI or automation Services to provide medical, legal, financial, or other professional advice without proper review by qualified professionals.
• Do not use AI or automation Services to send unauthorized marketing, spam, or communications.
• Do not process sensitive personal data without appropriate consent and safeguards.
• Do not mislead users into believing they are communicating with a human when disclosure is required by law.

8. Communication Services

If the Services include email, SMS, phone calls, chat, lead follow-up, CRM automations, or other communication tools, you are solely responsible for ensuring that all communications comply with applicable laws and platform rules.

Siberden may help configure communication systems, but you are responsible for the content, timing, recipients, legal basis, and compliance of all communications sent by or on behalf of your business.

• Obtaining proper consent before contacting recipients
• Maintaining records of consent
• Honoring opt-out and unsubscribe requests
• Avoiding spam, deceptive, or unlawful messages
• Complying with SMS, email, telemarketing, and advertising laws
• Registering phone numbers, campaigns, or sender identities where required
• Ensuring your message content is accurate and lawful

9. Third-Party Services

Our Services may rely on or integrate with third-party platforms, software, tools, APIs, hosting providers, payment processors, analytics tools, CRM systems, AI providers, advertising platforms, domain registrars, email providers, SMS providers, and other services.

Your use of third-party services may be subject to separate terms, privacy policies, fees, restrictions, and availability.

Siberden is not responsible for third-party services, including their downtime, errors, pricing changes, data loss, policy changes, account suspensions, security incidents, or discontinued features.

You are responsible for maintaining your own third-party accounts, subscriptions, billing, credentials, permissions, and compliance obligations unless otherwise agreed in writing.

• Website hosting
• Domain management
• Email delivery
• SMS messaging
• Analytics
• CRM
• Scheduling
• Payments
• AI processing
• Advertising
• Automation
• Security
• Cloud storage

10. Payments, Fees, and Billing

Fees for Siberden Services will be described in a proposal, invoice, checkout page, subscription plan, statement of work, written agreement, or other written communication.

You agree to pay all fees when due. Unless otherwise stated in writing, all fees are in U.S. dollars.

You are responsible for providing accurate billing information and keeping payment methods current.

If payment fails, is delayed, disputed, reversed, or charged back, we may suspend or stop Services until payment is resolved.

• One-time project fees
• Monthly subscription fees
• Hosting or maintenance fees
• AI, automation, or usage-based fees
• Third-party software or platform fees
• Setup fees
• Consulting fees
• Add-on service fees
• Ongoing support fees

11. Subscriptions and Auto-Renewal

Some Services may be billed on a recurring basis, such as monthly or annual subscriptions.

By purchasing a recurring Service, you authorize Siberden or our payment processor to charge your payment method automatically at each billing interval until the subscription is canceled.

Subscription fees are billed in advance unless otherwise stated.

You are responsible for canceling subscriptions before the next billing date if you do not want to be charged again.

12. Cancellations

Cancellation terms may vary depending on the specific Service, proposal, subscription, or written agreement.

Unless otherwise stated in writing, you may cancel recurring Services by contacting Siberden. Cancellation does not automatically entitle you to a refund. You are responsible for fees incurred before cancellation.

Work already performed, setup fees, strategy fees, design fees, development fees, consulting fees, and third-party costs are generally non-refundable.

If a project is canceled after work has started, you may be responsible for payment for all work completed, time spent, third-party costs incurred, and any non-cancelable commitments.

13. Refunds

Unless otherwise required by law or expressly agreed in writing, all payments to Siberden are non-refundable.

Siberden may issue a refund, credit, or partial credit at our sole discretion, but doing so in one situation does not require us to do so in the future.

• Setup fees
• Strategy fees
• Consulting fees
• Website design or development fees
• Branding fees
• SEO fees
• Software development fees
• AI automation fees
• Monthly subscription fees
• Maintenance fees
• Third-party costs
• Partially used Services
• Unused Services after work has begun

14. Taxes

Fees do not include applicable taxes unless stated otherwise.

You are responsible for any taxes, duties, levies, or government assessments associated with your purchase or use of the Services, except for taxes based on Siberden’s income.

Where required, we may collect and remit applicable taxes.

You are responsible for your own business tax obligations, including taxes related to your products, services, sales, customers, and transactions.

15. Project Timelines and Client Delays

Siberden may provide estimated timelines for projects, deliverables, launches, migrations, automations, or other Services.

Timelines are estimates only and may depend on timely client feedback, client approvals, availability of required materials, third-party platform performance, technical complexity, scope changes, payment status, and unexpected technical or business issues.

Siberden is not responsible for delays caused by missing content, delayed approvals, third-party services, client-side issues, or changes requested after the project begins.

16. Scope Changes

The scope of a project or Service will be based on the applicable proposal, invoice, written agreement, or statement of work.

Any work outside the agreed scope may require additional fees and timeline adjustments.

Siberden may decline out-of-scope work or require a new quote before proceeding.

• Additional pages
• New features
• Extra revisions
• New integrations
• Design changes after approval
• Additional automation flows
• New copywriting requests
• Migration work
• Emergency support
• Custom functionality not included in the original agreement

17. Client Content and Materials

You retain ownership of content, data, logos, trademarks, images, videos, documents, business information, and other materials you provide to Siberden.

By providing materials to Siberden, you grant us a limited license to use, reproduce, modify, display, and process those materials only as necessary to provide the Services.

You represent and warrant that you have all rights, licenses, permissions, and consents necessary for us to use the materials you provide.

You are solely responsible for the accuracy, legality, and appropriateness of your content.

18. Intellectual Property

Unless otherwise agreed in writing, Siberden owns all rights, title, and interest in our pre-existing materials, methods, templates, frameworks, tools, software components, code libraries, processes, designs, know-how, documentation, and proprietary systems.

Upon full payment, you may receive ownership or a license to the final deliverables specifically created for you, depending on the applicable proposal, invoice, or written agreement.

However, Siberden retains the right to reuse general knowledge, skills, ideas, processes, templates, frameworks, components, and non-client-specific materials developed or used during the project.

You may not copy, resell, redistribute, license, reverse engineer, or commercially exploit Siberden’s proprietary tools, systems, templates, source files, or processes unless we expressly agree in writing.

19. Portfolio and Marketing Use

Unless you request otherwise in writing, you allow Siberden to reference your business name, logo, project, website, screenshots, results, testimonials, or general project description in our portfolio, case studies, website, proposals, social media, or marketing materials.

We will not intentionally disclose confidential business information in public marketing materials without permission.

20. Feedback

If you provide suggestions, ideas, comments, reviews, testimonials, or feedback about Siberden or the Services, you grant us the right to use that feedback without restriction or compensation.

We may use feedback to improve our Services, create marketing materials, develop new features, or improve our business.

21. Confidentiality

During the course of providing Services, either party may receive confidential or non-public information from the other party.

Each party agrees to use reasonable care to protect confidential information and not disclose it to third parties except as necessary to perform the Services, comply with law, or with permission.

Confidential information does not include information that is publicly available, already known, independently developed, or lawfully received from another source.

22. Security

We use reasonable administrative, technical, and organizational measures designed to protect systems and data.

However, no system, website, software, network, or transmission method is completely secure.

You are responsible for maintaining the security of your own accounts, passwords, platforms, devices, third-party tools, and user access.

If we provide you with login credentials or access to a system, you are responsible for keeping those credentials confidential.

23. Support and Maintenance

Support and maintenance are only included if stated in your proposal, subscription, agreement, or invoice.

Siberden may offer additional support, maintenance, or consulting for an additional fee.

• New feature development
• Major redesigns
• Third-party platform issues
• Emergency support
• Custom development outside the original scope
• Fixes caused by client edits or third-party changes
• Training beyond the agreed scope

24. No Guarantee of Results

Siberden may provide business growth, marketing, SEO, automation, AI, website, branding, and software services. However, we do not guarantee specific results.

Business outcomes depend on many factors outside our control, including your offer, market, budget, competition, operations, customer service, pricing, reputation, and ongoing execution.

• Increased revenue
• Increased traffic
• Search engine rankings
• Lead generation volume
• Conversion rates
• Sales results
• Ad performance
• Customer acquisition
• Business profitability
• Error-free AI outputs
• Uninterrupted website or software performance

25. Disclaimers

The website and Services are provided on an “as is” and “as available” basis unless otherwise stated in writing.

To the fullest extent permitted by law, Siberden disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, and error-free operation.

Some jurisdictions do not allow certain warranty exclusions, so some limitations may not apply to you.

• We do not guarantee that the website or Services will always be available, secure, uninterrupted, or error-free.
• We do not guarantee that defects will always be corrected.
• We do not guarantee that the Services will meet every expectation or requirement.
• We do not guarantee that third-party services will remain available or compatible.
• We do not guarantee that AI-generated or automated outputs will be accurate, complete, or compliant.
• We do not guarantee that websites, software, or automations will be immune from bugs, downtime, attacks, or data loss.

26. Limitation of Liability

To the fullest extent permitted by law, Siberden will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, including loss of profits, revenue, data, goodwill, business opportunity, or business interruption.

Siberden’s total liability for any claim arising out of or relating to the Services or these Terms will not exceed the amount you paid to Siberden for the specific Service giving rise to the claim during the three months before the event giving rise to liability.

If you used free Services or free content, Siberden’s total liability will be limited to $100.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

27. Indemnification

You agree to defend, indemnify, and hold harmless Siberden, its owners, employees, contractors, partners, service providers, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the website or Services.

• Your business, products, services, customers, or communications
• Your violation of these Terms
• Your violation of applicable law
• Your violation of third-party rights
• Materials or content you provide to us
• Your use of AI, automation, SMS, email, CRM, websites, software, or third-party platforms
• Your failure to obtain required consents or permissions
• Your customer disputes, refunds, chargebacks, or legal claims
• Your misuse of the Services

28. Suspension and Termination

We may suspend or terminate your access to the Services at any time if you violate these Terms, fail to pay fees when due, misuse the Services, create legal, security, reputational, or operational risk, or if continuing the Services becomes impractical or commercially unreasonable.

Upon termination, your right to use the Services will stop immediately.

Termination does not relieve you of payment obligations incurred before termination.

Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution.

29. Third-Party Links and Content

Siberden.com or the Services may contain links to third-party websites, tools, platforms, services, or content.

We do not control and are not responsible for third-party websites, services, content, policies, security, availability, or practices.

Your use of third-party websites or services is at your own risk.

30. Copyright and Intellectual Property Complaints

If you believe that content on Siberden.com or in our Services infringes your copyright or intellectual property rights, you may contact us at hello@siberden.com.

Please include your full name and contact information, a description of the copyrighted work or intellectual property, a description or link to the allegedly infringing material, a statement that you believe in good faith that the use is unauthorized, a statement that the information you provide is accurate, and your physical or electronic signature.

We may remove or disable access to allegedly infringing content where appropriate.

31. Changes to the Services

We may update, modify, suspend, discontinue, or replace any part of the website or Services at any time.

We are not liable for changes, interruptions, discontinued features, third-party changes, pricing changes, or unavailable functionality.

32. Changes to These Terms

We may update these Terms from time to time.

When we make changes, we will update the “Last Updated” date above.

Your continued use of the website or Services after updated Terms are posted means you accept the updated Terms.

33. Governing Law

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles.

If your business address, legal entity, or primary operations are located in another jurisdiction and Siberden agrees in writing, a different governing law may apply.

34. Dispute Resolution

Before filing any legal claim, you agree to first contact Siberden at hello@siberden.com and attempt to resolve the dispute informally.

If the dispute cannot be resolved informally, any claim or dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in New Jersey, unless a separate written agreement requires arbitration or another dispute resolution process.

You agree to bring any claim only in your individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative action, to the fullest extent permitted by law.

35. No Waiver

If Siberden does not enforce a provision of these Terms, that does not mean we waive the right to enforce it later.

36. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect.

37. Entire Agreement

These Terms, together with our Privacy Policy and any applicable proposal, invoice, statement of work, or written agreement, form the entire agreement between you and Siberden regarding the Services.

If there is a conflict between these Terms and a signed written agreement, the signed written agreement will control for that specific Service.

38. Contact Us

If you have questions about these Terms, please contact us:

Siberden

Website: https://www.siberden.com

Email: hello@siberden.com

If Siberden operates under a registered legal entity, business address, or additional legal contact email, that information should be added here before publication.