Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Digital Red Eyes ("Company," "we," "our," or "us"), a website interface analysis and usability consulting company. By engaging our services, accessing our website, or entering into a service agreement with us, you agree to be bound by these Terms in their entirety. Please read them carefully before proceeding.

If you do not agree to these Terms, you may not use our services. These Terms constitute a legally binding agreement between you and Digital Red Eyes.

1. Description of Services

Digital Red Eyes provides website interface analysis and usability consulting services exclusively. Our services are advisory and analysis-focused in nature. All deliverables produced by Digital Red Eyes are informational and consultative reports intended to assist clients in making informed decisions about their digital interfaces.

Our services include, but are not limited to:

• Website Usability Assessments — analysis of navigation usability, interface element logic, and user experience recommendations
• Interface Review and Recommendations — comprehensive review of web interface structure and written optimization guidance
• Content Accessibility Evaluations — analysis of text and visual content clarity, page structure assessment, and comprehension recommendations
• Navigation Structure Consulting — evaluation of menu effectiveness, user path analysis, and interaction sequence review

Digital Red Eyes does not provide, and these Terms do not cover, software development, website building or coding, website hosting or server management, cybersecurity services or penetration testing, payment processing or financial services, management or administration of client information systems, or any service not explicitly described in an executed service agreement.

2. Eligibility and Account Requirements

To engage our services, you must be at least 18 years of age and have the legal authority to enter into contracts on behalf of yourself or the organization you represent. By using our services, you represent and warrant that you meet these requirements.

You are responsible for ensuring that any information you provide to us in connection with a service engagement is accurate, complete, and up to date. Providing false or misleading information may result in termination of our agreement without refund.

3. Service Agreements and Scope

All services are provided pursuant to a written service agreement or statement of work ("SOW") executed between you and Digital Red Eyes. The SOW will define the specific services to be performed, the deliverables, timelines, fees, and any other relevant terms specific to your engagement.

Any work or services outside the defined scope of an executed SOW are not covered by these Terms or by any associated agreement unless separately agreed upon in writing. Digital Red Eyes reserves the right to decline any request outside the agreed scope or to provide a separate proposal for additional work.

4. Fees and Payment

Fees for our services are set forth in the applicable SOW. Published starting prices on our website represent minimum engagement thresholds and may increase based on scope, complexity, the number of pages or interfaces to be analyzed, or other factors determined during scoping.

Unless otherwise agreed in writing, the following payment terms apply:

• Fifty percent (50%) of the total engagement fee is due upon execution of the SOW
• The remaining fifty percent (50%) is due upon delivery of the final report or deliverable
• Invoices are payable within fourteen (14) calendar days of issuance
• Late payments may incur a fee of 1.5% per month on the outstanding balance
• Digital Red Eyes reserves the right to suspend work on an engagement if payment is more than fourteen (14) days past due

All fees are quoted and payable in United States Dollars (USD). Digital Red Eyes does not currently accept payment in any other currency without prior written agreement.

5. Intellectual Property

All reports, documents, analyses, frameworks, methodologies, templates, and other materials created by Digital Red Eyes in the course of an engagement are the intellectual property of Digital Red Eyes until full payment has been received. Upon receipt of full payment, Digital Red Eyes grants the client a non-exclusive, non-transferable license to use the deliverables for internal business purposes related to the website or interface that was the subject of the engagement.

Clients may not resell, sublicense, distribute, or publicly disclose the specific findings, methodologies, or proprietary frameworks contained in our reports without prior written consent from Digital Red Eyes.

Digital Red Eyes retains the right to reference the general nature of engagements (without disclosing confidential client information) for marketing and portfolio purposes, unless you request in writing that we not do so.

6. Confidentiality

Digital Red Eyes treats all client information shared in connection with an engagement as confidential. We will not disclose your proprietary business information, interface designs, analytics data, or other confidential materials to third parties without your prior written consent, except as required by law.

You acknowledge that our methodologies, proprietary analytical frameworks, internal processes, and unpublished research are the confidential information of Digital Red Eyes and agree not to disclose or reproduce them without our written consent.

7. Disclaimer of Warranties

The services provided by Digital Red Eyes are advisory in nature. Our reports and recommendations are based on our professional analysis and judgment at the time of the engagement. Digital Red Eyes does not warrant that implementing our recommendations will achieve any specific business result, increase in conversion rate, improvement in user satisfaction, or any other outcome.

To the fullest extent permitted by applicable law, our services are provided "as is" and "as available" without any warranty of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Digital Red Eyes shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of revenue, loss of business, loss of data, or loss of goodwill, arising out of or in connection with our services or these Terms, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any claim arising out of or relating to our services or these Terms shall not exceed the total fees paid by you to Digital Red Eyes in the three (3) months immediately preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Digital Red Eyes and its officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your breach of these Terms, your use of our services in a manner inconsistent with any applicable SOW, or any third-party claims arising from your implementation or non-implementation of our recommendations.

10. Termination

Either party may terminate an engagement upon thirty (30) days' written notice. In the event of termination, you are responsible for payment of all fees for work completed up to the date of termination, plus any non-cancellable costs incurred by Digital Red Eyes in connection with the engagement.

Digital Red Eyes may terminate an engagement immediately and without notice if you fail to pay any invoiced amount when due, if you materially breach these Terms or any SOW, or if you engage in any conduct that we reasonably determine to be harmful to our business or reputation.

11. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to our services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Arapahoe County, Colorado, and you consent to personal jurisdiction and venue in such courts.

12. Modifications to Terms

Digital Red Eyes reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date at the top of this page and, where practicable, by notifying clients with active engagements directly. Your continued use of our services following any such modification constitutes your acceptance of the revised Terms.

13. Entire Agreement

These Terms, together with any executed SOW or service agreement, constitute the entire agreement between you and Digital Red Eyes with respect to the subject matter hereof and supersede all prior negotiations, representations, or agreements relating to such subject matter.