Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Trionyx Collective website and the digital strategy and creative advisory services we provide. By using our website or engaging us, you agree to these Terms. Please read them carefully; where a signed engagement agreement exists between us, that agreement controls to the extent it conflicts with these Terms.
1. Acceptance of Terms
By accessing this website, requesting a proposal, or entering into an engagement with Trionyx Collective, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you are agreeing on behalf of a company or other entity, you represent that you have the authority to bind that entity. If you do not agree, please do not use the website or our services.
2. Description of Services
Trionyx Collective provides advisory and creative services that may include digital strategy consulting, UI/UX design advisory, SEO strategy development, content strategy and planning, digital copywriting, and digital brand and creative advisory. Our services are advisory in nature. Unless expressly stated in a written agreement, we deliver strategy, recommendations, plans, and creative materials rather than guaranteed commercial outcomes.
3. Engagements, Proposals, and Estimates
Prices shown on our website are indicative starting points and may vary based on scope, complexity, timeline, and the specific requirements of your project. A binding engagement begins only when both parties agree in writing on scope, fees, and timing through a proposal, statement of work, or order confirmation. Estimates are provided in good faith and are not fixed quotations unless described as such in writing.
4. Client Responsibilities
Good advisory work depends on good inputs. You agree to provide accurate information, timely feedback, necessary access, and the approvals required for us to perform. Delays or incomplete information on your side may affect timelines and costs. You are responsible for ensuring that materials you provide to us do not infringe the rights of any third party and that you have the authority to share them with us.
5. Fees and Payment
Fees, payment schedules, and any applicable taxes are set out in the relevant proposal or statement of work. Unless otherwise agreed, invoices are due on the terms stated on the invoice. Late payments may pause work and may incur reasonable charges permitted by law. Our detailed billing, cancellation, and refund practices are described in our Payment, Cancellation & Refund Policy, which forms part of these Terms.
6. Intellectual Property
Subject to full payment, final deliverables produced specifically for you under an engagement are assigned or licensed to you as described in the applicable agreement. We retain ownership of our pre-existing materials, methodologies, frameworks, know-how, and any general tools or templates we use to perform our work, together with the right to reuse skills and experience gained. Unless otherwise agreed, we may describe the general nature of our work for portfolio and marketing purposes without disclosing your confidential information.
7. Confidentiality
Each party may receive confidential information from the other. Both parties agree to protect such information, to use it only for the purposes of the engagement, and not to disclose it to third parties except to those who need to know it and are bound by comparable obligations, or as required by law. These obligations survive the end of the engagement.
8. Acceptable Use of the Website
You agree not to misuse the website, including by attempting to gain unauthorized access, interfering with its operation, introducing malicious code, scraping content at scale without permission, or using the site in violation of applicable law. We may suspend or restrict access to protect the website, our clients, or other users.
9. Third-Party Services and Links
Our recommendations may involve third-party platforms, tools, or vendors. We are not responsible for the performance, availability, terms, or policies of third parties, and your use of them is governed by their own agreements. Any links on our website are provided for convenience and do not imply endorsement.
10. Disclaimers
Our website and, except as expressly agreed in writing, our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted or error-free, or that our advice will achieve any particular commercial result. Additional context appears in our Professional Disclaimer.
11. Limitation of Liability
To the fullest extent permitted by law, Trionyx Collective will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to your use of the website or our services. Our total aggregate liability arising out of or related to an engagement will not exceed the fees paid by you for the specific services giving rise to the claim during the three months preceding the event, unless a signed agreement states otherwise. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
12. Indemnification
You agree to indemnify and hold harmless Trionyx Collective and its personnel from claims, damages, and reasonable expenses arising out of materials you provide to us, your use of deliverables in ways not contemplated by the engagement, or your breach of these Terms or of applicable law.
13. Term and Termination
These Terms apply while you use the website and for the duration of any engagement. Either party may terminate an engagement as described in the applicable agreement or our Payment, Cancellation & Refund Policy. Upon termination, you agree to pay for work performed and costs incurred up to the effective date of termination. Provisions that by their nature should survive termination will do so.
14. Governing Law
These Terms are governed by the laws of the State of Colorado and applicable United States federal law, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Colorado for any dispute not otherwise subject to an agreed alternative dispute-resolution process.
15. Changes to These Terms
We may revise these Terms from time to time. The "Last updated" date above reflects the most recent version. Changes become effective when posted, and your continued use of the website or services after that time constitutes acceptance. Where an engagement is already underway, the version in effect when the engagement began continues to apply unless we agree otherwise.
16. Contact Us
Questions about these Terms are welcome. You can reach us using the details below.
- Emailconnect@trionyxcollective.com
- Address4950 S Yosemite St, Greenwood Village, CO 80111
- Phone+1 303-670-6577