These Terms of Service (“Terms”) govern your use of the Mathias Designs website and the W&H Marketing Center app, both operated by Mathias Designs, LLC (“Mathias Designs”, “we”, “us” or “our”), a company based in Gilbert, Arizona. By using our website or app, you agree to these Terms. If you do not agree, please do not use them.
Our website and services
This website describes the web design, development, e-commerce, SEO, advertising, branding, consulting and software services we offer. Paid projects and ongoing services are governed by a separate written proposal, statement of work or service agreement signed by both parties. If anything in that agreement conflicts with these Terms, the signed agreement controls.
Quotes and pricing
Prices shown on this website, such as “starting at” or “from” amounts, are general estimates for typical projects and are not offers. A project’s final scope, price, timeline and payment terms are set in a written quote or agreement. Submitting a quote request does not create a contract or obligate either party.
Acceptable use
You agree not to:
- Use the website or app for any unlawful purpose or in violation of any platform’s terms.
- Submit false, misleading or spam content through our forms.
- Attempt to gain unauthorized access to, interfere with, or disrupt the website, the app, our servers or connected accounts.
- Scrape, copy or harvest content or contact information from the website by automated means.
- Upload malware or any code designed to harm systems or data.
Intellectual property
The content of this website, including text, graphics, the Mathias Designs name and logo, and the website design, is owned by Mathias Designs, LLC or its licensors and is protected by copyright and trademark laws. You may view and share pages for personal or internal business purposes, but you may not copy, modify or reuse our content for commercial purposes without written permission.
Client names, logos, websites and trademarks shown in our portfolio belong to their respective owners and are displayed to illustrate work we have performed. Ownership of client deliverables is set out in each client’s agreement.
Results and portfolio
Case studies, statistics and results on this website describe outcomes for specific clients and are not a promise or guarantee of similar results. Search rankings, advertising performance and sales depend on many factors outside our control, including search engine and platform algorithms, competition, budgets and market conditions. We do not guarantee any specific ranking, traffic, return on ad spend or revenue.
Third-party platforms
Our services and the W&H Marketing Center app work with third-party platforms such as Google, Meta, Amazon, Shopify, Etsy, WordPress and hosting providers. Your use of those platforms is subject to their own terms and policies. We are not responsible for their availability, policy changes, fees, account reviews, suspensions or other actions they take.
W&H Marketing Center app
W&H Marketing Center is a private software tool operated by Mathias Designs to manage advertising, listings, inventory and marketing content for stores we own or operate and for clients who authorize us. It is not offered for public sign-up. The following terms apply to its use:
- Authorized access only. Only people we authorize may use the app, and accounts may be connected only by their owner or someone with the owner’s permission.
- Your authorization. By connecting an account, you authorize Mathias Designs to access that account’s data through the platform’s API and to make the changes you or your authorized representative approve, or that are covered by an automation you have turned on.
- Advertising spend. Ad spend and platform fees are charged by the platform directly to the account owner. You are responsible for the budgets and changes you approve. We recommend setting spending limits within each platform.
- Recommendations and AI. The app produces reports, recommendations and draft content, some generated with artificial intelligence. They may contain errors and are provided for your review. You are responsible for reviewing them before approving any change or publishing any content.
- Platform compliance. You agree that connected accounts and any content or changes you approve will comply with each platform’s policies.
- Suspension. We may suspend or disconnect access at any time, for example for security reasons or a breach of these Terms.
- Data. Our handling of data in the app is described in the W&H Marketing Center section of our Privacy Policy. You can disconnect the app at any time.
Disclaimers
The website and the W&H Marketing Center app are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the website or app will be uninterrupted, error free or free of harmful components. Information on this website is general and is not legal, tax or financial advice.
Limitation of liability
To the fullest extent permitted by law, Mathias Designs, LLC and its owners, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, arising from your use of the website or app, even if advised of the possibility of such damages. Our total liability for any claim relating to the website or app will not exceed one hundred US dollars ($100). Liability for paid services is governed by the applicable client agreement.
Indemnification
You agree to indemnify and hold harmless Mathias Designs, LLC from any claims, losses and expenses, including reasonable attorneys’ fees, arising from your misuse of the website or app, your violation of these Terms, or your violation of any law or third-party right.
Governing law
These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law rules. Any dispute relating to these Terms, the website or the app will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction.
Changes to these Terms
We may update these Terms from time to time. The “Last updated” date at the top shows when they last changed. Continuing to use the website or app after changes are posted means you accept the updated Terms.
Contact us
Questions about these Terms:
- Mathias Designs, LLC
- Gilbert, Arizona
- Phone: Call us
- Online: our contact form