Cyberneticity

Legal

Terms of Service

Last updated: June 25, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the website located at cyberneticity.com and any services provided by Cyberneticity Inc ("Cyberneticity," "we," "our," or "us").

By accessing our website, submitting an inquiry, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our website or engage our services.

These Terms apply in addition to, and do not supersede, any signed service agreement between Cyberneticity Inc and a client. In the event of a conflict between these Terms and a signed service agreement, the service agreement governs.

2. Service Scope

Cyberneticity Inc provides advertising, marketing, and public relations services including, but not limited to: brand reputation management, brand visibility and awareness programs, marketing cost optimization, marketing strategy and channel alignment, and advertising experience consulting.

The specific scope, deliverables, timeline, and fees for any service engagement are defined in a written scope of work or service agreement signed by both parties prior to the commencement of work.

We reserve the right to decline any engagement that we determine is not a suitable fit, without obligation to provide a reason.

3. Client Responsibilities

Clients engaging Cyberneticity Inc are responsible for:

— Providing accurate, complete, and timely information necessary for us to perform the agreed services.

— Reviewing and approving deliverables within the timeframes specified in the service agreement.

— Ensuring that any materials, content, or assets provided to us for use in performing services do not infringe any third-party intellectual property rights or violate applicable law.

— Designating a point of contact with sufficient authority to provide approvals and decisions.

Delays or failures by the client to fulfill these responsibilities may affect our ability to deliver services on schedule and may affect the terms of the engagement.

4. Quotes, Fees, and Payment Terms

All fee quotes are valid for thirty (30) days from the date of issuance unless otherwise stated in writing.

Project fees and retainer amounts are specified in the applicable service agreement. Unless otherwise agreed, project-based engagements require a portion of the total fee paid prior to commencement of work. The remaining balance is due as specified in the service agreement.

Invoices are due within [PLACEHOLDER: e.g., net 30 days] of issuance unless otherwise agreed. Late payments may be subject to interest charges as specified in the service agreement.

All fees are quoted in US Dollars (USD). Taxes, if applicable, will be added to invoices as required by law.

5. Revisions and Change Requests

The scope of work included in a service agreement is defined at the outset of the engagement. Changes to scope — including additions to deliverables, changes to project direction, or requests for additional work not covered in the original agreement — constitute change requests.

All change requests must be submitted in writing. We will review the request and provide a written response indicating any impact on timeline or fees before proceeding.

No change request will be treated as approved until it has been agreed upon in writing by both parties.

6. Intellectual Property

Upon receipt of full payment for a project, Cyberneticity Inc assigns to the client all rights to the deliverables specifically created for that client under the applicable service agreement, unless otherwise specified.

Cyberneticity Inc retains ownership of all pre-existing intellectual property, tools, methodologies, frameworks, and know-how used in performing the services. Nothing in a service agreement grants the client any rights to these.

The client grants Cyberneticity Inc a limited, non-exclusive license to use any materials, content, or data provided by the client solely for the purpose of performing the agreed services.

7. Confidentiality

Each party agrees to treat as confidential any non-public information disclosed by the other party in connection with a service engagement, and to use such information solely for the purposes of the engagement.

Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, information that was already known to the receiving party prior to disclosure, or information that is required to be disclosed by law or court order.

The obligations in this section survive the termination of any service agreement.

8. Disclaimer of Warranties

Our services are provided on an "as is" basis. To the fullest extent permitted by applicable law, Cyberneticity Inc disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant or guarantee specific marketing outcomes, search rankings, revenue results, or other performance metrics. Marketing results depend on numerous factors outside our control, including product quality, market conditions, competitive dynamics, and third-party platform behavior.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Cyberneticity Inc shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services.

Our total aggregate liability for any claims arising under or related to a service engagement shall not exceed the total fees paid by the client to Cyberneticity Inc in the three (3) months preceding the claim.

10. Termination

Either party may terminate a service engagement by providing written notice as specified in the applicable service agreement.

Upon termination, the client is responsible for payment of all fees for services rendered up to the termination date, including any non-cancellable third-party costs incurred on behalf of the client.

Cyberneticity Inc reserves the right to terminate any engagement immediately if the client materially breaches these Terms or a service agreement and fails to remedy such breach within [PLACEHOLDER: e.g., ten (10) business days] of written notice.

11. Governing Law

These Terms and any service agreements entered into by Cyberneticity Inc shall be governed by the laws of the State of Colorado, United States, without regard to conflict of law principles, unless otherwise specified in a signed agreement.

Any disputes arising out of or related to these Terms or our services shall be resolved in the state or federal courts located in Colorado, and both parties consent to the personal jurisdiction of such courts.

12. Updates to These Terms

We may revise these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page. Material changes will be communicated to active clients by email.

Your continued use of our website or services following any update to these Terms constitutes your acceptance of the revised Terms.

13. Contact Information

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

Cyberneticity Inc

59786 US Hwy 285, Bailey, CO 80421, US

contact@cyberneticity.com

cyberneticity.com

These Terms of Service are effective as of June 25, 2025. If you have questions, contact us at contact@cyberneticity.com. See also our Privacy Policy.