Skip to main content

Terms & Conditions

Last updated:

1. Agreement to these terms

These Terms and Conditions ("Terms") govern your use of the website at www.pinkilo.com (the "Website"), operated by Pinkilo LLC ("Pinkilo," "we," "us," or "our"), a limited liability company organized in the State of Maryland, United States.

By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.

2. These Terms are not a services agreement

This is the most important thing on this page, so it comes first.

These Terms cover your use of this Website as a visitor. They do not create a client relationship, and they are not an agreement for Pinkilo to perform any work.

Specifically:

  • Nothing on the Website is an offer capable of acceptance. Descriptions of our services, past projects, capabilities and approach are provided for information only.
  • Submitting the contact form does not engage us, reserve capacity, or create any obligation on either side. It starts a conversation.
  • Any estimate, budget range, timeline or scope discussed before a signed agreement is indicative only and is not binding.
  • Pinkilo performs client work solely under a separate written agreement signed by both parties. That agreement governs scope, fees, deliverables, timelines, intellectual property ownership, confidentiality, warranties and liability for the work. Where that agreement and these Terms conflict, that agreement controls for everything relating to the engagement.

3. Eligibility

You must be at least 16 years old to use the Website. By using it, you represent that you meet that requirement and that you have the authority to agree to these Terms on behalf of any organization you identify in a submission.

4. Acceptable use

You agree to use the Website lawfully. You agree not to:

  • Use the Website in violation of any applicable law or regulation
  • Attempt to gain unauthorized access to the Website, its servers, or any connected system
  • Submit advertising, promotional material, spam, or chain messages through the contact form
  • Interfere with or disrupt the Website, or place an unreasonable load on it
  • Introduce viruses, malware, or other harmful code
  • Use bots, scrapers, or automated data-mining tools against the Website without our written permission
  • Impersonate Pinkilo, our staff, or any other person or entity
  • Circumvent the spam protection or rate limiting on the contact form

We may restrict or block access to the Website at our discretion, without notice, if we reasonably believe you have breached this section.

5. Intellectual property

5.1 Our content

The Website and its contents — text, graphics, logos, images, layout, design, code, and the "pinkilo" name and marks — are owned by Pinkilo or our licensors and are protected by intellectual property law.

5.2 Limited licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to view and use the Website for your own informational and non-commercial purposes. You may not:

  • Reproduce, republish, or redistribute Website content beyond ordinary personal use
  • Use Website content for a commercial purpose or public display
  • Remove any copyright or proprietary notice
  • Mirror, frame, or host Website content on another server

5.3 Client work and third-party marks

Portfolio pieces, case studies and project descriptions on the Website may reference the names, logos and trade marks of our clients and of third-party technologies. Those belong to their respective owners and appear here for identification and descriptive purposes. Their appearance does not imply endorsement of Pinkilo by those owners, or of those owners by Pinkilo.

6. Contact form submissions

When you submit the contact form, you agree that the information you provide is accurate and that we may contact you in response. We are not obliged to respond to every enquiry.

Information you submit is handled in accordance with our Privacy Policy. Please do not send us confidential information through the contact form. Unless and until we sign a written agreement that includes confidentiality obligations, material you send us through the Website is not treated as confidential. If you have something sensitive to discuss, tell us and we will arrange an appropriate channel.

The Website links to third-party sites and services that we do not control, including our social profiles and our scheduling pages. We are not responsible for their content, practices, or availability, and a link is not an endorsement. Your use of those sites is governed by their terms.

8. No professional advice

Content on the Website — including articles in our journal, case studies, and technical writing — is general information, not professional advice for your particular situation. It does not constitute legal, financial, security, or regulatory advice, and you should not act on it without appropriate professional input. Engaging Pinkilo under a signed agreement is what creates a professional advisory relationship, to the extent that agreement says so.

9. Disclaimers

9.1 Provided "as is"

THE WEBSITE AND ALL CONTENT, MATERIALS AND INFORMATION AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9.2 No warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

  • The Website will be available without interruption or error
  • Information on the Website is accurate, complete, or current
  • Defects will be corrected
  • The Website or its servers are free of viruses or other harmful components

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINKILO LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US, IF ANY, FOR ACCESS TO THE WEBSITE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence. This section does not limit liability arising under a separate signed services agreement, which has its own terms.

11. Indemnification

You agree to indemnify and hold harmless Pinkilo LLC and its members, officers, employees, contractors and agents from any claims, damages, losses, liabilities and reasonable expenses (including legal fees) arising from:

  • Your use of the Website
  • Your breach of these Terms
  • Your violation of any law or of any third-party right, including intellectual property and privacy rights
  • Any content you submit through the Website

12. Governing law and venue

These Terms are governed by the laws of the State of Maryland, United States, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in the State of Maryland, and you consent to the personal jurisdiction of those courts.

13. Changes to these Terms

We may revise these Terms at any time. The "Last updated" date at the top of this page shows when they last changed. If a revision is material, we will make reasonable efforts to highlight it. Continuing to use the Website after a revision takes effect means you accept the revised Terms.

14. Severability

If any provision of these Terms is held unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be. The remaining provisions stay in full effect.

15. Waiver

Our failure to enforce any provision of these Terms is not a waiver of it. A waiver is effective only if made in writing and signed by an authorized representative of Pinkilo.

16. Entire agreement

These Terms and our Privacy Policy are the entire agreement between you and Pinkilo regarding your use of the Website, and supersede any prior understanding on that subject. They do not supersede, and are subordinate to, any separate written services agreement between us, as described in section 2.

17. Contact us

Questions about these Terms:

Pinkilo LLC

Email: legal@pinkilo.com