Terms & Conditions

Effective Date: May 19, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at www.nimbusmedia.io (the "Website"), which is owned and operated by Nimbus Media, LLC, a Texas limited liability company ("Nimbus Media," "we," "us," or "our").

By accessing or using the Website, you ("you" or "user") agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not access or use the Website.

These Terms govern your use of the Website only. Any design, SEO, paid advertising, branding, graphic design, or other services provided by Nimbus Media are governed by a separate written proposal or service agreement between you and Nimbus Media. In the event of a conflict between these Terms and a signed service agreement, the signed service agreement controls with respect to the services described in it.

1. Eligibility

You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into these Terms.

2. About the Website

The Website provides information about Nimbus Media and the services we offer, including web design, search engine optimization (SEO), paid advertising, branding, and graphic design. The Website is intended to allow visitors to learn about Nimbus Media, contact us, request quotes, and access resources we make available.

The Website does not, by itself, create a client relationship or any obligation by Nimbus Media to provide services. Engaging Nimbus Media for any service requires a separately executed proposal or service agreement.

3. Contact and Quote Form Submissions

The Website includes a contact and quote request form. When you submit information through the form, you agree to provide accurate, current, and complete information. Submitting a form does not obligate Nimbus Media to provide services, respond within any particular time frame, or enter into any agreement with you.

Information you submit through the Website is handled in accordance with our Privacy Policy, available at www.nimbusmedia.io/privacy-policy. Do not submit confidential, sensitive, or proprietary information through the contact or quote form, as submissions are not treated as confidential unless and until a separate written agreement provides otherwise.

4. Downloadable Resources

From time to time, Nimbus Media may make guides, templates, checklists, or other materials available for download through the Website ("Resources"). Unless stated otherwise, Resources are provided to you for your personal or internal business use only.

You may not resell, redistribute, sublicense, or publish any Resource, or remove any proprietary notices from any Resource, without our prior written consent. Nimbus Media retains all ownership rights in the Resources. Resources are provided for general informational purposes only and do not constitute professional advice.

5. Billing and Late Payments

The scope, fees, and payment schedule for any services are set out in the applicable proposal or service agreement and may include deposits, phased payments, or monthly retainers. To the extent any invoice issued by Nimbus Media is not paid by its due date, the overdue balance will accrue a late charge of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. This Section does not modify the payment, cancellation, or refund terms of any signed service agreement, which control over these Terms with respect to those matters.

6. Intellectual Property

6.1 Website Content

All content on the Website, including text, graphics, logos, images, page layouts, design elements, and the "Nimbus Media" name and marks, is owned by or licensed to Nimbus Media and is protected by copyright, trademark, and other intellectual property laws. You may view and use the Website for its intended purpose, but you may not copy, reproduce, modify, distribute, or create derivative works from any Website content without our prior written consent.

6.2 Ownership of Service Deliverables

Ownership of deliverables produced through a service engagement is determined by the applicable proposal or service agreement and is summarized here for clarity:

• For project-based engagements in which the client is purchasing the work product (for example, a website build the client will own), the client owns the deliverables once Nimbus Media has received payment in full. Until full payment is received, all deliverables remain the property of Nimbus Media.
• For ongoing monthly retainer engagements, Nimbus Media retains ownership of the deliverables and of the underlying methods, processes, and know-how used to produce them, except where the applicable agreement expressly provides otherwise.

In all cases, Nimbus Media retains ownership of its pre-existing materials, tools, code libraries, frameworks, processes, and general know-how, including any improvements to them.

6.3 Portfolio and Showcase Rights

Unless a signed agreement states otherwise, Nimbus Media may identify clients and display completed work, including websites, designs, branding, and campaign results, in its portfolio, case studies, proposals, and marketing materials, in any media. This right survives the completion or termination of any engagement.

7. Acceptable Use

You agree not to use the Website to:

• Violate any applicable law or regulation;
• Infringe the intellectual property or other rights of Nimbus Media or any third party;
• Transmit any malware, viruses, or other harmful code;
• Attempt to gain unauthorized access to the Website, its servers, or any related systems;
• Interfere with or disrupt the operation, security, or performance of the Website;
• Use automated means to scrape, harvest, or collect data from the Website without our prior written consent; or
• Use the Website in any manner that could damage, disable, overburden, or impair it.

We reserve the right to suspend or terminate your access to the Website, without notice, if we believe you have violated these Terms.

8. Third-Party Platforms and Dependencies

The Website and the services Nimbus Media provides rely on third-party platforms and infrastructure, including, without limitation, Webflow and Amazon Web Services (AWS). These platforms are operated by independent third parties and are outside the ownership and control of Nimbus Media.

Nimbus Media is not responsible or liable for any outage, downtime, interruption, degradation, data loss, security incident, change in features or pricing, or discontinuation of service caused by Webflow, AWS, or any other third-party platform or service provider. You acknowledge that the availability and performance of the Website and any hosted deliverables depend on these third parties, and you agree that Nimbus Media has no liability arising from their acts, omissions, or failures.

To the fullest extent permitted by law, you agree to release and hold Nimbus Media harmless from any claim, loss, or damage arising out of or related to the performance, availability, or actions of Webflow, AWS, or any other third-party platform.

9. Links to Third-Party Websites

The Website may contain links to third-party websites or resources. We provide these links for convenience only and do not endorse, control, or assume responsibility for the content, products, services, or practices of any third-party site. Accessing third-party sites is at your own risk and subject to the terms and policies of those sites.

10. Disclaimers; No Guarantee of Results

The Website and all Resources are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Nimbus Media disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, secure, or free of harmful components.

Search engine optimization, paid advertising, and digital marketing results depend on factors outside the control of Nimbus Media, including the algorithms, policies, and actions of search engines, advertising platforms, and other third parties, as well as competitor activity and market conditions. Nimbus Media does not guarantee any specific search engine rankings, traffic levels, leads, conversions, advertising performance, revenue, or other results. Any references on the Website to past results, case studies, or outcomes are illustrative only and are not a promise or guarantee of similar results.

11. Limitation of Liability

To the fullest extent permitted by law, Nimbus Media and its members, managers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or related to your use of, or inability to use, the Website, even if advised of the possibility of such damages.

To the fullest extent permitted by law, the total aggregate liability of Nimbus Media arising out of or related to the Website or these Terms will not exceed the total amount of fees, if any, you paid to Nimbus Media in the twelve (12) months preceding the event giving rise to the claim. If you have not paid Nimbus Media any fees, the total aggregate liability of Nimbus Media will not exceed one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nimbus Media and its members, managers, employees, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Website, your violation of these Terms, or your violation of any law or the rights of any third party.

13. Privacy

Your use of the Website is also governed by our Privacy Policy, available at www.nimbusmedia.io/privacy-policy, which describes how we collect, use, and handle your information. By using the Website, you consent to the practices described in the Privacy Policy.

14. Changes to These Terms

We may update or modify these Terms at any time. When we do, we will revise the "Effective Date" at the top of this page. Changes are effective when posted. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Suspension and Termination

We may suspend, restrict, or terminate your access to the Website at any time, with or without notice, for any reason, including if we believe you have violated these Terms. The provisions of these Terms that by their nature should survive termination will survive, including Sections 6, 8, 10, 11, 12, and 16.

16. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. You agree that any dispute arising out of or related to these Terms or the Website will be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction and venue of those courts.

17. General

These Terms, together with the Privacy Policy and any applicable signed service agreement, constitute the entire agreement between you and Nimbus Media regarding your use of the Website. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms without restriction. Section headings are for convenience only and do not affect interpretation.

18. Contact Us

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

Nimbus Media, LLC
‍12511 Aste LaneHouston, TX 77065
Email: team@nimbusmedia.io