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Legal entity: Generous One LLC d/b/a GenOne (G1E) ("GenOne," "we," "us," or "our").
Contact: hello@generousone.co • 2500 Sandy Plains Rd, Marietta, GA 30066, United States
Plain‑English summary: These terms govern (a) use of our website and (b) purchase and delivery of our services. If you visit our Site or sign an order form/statement of work (SOW), you agree to these terms.
Not legal advice: This template must match your actual practices and local law. Consult counsel before publishing.
"Site" means generousone.co and any pages we operate.
"Services" means our consulting/implementation services, including audits, strategy, design, copy, development, integrations, analytics, CRO, and related enablement.
"Deliverables" means work product we create for you as specified in an Order Form/SOW.
"Client Materials" means assets you provide (e.g., brand guidelines, data, product info, images, logos).
"Order Form"/"SOW" means a mutually signed document (or accepted quote/proposal) that describes scope, timeline, and fees.
"Confidential Information" means non‑public information disclosed by either party that is marked or reasonably understood as confidential.
By accessing the Site, you agree to the Website Terms (Sections 3–5, 13, 16–26). By purchasing Services via an Order Form/SOW, you also agree to the Service Terms (Sections 6–15). If there’s a conflict, the Order Form/SOW controls for that engagement; otherwise these Terms control.
Site content is general information and marketing; it may change without notice. Nothing here is legal, tax, or medical advice.
If you create an account (e.g., for portals), you are responsible for safeguarding credentials and all activity under your account.
Your use of the Site is governed by our Privacy Policy. If we process personal data on your behalf during Services, the Data Processing Addendum (DPA) (if applicable) will govern those processing activities.
The Site and Services may integrate third‑party tools (e.g., Google Analytics 4, HubSpot, Shopify, Meta). Those providers’ terms and privacy policies apply to their tools; we are not responsible for their acts or omissions.
Services are purchased via an Order Form/SOW. Scope includes only items listed in the SOW. Change requests require a written change order and may affect fees and timeline.
Target timelines (e.g., 4–6‑week installation) assume timely client inputs. We are not liable for delays caused by dependencies, vendor issues, or force majeure.
Fees are set in the Order Form/SOW. Billing model varies by service type and will be specified in your SOW:
Fees are exclusive of taxes, duties, and governmental charges. You are responsible for applicable taxes, excluding taxes on our income.
You agree not to initiate chargebacks for Services delivered per the SOW. Disputes will follow the process in Section 20.
Except as required by law or expressly stated in the SOW, fees are non‑refundable, including prepaid subscription (MRR) fees once a billing period begins. If your Order Form/SOW includes a Performance Guarantee (e.g., “2× qualified outcomes in 90 days”), it is governed by the Guarantee Terms published on our Site or attached to your SOW. If prerequisites (baseline, traffic stability, timely implementation) are not met, the guarantee does not apply. The remedy for not meeting the guarantee, if applicable, is continued optimization at no additional service fee until the outcome is achieved; no monetary refund is owed.
You retain all rights to Client Materials. You grant us a non‑exclusive license to use them solely to provide the Services and to showcase the project in our portfolio (see 9.4).
We retain all right, title, and interest in methodologies, frameworks, templates, libraries, scripts, and tools developed or owned by us prior to or independently of the engagement ("GenOne IP"). To the extent GenOne IP is included in Deliverables, we grant you a non‑exclusive, worldwide, royalty‑free perpetual license to use it as incorporated into the Deliverables for your internal business purposes.
Upon full payment, we assign to you all right, title, and interest in the final Deliverables specifically identified in the SOW (excluding GenOne IP and third‑party materials). For code or configurations deployed on your systems, we grant you a non‑exclusive license to use/modify within your environment.
You grant us the right to display your name/logo and non‑confidential Deliverables as part of our portfolio and case studies, online and offline. If you prefer to opt out, notify us in writing; we may charge reasonable fees to create non‑identifying alternates.
Deliverables may include third‑party or open‑source components subject to their own licenses. You agree to comply with those licenses.
Each party will: (a) use the other’s Confidential Information only for the engagement; (b) protect it with reasonable care; and (c) not disclose it except to personnel, contractors, and advisors bound by obligations no less protective. Exclusions: information that is public, independently developed, or lawfully obtained without restriction. Required disclosures (e.g., legal, regulatory) are permitted with reasonable notice.
When we process personal data on your behalf, we act as a processor/service provider and will execute a DPA upon request. You are responsible for providing a lawful basis and appropriate notices to individuals whose data you control. If health or other regulated data is involved, a BAA or equivalent must be executed and the scope strictly limited to Services.
Each party warrants it has the authority to enter into this Agreement.
We warrant that we will perform Services in a professional and workmanlike manner consistent with industry standards.
EXCEPT AS EXPRESSLY PROVIDED, THE SITE, SERVICES, AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. We do not warrant that results will be error‑free or that specific business outcomes will occur, except to the extent expressly stated in a written Performance Guarantee.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, GOODWILL, OR DATA), EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CLIENT TO GENONE UNDER THE APPLICABLE ORDER FORM/SOW IN THE 12 MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO CONFIDENTIALITY BREACHES, IP INFRINGEMENT, OR PAYMENT OBLIGATIONS.
You will indemnify and defend GenOne and its personnel from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Client Materials; (b) your misuse of the Site, Services, or Deliverables; (c) your violation of law or third‑party rights; or (d) products or services you offer using the Deliverables. We will indemnify you against third‑party claims alleging that Deliverables, as provided, infringe IP rights, except to the extent caused by Client Materials or your modifications.
Neither party is liable for delays or failures due to events beyond reasonable control (e.g., acts of God, internet failures, labor disputes, governmental actions, vendor outages). The affected party will use commercially reasonable efforts to mitigate and resume performance.
We are independent contractors; this is not a partnership, franchise, or employment relationship. We may use qualified subcontractors; we remain responsible for their work.
For 12 months after an SOW ends, you will not solicit for employment or contract any GenOne employee directly involved in your project, except via a general solicitation not targeted to our personnel.
Unless you opt out in writing, we may use your name, logo, non‑confidential results, and testimonials in our website, pitches, and marketing materials. You grant us a limited license to do so.
This Agreement is governed by the laws of Georgia, USA, without regard to conflicts of law. The parties will first attempt to resolve disputes through good‑faith negotiation between executives for 15 days. If unresolved, disputes will be brought in the state or federal courts located in Cobb County, Georgia, and the parties consent to exclusive jurisdiction and venue there. Either party may seek injunctive relief or file in small‑claims court where appropriate. No class or representative actions.
You will not use the Site, Services, or Deliverables in violation of U.S. export controls or sanctions laws. You represent that you are not located in a sanctioned jurisdiction and are not a prohibited party.
We may modify these Terms from time to time. The “Effective date” shows the latest revision. Material changes will be posted to the Site; continued use of the Site or Services after changes constitutes acceptance.
Notices to GenOne must be sent to hello@generousone.co with a copy to the mailing address above. Notices to you may be sent to the email or address in your account or SOW. Notices are deemed given when received.
You may not assign these Terms or any SOW without our prior written consent, except to a successor in interest via merger, acquisition, or sale of substantially all assets. We may assign to an affiliate or in connection with a corporate transaction.
These Terms, together with any Order Form/SOW, DPA, and Guarantee Terms, constitute the entire agreement and supersede prior discussions. If there is a conflict: Order Form/SOW > DPA (for data terms) > Guarantee Terms > these Terms.
If any provision is unenforceable, the remainder remains in effect. A failure to enforce a provision is not a waiver.
Generous One LLC d/b/a GenOne (G1E)
Email: hello@generousone.co
Mail: 2500 Sandy Plains Rd, Marietta, GA 30066, United States