Terms of Service
Effective Date: May 29, 2026 Last Updated: May 29, 2026
These Terms of Service ("Terms") govern your access to and use of the website, web applications, forms, onboarding tools, payment portals, and related online properties operated by Benjamin Maggi LLC ("Benjamin Maggi LLC," "Company," "we," "our," or "us") at https://benja.info and associated subdomains or paths (collectively, the "Site").
By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.
1. Introduction
Benjamin Maggi LLC provides a portfolio website, informational content, contact and inquiry tools, service descriptions, pricing calculators, blog content, and client onboarding and payment interfaces.
These Terms apply to visitors and users of the Site. They do not replace a signed Master Service Agreement ("MSA") or Statement of Work ("SOW") for paid professional services. Where you enter into a separate written or electronically executed agreement with us for consulting or software development services, that agreement controls for the subject matter it covers.
2. Definitions
For purposes of these Terms:
- "User" or "you" means any individual or entity accessing or using the Site.
- "Client" means a User who enters into or seeks to enter into a paid services engagement with us.
- "Site Content" means text, graphics, logos, images, software, code samples, documentation, pricing information, blog posts, templates, and other materials made available through the Site.
- "User Content" means information, files, messages, form submissions, project details, or other materials you submit to us through the Site.
- "Professional Services" means software development, consulting, technical advisory, implementation, automation, integration, DevOps, AI-related, and related services performed under a signed MSA and applicable SOW.
3. Eligibility
You represent and warrant that:
- you are at least eighteen (18) years old, or the age of majority in your jurisdiction, whichever is greater;
- you have the legal capacity to enter into these Terms; and
- your use of the Site complies with applicable laws.
If you use the Site on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" includes that entity.
The Site is not directed to children under 13, and we do not knowingly collect information from children as described in our Privacy Policy.
4. Changes to These Terms
We may modify these Terms at any time by posting an updated version on the Site.
Changes become effective upon posting unless otherwise stated or required by law. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
We may also change, suspend, or discontinue any part of the Site at any time without notice.
5. Permitted Use and License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful personal or internal business purposes.
You may not:
- copy, reproduce, distribute, publish, scrape, mirror, or frame the Site or Site Content except as expressly permitted by law or with our prior written consent;
- reverse engineer, decompile, or attempt to extract source code from the Site except to the extent such restriction is prohibited by applicable law;
- interfere with or disrupt the Site, servers, networks, security controls, or rate limits;
- use automated means to access the Site in a manner that imposes an unreasonable load or bypasses technical restrictions;
- misrepresent your identity, affiliation, or authority;
- use the Site for unlawful, fraudulent, abusive, or harmful purposes; or
- attempt to gain unauthorized access to accounts, systems, APIs, onboarding records, payment tools, or non-public areas of the Site.
All rights not expressly granted are reserved by Benjamin Maggi LLC and its licensors.
6. Informational Content and No Professional Advice
Site Content is provided for general informational purposes only.
Pricing calculators, service descriptions, blog posts, FAQs, examples, timelines, technology references, and onboarding previews are illustrative and may change without notice. They do not constitute a binding offer, quote, guarantee of results, legal advice, tax advice, regulatory advice, security advice, or a commitment to provide any specific deliverable, schedule, or outcome.
You should obtain independent professional advice appropriate to your business, jurisdiction, and use case before relying on Site Content for operational, legal, compliance, or financial decisions.
7. Professional Services Engagements
If you become a Client, the commercial and legal terms of your engagement are governed by the executed MSA, applicable SOW, change orders, and related written agreements between the parties.
In the event of a conflict between these Terms and a signed MSA or SOW regarding Professional Services, the MSA or SOW controls for that engagement.
Without limiting the foregoing:
- fees, deposits, milestones, acceptance criteria, intellectual property, warranties, confidentiality, termination, and liability for Professional Services are defined in the MSA and SOW;
- we are not obligated to commence work, reserve capacity, or deliver services until required agreements are executed and applicable payments are received as stated in those documents;
- oral statements, informal messages, or marketing content on the Site do not modify an executed MSA or SOW unless incorporated through a written amendment or approved change order.
8. Forms, Contact Submissions, and User Content
When you submit information through contact forms, onboarding flows, payment lookup tools, or other Site features, you represent that the information is accurate to the best of your knowledge and that you have the right to provide it.
You grant us a non-exclusive, worldwide, royalty-free license to use, store, reproduce, process, and transmit User Content as reasonably necessary to:
- respond to inquiries;
- evaluate, administer, or perform Professional Services;
- operate onboarding, payment, and project-management workflows;
- maintain security, fraud prevention, and legal compliance; and
- enforce these Terms and applicable agreements.
You remain responsible for User Content you submit. Do not submit unlawful, infringing, confidential third-party information, payment card data, passwords, or highly sensitive personal data unless we explicitly request it for a defined purpose.
Unless a separate signed Non-Disclosure Agreement ("NDA") states otherwise, submissions through the Site are not automatically treated as legally privileged or protected confidential information.
9. Onboarding, E-Signatures, and Payments
The Site may provide onboarding wizards, document previews, electronic signature acknowledgements, payment portal links, and Stripe Checkout flows.
By completing onboarding steps, you may be asked to review and accept an MSA, SOW, and electronic signature disclosures. Those documents—not these Terms alone—govern the resulting engagement.
Payments processed through third-party providers such as Stripe are subject to the provider's terms and privacy practices in addition to our agreements and Privacy Policy. We do not store full payment card numbers on our servers unless explicitly stated otherwise.
We may suspend or revoke access to onboarding or payment tools in cases of suspected fraud, abuse, unpaid balances, security incidents, or violation of these Terms or applicable agreements.
10. Prohibited Conduct
You agree not to:
- violate any applicable law, regulation, or third-party right;
- upload malware, malicious code, or harmful scripts;
- harass, threaten, defame, or abuse us or other users;
- impersonate any person or entity;
- submit spam, bulk unsolicited communications, or automated abusive requests;
- probe, scan, or test vulnerabilities without authorization;
- circumvent authentication, access controls, CAPTCHA, rate limits, or security measures;
- use the Site to develop, promote, or distribute products or services that compete unfairly through misuse of our systems or confidential information obtained without authorization; or
- assist others in any of the above.
We may investigate violations and cooperate with law enforcement where appropriate.
11. Intellectual Property
The Site and Site Content are owned by Benjamin Maggi LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Our name, branding, logos, and trade dress may not be used without prior written permission except as permitted by law.
Open-source components, third-party materials, and client deliverables may be subject to separate license terms. Nothing in these Terms grants you rights in third-party materials except as expressly provided by those third parties or by a signed Client agreement.
If you believe content on the Site infringes your intellectual property rights, contact us using the information below with sufficient detail for us to evaluate the claim.
12. Third-Party Services and Links
The Site may integrate with or link to third-party services, including hosting providers, analytics tools, error monitoring, payment processors, scheduling platforms, source-control platforms, blog repositories, and social networks.
We do not control and are not responsible for third-party services, their availability, security, content, or policies. Your use of third-party services is at your own risk and subject to their terms.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT:
- THE SITE WILL BE UNINTERRUPTED, TIMELY, OR FREE FROM ERRORS;
- DEFECTS WILL BE CORRECTED;
- THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR
- ANY INFORMATION, CALCULATOR OUTPUT, OR RESULT OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR BUSINESS OUTCOME.
Some jurisdictions do not allow exclusion of certain warranties, so some of the above may not apply to you.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENJAMIN MAGGI LLC AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- ONE HUNDRED U.S. DOLLARS (USD $100); OR
- THE AMOUNT YOU PAID US THROUGH THE SITE FOR NON-REFUNDABLE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EXCLUDING AMOUNTS GOVERNED EXCLUSIVELY BY A SIGNED MSA OR SOW.
For Professional Services performed under a signed MSA or SOW, liability limitations and remedies stated in those agreements apply to the extent of any conflict with this Section.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
15. Indemnification
You agree to defend, indemnify, and hold harmless Benjamin Maggi LLC and its personnel from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- your use of the Site;
- your User Content;
- your violation of these Terms;
- your violation of applicable law or third-party rights; or
- your misuse of onboarding, payment, or project tools.
We may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate reasonably.
16. Privacy
Our collection and use of personal information is described in our Privacy Policy.
By using the Site, you acknowledge that you have read and understood the Privacy Policy.
17. Suspension and Termination
We may suspend or terminate your access to the Site, in whole or in part, at any time and for any reason, including suspected violation of these Terms, abuse, security risk, or legal compliance.
Upon termination, Sections intended by nature to survive will survive, including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute-related provisions.
18. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of formation of Benjamin Maggi LLC, without regard to conflict-of-law principles, except where superseded by mandatory consumer protection laws.
Before initiating formal proceedings, you agree to contact us and attempt in good faith to resolve any dispute informally for at least thirty (30) days.
Except where prohibited by mandatory law, exclusive venue for disputes arising out of or relating to these Terms or the Site will be the courts of competent jurisdiction in the State of formation of Benjamin Maggi LLC, and you consent to personal jurisdiction in those courts.
Nothing in this Section limits either party's right to seek injunctive or equitable relief for misuse of intellectual property, unauthorized access, or confidentiality breaches.
For Professional Services disputes covered by a signed MSA, the dispute resolution and governing law provisions of the MSA apply to the extent they conflict with this Section.
19. General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy and any signed MSA, SOW, or other written agreement applicable to you, constitute the entire agreement regarding your use of the Site except for Professional Services specifically governed by Client agreements.
19.2 Severability
If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.
19.3 Waiver
Our failure to enforce any provision is not a waiver of our right to enforce it later.
19.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets.
19.5 Force Majeure
We are not liable for delay or failure to perform Site-related obligations caused by events beyond our reasonable control, including natural disasters, war, labor disputes, internet or cloud provider outages, cyberattacks, governmental actions, or utility failures.
19.6 Electronic Communications
You consent to receive communications from us electronically, including via email, forms, and Site notices, and agree that such communications satisfy legal notice requirements where permitted by law.
20. Contact Information
For questions about these Terms, contact:
Benjamin Maggi LLC Email: [email protected] Website: https://benja.info
21. Important Legal Notice
These Terms are provided for general informational and operational purposes and do not constitute legal advice. Legal requirements vary by jurisdiction, business model, and use case.
You should have these Terms reviewed by a licensed attorney familiar with website terms, consumer protection, software services, e-commerce, and international use before relying on them in production.