Terms of Service
Effective May 12, 2026
Logan Garbacki dba Garbacki Digital
§1 Definitions
Throughout this document:
- “Logan” means Logan Garbacki, operating as a sole proprietor under the trade name Garbacki Digital, with a principal address in Hicksville, NY.
- “Garbacki Digital” means Logan’s web design and digital services agency, operating at garbackidigital.com.
- “Client” means any individual or business that has engaged Garbacki Digital under a signed service agreement.
- “You” means a Client or a visitor to garbackidigital.com, depending on context.
- “Proposal” means the written document (email or PDF) describing the scope, price, and timeline for a specific engagement.
- “Deliverables” means the website, chatbot configuration, SEO setup, and any other outputs described in the Proposal.
§2 Agency Client Terms
This section applies to Clients who have signed a service agreement with Garbacki Digital for website design, chatbot setup, hosting, or related services.
§2.1 Intellectual Property and Ownership
Client owns the Deliverables — on full payment. When the setup fee is paid in full, Garbacki Digital assigns to the Client all rights in the website design, code, written content, and chatbot configuration produced for that engagement. The Client owns those materials outright.
Garbacki Digital retains underlying tools. The Client owns the output, not the underlying system. Garbacki Digital retains ownership of its site-generation tools, templates, processes, and proprietary software used to produce the Deliverables. Those tools are not transferred to the Client.
Photography.Standard placeholder photography is sourced from royalty-free providers under licenses that permit commercial use without attribution. If the Client provides photos, the Client warrants ownership or valid license rights to those photos. Paid stock or custom photography costs are the Client’s responsibility.
Portfolio rights. Garbacki Digital may display the completed website in its portfolio and reference the engagement in marketing materials unless the Client requests otherwise in writing.
§2.2 AI Chatbot Terms
Client is the operator.The AI chatbot embedded on the Client’s website is configured to answer questions about the Client’s business based on information the Client provides. The Client is the operator and proprietor of the chatbot on their site. Garbacki Digital is the developer who built and configured it.
Accuracy.The Client is responsible for the accuracy and completeness of the information they provide for chatbot configuration. Garbacki Digital configures the chatbot in good faith based on that information. If the Client’s information is incomplete or incorrect, the chatbot may produce inaccurate responses — that is not Garbacki Digital’s liability.
AI disclosure. The chatbot identifies itself as an AI system. It is not designed to impersonate a human. If a visitor asks whether they are speaking to a human, the chatbot will say no. Standard chatbot configurations include an opening disclosure that the system is AI-powered.
Licensed professions. For Clients in licensed-profession industries (dental, medical, legal, financial advisory), the chatbot system prompt explicitly instructs the bot to decline giving professional advice and to direct visitors to a licensed professional. The Client acknowledges that the chatbot is not a substitute for professional advice and must not be represented as one.
Chatbot liability cap.Garbacki Digital’s total liability for any claim arising from the chatbot’s output — including but not limited to inaccurate information, responses that a visitor acted on, or regulatory violations arising from chatbot content — is capped at the fees the Client paid in the 12 months preceding the claim. This cap applies regardless of the theory of liability.
Client indemnification for chatbot. The Client agrees to defend and hold Garbacki Digital harmless from any third-party claim arising from the content or instructions the Client provided for chatbot configuration that caused the chatbot to produce harmful, inaccurate, or unlawful output. This indemnification is subject to the cap in §3.1.
§2.3 Warranties and Disclaimers
Garbacki Digital’s warranty. Garbacki Digital warrants that the Deliverables will be original work, will not knowingly infringe any third-party intellectual property rights, and will be produced with reasonable care and professional skill.
No outcome guarantee.Garbacki Digital does not guarantee any particular business outcome — including search engine rankings, lead volume, website traffic, or sales conversions — from the website, chatbot, or SEO setup. These results depend on factors outside Garbacki Digital’s control.
“As is” after approval.Once the Client gives final approval and the site launches, the work is accepted “as is.” Garbacki Digital is not responsible for issues arising from content or materials the Client provided, or from changes the Client or a third party makes to the site after launch.
Third-party services. The website and chatbot rely on hosting, database, and AI inference services provided by named third parties (see the Privacy Policy for specifics). Garbacki Digital does not warrant uninterrupted uptime of those services.
§3 Liability and Indemnification
§3.1 Liability Cap
Neither party’s total liability to the other under these terms will exceed the total fees paid by the Client in the 12 months preceding the claim. If no fees have been paid, Garbacki Digital’s liability is capped at $100.
This cap applies to all claims, including breach of contract, negligence, warranty claims, and any other theory of liability.
§3.2 Exclusion of Consequential Damages
Neither party is liable for indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, loss of business, or loss of goodwill — even if that party has been advised of the possibility of such damages. This exclusion applies to the fullest extent permitted by applicable law.
§3.3 Indemnification
Each party agrees to defend and hold the other harmless from third-party claims arising from that party’s own breach of these terms or from materials that party provided. All indemnification obligations are subject to the liability cap in §3.1.
§4 Confidentiality
Each party agrees not to disclose the other’s confidential business information — including pricing, client lists, business processes, and technical configurations — to third parties without prior written consent.
This obligation does not apply to information that:
- Is or becomes publicly available through no fault of the receiving party
- Was independently developed by the receiving party without reference to the disclosing party’s information
- Is required to be disclosed by law, court order, or regulatory authority
This confidentiality obligation continues for 2 years after the engagement ends.
§5 Dispute Resolution and Governing Law
These terms are governed by the laws of New York State, without regard to conflict-of-law principles.
Step 1 — Talk first. Before either party files a claim, both parties agree to attempt to resolve the dispute informally by email or phone.
Step 2 — Mediation.If informal resolution fails, either party may request non-binding mediation with a mutually agreed mediator before filing any court claim. Each party bears half the mediator’s fee.
Step 3 — Small Claims Court. Claims up to $10,000 may be brought in Nassau County Small Claims Court.
Step 4 — State Court. Claims above $10,000 shall be brought in the courts of Nassau County, New York. Each party waives the right to a jury trial.
§6 Modifications and Assignment
Modifications. Logan may update these terms at any time with 30 days’ written notice to the email address on file. Continued use of services after that date constitutes acceptance of the updated terms. The updated terms will be posted at garbackidigital.com/terms.
Assignment. Garbacki Digital may assign this agreement to a successor business entity without prior consent, provided the successor assumes all obligations. You may not assign your rights or obligations under these terms without prior written consent.
§7 Contact
Logan Garbacki dba Garbacki Digital
Hicksville, NY
Email: logan@garbackidigital.com
Website: garbackidigital.com
For billing questions, disputes, or legal notices, email the address above with “Legal” in the subject line.
§8 Force Majeure
Neither party is in breach of these terms for delays or failures caused by circumstances outside reasonable control — including natural disasters, internet infrastructure failures, third-party service outages, or governmental actions. The affected party will notify the other as soon as practicable. If a force majeure event continues for more than 30 days, either party may terminate the affected engagement with written notice.
§9 NY Freelance Isn’t Free Act Acknowledgment
Agency engagements are governed by New York’s Freelance Isn’t Free Act (effective August 28, 2024), which requires a written contract for any freelance engagement with a value of $800 or more. This document, together with the signed service agreement, constitutes the written contract required by that law. Garbacki Digital retains a copy of each signed agreement for a minimum of 6 years.