Terms of Service

Disclaimer: Draft prepared for operational use. Not legal advice. Have a licensed New Jersey attorney review before publication.

Effective date: June 10, 2026 Last updated: June 10, 2026

1. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the website, services, and communications of Jonathan Killough d/b/a Killough Works ("Killough Works," "we," "us," or "Provider"), a freelance technology and digital services business based in South Jersey, New Jersey, United States.

By accessing https://killough.works (the "Site"), submitting an inquiry, booking a call, or paying for a service, you agree to these Terms and our Privacy Policy, Refund Policy, AI Disclosure, and Intellectual Property Policy. If you do not agree, do not use the Site or purchase services.

For paid project work, these Terms supplement — but do not replace — a signed or electronically accepted Service Agreement when one is provided. If there is a conflict between these Terms and a signed Service Agreement, the Service Agreement controls for that project.

2. Who we are and what we do

Killough Works provides freelance technology, web development, AI-assisted development, business automation, landing pages, branding assistance, digital consulting, content creation assistance, workflow design, and small-business technology support.

Public offers on the Site may include:

Descriptions, timelines, and deliverables on the Site are summaries. Exact scope for paid work is defined in checkout materials, email confirmation, and/or a Service Agreement.

3. No guaranteed business outcomes

Killough Works does not guarantee increased revenue, leads, bookings, search rankings, conversions, uptime, or any specific business result. Recommendations and deliverables are professional opinions and practical implementations based on information you provide. Results depend on your market, offer, operations, traffic, and how you use what we deliver.

4. Eligibility

You must be at least 18 years old and able to form a binding contract. If you use the Site on behalf of a business, you represent that you have authority to bind that business.

5. Account, access, and acceptable use

You agree not to:

• Use the Site unlawfully or to transmit unlawful, infringing, or harmful content
• Attempt to gain unauthorized access to our systems or third-party systems
• Scrape, overload, or interfere with Site operation
• Misrepresent your identity, authority, or project requirements
• Provide credentials or materials you do not have the right to share

You are responsible for the accuracy of information you submit and for maintaining backups of your website, data, and content before we make changes, where applicable.

6. Service tiers and scope boundaries

6.1 Friction Check

A diagnostic review service and a Limited-Scope Engagement (see Section 6.5). It is not a full implementation, redesign, accessibility audit, security audit, or ongoing support engagement unless separately agreed in writing.

6.2 First Fix

One scoped improvement and a Limited-Scope Engagement (see Section 6.5). It is not unlimited revisions, multi-page rebuilds, custom application development, or emergency production support unless separately agreed.

6.3 Mini Build

A starter payment toward a small custom build. Final scope, total price, milestones, and deliverables must be confirmed before work expands beyond the starter step. The starter payment alone does not obligate Killough Works to complete an open-ended build without agreed scope.

6.4 Out of scope unless explicitly included

Examples of work generally out of scope unless listed in a Service Agreement:

• Full website redesigns or rebrands
• Enterprise software development
• Legal, tax, medical, or financial advice
• Guaranteed WCAG/ADA compliance audits or remediation
• 24/7 monitoring or on-call support
• Paid media management, SEO guarantees, or reputation management
• Recovery from prior developer lockout, malware, or hosting disputes

If a problem exceeds the purchased tier, we will say so and offer a next step rather than silently expanding scope.

6.5 Limited-Scope Engagements

Friction Check and First Fix are Limited-Scope Engagements. They include only the deliverables described for the purchased tier. They do not include ongoing support, maintenance, monitoring, future updates, bug fixes for unrelated issues, platform changes made by third parties after delivery, or rework caused by Client or third-party modifications unless separately purchased in writing.

7. Payments

7.1 Pricing and currency

Prices are shown in U.S. dollars (USD) unless otherwise stated. Published prices may change; the price shown at checkout controls for that transaction.

7.2 Stripe

Payments are processed by Stripe, Inc., a third-party payment processor. When you pay, you leave the Site and are subject to Stripe's terms and privacy practices for payment processing. Killough Works does not store full payment card numbers.

7.3 Payment is not a full project contract by itself

Payment through a Stripe link confirms purchase of the described starter offer. Larger or custom work may still require a separate Service Agreement, written scope approval, or additional invoices before expanded work begins.

7.4 Taxes

You are responsible for applicable taxes unless we are required by law to collect them and do so at checkout.

Refunds are governed by our Refund Policy.

7.5 Payment disputes and chargebacks

Client agrees to contact Killough Works at jonathan@killough.works regarding billing concerns before initiating a chargeback or payment dispute with a financial institution, when practicable. See also our Refund Policy.

8. Client responsibilities

You agree to:

• Provide accurate project information, URLs, and context
• Provide timely responses, approvals, and access needed to perform work
• Ensure you have rights to content, logos, images, trademarks, and data you supply
• Maintain current backups of websites, databases, content, and business systems before any live changes (see Section 8.1)
• Review all deliverables before publishing, deploying, or relying on them
• Use secure access methods when sharing platform permissions; avoid sending plaintext passwords when safer alternatives exist
• Comply with laws applicable to your business and content

8.1 Backups

Client remains solely responsible for maintaining current backups of websites, databases, content, and business systems before any live changes. Killough Works is not responsible for data loss, corruption, downtime, or restoration costs arising from missing, outdated, or failed backups.

8.2 Authorization to modify systems

By providing credentials, delegated access, administrative permissions, or written instructions, Client authorizes Killough Works to make the requested modifications to Client systems. Client acknowledges that website, automation, API, and platform changes may produce unintended effects despite reasonable care.

8.3 Acceptance of deliverables

Deliverables are deemed accepted if Client publishes or uses them in production, provides written acceptance, or does not report a material non-conformance within seven (7) days of delivery notice.

9. AI-assisted services

Killough Works may use artificial intelligence tools to assist with research, drafting, coding, automation design, and prototyping. See our AI Disclosure.

AI-assisted outputs may require human review and may contain errors. You are responsible for reviewing deliverables before use. AI tools are not a substitute for licensed legal, financial, medical, or compliance advice.

10. Intellectual property

Ownership and license rules are defined in our Intellectual Property Policy and in any applicable Service Agreement.

In summary:

• Your materials: You retain ownership of content and materials you provide. You grant us a limited license to use them to perform the services.
• Deliverables: Upon full payment for the applicable engagement, ownership or license to agreed final deliverables transfers or is granted as stated in the Service Agreement or offer description.
• Provider materials: We retain ownership of pre-existing tools, templates, know-how, reusable components, prompts, and internal methods, even if incorporated into a deliverable, unless otherwise agreed in writing.

11. Confidentiality

We treat non-public business information you share as confidential and use it only to provide services, unless you authorize otherwise or disclosure is required by law. Confidentiality obligations do not apply to information that is public, independently developed, or lawfully received from a third party without restriction.

12. Third-party platforms and services

Work may involve third-party platforms such as WordPress, Squarespace, Wix, Shopify, Stripe, Resend, Cal.com, Calendly, Google, Meta, automation tools, or hosting providers. We are not responsible for third-party outages, policy changes, price changes, account suspensions, or platform limitations outside our control.

You are responsible for maintaining your own accounts, subscriptions, and licenses with those providers.

12.1 Platform access and credentials

Killough Works is not responsible for third-party account lockouts, platform enforcement actions, policy violations, account suspensions, credential compromises, authentication failures, or access issues on Client-controlled platforms (including WordPress, Squarespace, Wix, Shopify, Meta, Google, and hosting panels), except to the extent directly caused by Provider's intentional misconduct or gross negligence.

13. Portfolio and promotional use

Unless you opt out in writing, you grant Killough Works permission to display non-confidential project work in portfolio, case studies, and marketing materials after delivery. We will honor written opt-out requests before first publication. We will not publish sensitive credentials, private customer data, or embargoed materials. You may revoke future promotional use prospectively by written notice.

14. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KILLOUGH WORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or secure, or that deliverables will be free from defects in every environment.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. KILLOUGH WORKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. 2. KILLOUGH WORKS'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR A SPECIFIC PAID ENGAGEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KILLOUGH WORKS FOR THAT ENGAGEMENT IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations. In those cases, limitations apply to the fullest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Killough Works from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of:

• Content, data, or materials you provide
• Your unlawful use of deliverables
• Your breach of these Terms
• Disputes between you and your customers related to your business operations, except to the extent caused by our intentional misconduct or gross negligence

17. Dispute resolution

We prefer to resolve concerns informally first. Contact jonathan@killough.works with a written description of the issue.

If informal resolution fails:

1. The parties will attempt good-faith negotiation for thirty (30) days. 2. If still unresolved, either party may pursue remedies in the courts described in Section 18.

18. Governing law and venue

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. Exclusive venue for disputes not subject to alternate dispute resolution lies in the state or federal courts located in New Jersey, and each party consents to personal jurisdiction there.

19. Electronic communications

You consent to receive communications electronically, including email and messages through project tools. You agree that electronic communications satisfy any legal writing requirement where permitted by law.

20. Changes to these Terms

We may update these Terms by posting a revised version on the Site with a new effective date. Material changes will not apply retroactively to completed paid engagements except where required by law. Continued use after the effective date constitutes acceptance of the updated Terms.

21. Termination

We may suspend or refuse service if you breach these Terms, create legal or security risk, or fail to pay agreed amounts. Sections that by nature should survive termination will survive, including payment obligations, IP terms, disclaimers, limitation of liability, indemnity, and governing law.

22. Miscellaneous

• Entire agreement: These Terms, together with referenced policies and any signed Service Agreement, form the agreement regarding Site use and standard service offers.
• Severability: If any provision is unenforceable, the remainder stays in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a business reorganization or sale.
• Force majeure: We are not liable for delay or failure due to events beyond reasonable control.

23. Contact

Killough Works Jonathan Killough d/b/a Killough Works South Jersey, New Jersey, United States Email: jonathan@killough.works

*Related: Privacy Policy · Refund Policy · AI Disclosure · Intellectual Property Policy*