Terms of Service

2. What the Services are

MyTechGuy is a monthly subscription for technology help: advice plus hands-on work such as websites, automations, connecting software, AI tools, email setup, custom scripts and tools, troubleshooting, and software recommendations. All work is done remotely.

How work flows: you add requests to a shared queue. Each one starts with me understanding the problem. Then we agree on the order, and I work on one active request at a time. Bigger projects are broken into smaller pieces, and you can follow progress on a private board.

The subscription buys my ongoing attention, not a fixed amount of output. I’ll work diligently, but I don’t guarantee a number of completed requests per month, a response time, how often I post updates, or a completion date. Timing depends on complexity, my availability, third-party services, and how quickly you answer questions. Time spent waiting on you still counts as subscription time.

You’re hiring my time, skill, and judgment, not a promised result. Some ideas turn out not to be possible, or not worth what they’d cost, once I look closely. When that happens, I’ll tell you and suggest another way. The time spent finding that out still counts as subscription time.

The Services are not emergency or on-call support. There is no 24/7 coverage, uptime monitoring, or service-level guarantee unless we agree to one in writing.

If something I built stops working, tell me and it goes to the front of your queue; I’ll work on it as soon as I reasonably can during my normal working hours. For problems caused by third-party services, such as hosting or email providers, I’ll help as much as I can, but the fix may depend on that provider.

I may decline or stop any request that I consider outside the scope of the Services, unlawful, unsafe, harmful to others, infringing, a security risk, or not a good fit. I’ll tell you when that happens.

I do the work myself, with the help of software tools, including AI tools (see Section 6). If a request needs a specialist, I’ll tell you before involving anyone else.

My advice is a professional opinion based on the information you give me. It is not legal, tax, accounting, insurance, HR, or regulatory compliance advice, and it is not a security audit. For those, consult a licensed professional.

I’m an independent contractor, not your employee, partner, or agent. I work with other clients, including businesses in your industry, while keeping your confidential information confidential (Section 7).

One subscription covers one business. You may not resell the Services or submit requests on behalf of someone else without my written agreement.

I sometimes recommend software or services. I may receive referral credit from some providers, but I recommend what I think is right for you regardless.

3. Your responsibilities

Give me accurate information, keep your contact details current, and name one person who can approve work and answer questions.

When you give me access to systems (websites, hosting, domains, email, cloud accounts, software, or data), you confirm that you have the authority to do so. Where possible, create a separate login for me rather than sharing yours, and remove my access when we’re done. You are responsible for activity that happens under credentials you share with anyone.

You are responsible for keeping current backups of your websites, data, and systems, including before I change anything. I’ll take reasonable care, and I’ll make backups myself where practical, but I don’t guarantee that no data will be lost.

You own, or have the right to use, everything you give me: text, images, logos, data, customer lists, software, and credentials. You’re responsible for its accuracy and legality, including any personal information in it.

You’re responsible for how your business uses what I build and advise on, including compliance with marketing laws (such as the rules for emails, text messages, and calls), privacy laws, accessibility requirements, payment-card rules, and the rules of your industry. Decisions about compliance are yours.

You decide what gets done. If I recommend something, such as a security fix, a backup, an update, or a different approach, and you decide not to do it or to do something else, I’m not responsible for what follows from that decision. I’ll put important recommendations in writing so we both have a record.

Review deliverables before you put them to use, and tell me promptly about any problem. Section 9 explains how I handle defects.

Your use of third-party services (hosting, domain registrars, software, AI providers, payment processors) is governed by their terms, and you’re responsible for following them.

Use the Services lawfully and treat me with basic courtesy. If you or anyone acting for you threatens or harasses me, or is abusive or hostile toward me in messages, calls, or meetings, I may end your subscription immediately, without a refund (Section 12).

4. Fees, billing, and cancellation

The subscription price is the one shown on the Website and at checkout when you subscribe. It’s billed monthly in advance and renews automatically each month until you cancel or I end it. If the Website and checkout ever show different prices, I’ll honor the lower one.

Payments are processed by Stripe. By subscribing, you authorize recurring charges to your payment method. Stripe’s terms apply to its services; I don’t see or store your full card number.

Fees don’t include taxes. If any tax applies to your purchase, you’re responsible for it.

If a payment fails, I may pause work and access until it’s resolved, and I may cancel the subscription if it stays unpaid.

You can cancel anytime from the billing portal or by emailing me. Cancellation takes effect at the end of the billing period you’ve already paid for; you keep the Services until then. Work in progress stops at the end of that period, and I’ll hand over whatever is complete.

Fees are non-refundable, including for partial months, unused time, declined requests, or dissatisfaction, except where the law requires a refund, I agree to one in writing, or Section 12 or 13 promises one.

I don’t offer paused subscriptions. If you cancel and subscribe again within 30 days, you keep the price you had. After 30 days, the price shown at that time applies. Either way, it depends on whether I have room.

If you dispute a legitimate charge with your bank or card issuer instead of contacting me, I may suspend or end the Services, and you remain responsible for the amount owed.

I may change the price for new subscriptions at any time. That never changes the price of a subscription that’s already active.

Your price is locked. Whatever price you subscribe at stays the same until your subscription ends, and for 30 days after that if you come back (above). A locked price is a promise about price, not a promise to keep your subscription going or to keep offering the Services (Sections 12 and 13). I won’t end a subscription just to charge you more for the same Services.

The subscription covers my time, not third-party costs. Software subscriptions, hosting, domains, email services, API and AI usage, plugins, licenses, stock assets, and similar costs are yours to pay, in accounts set up in your name. I’ll tell you before anything that costs money. If, with your approval, I pay a third-party cost on your behalf, you’ll reimburse me.

I take on a limited number of clients so each one gets real attention. I may decline any new or returning subscription, for example when I’m at capacity. If I decline one after it’s paid, I’ll refund that payment in full. Founding spots go to the first clients whose payments go through, in that order. If yours goes through after the last spot is taken, I’ll tell you within two business days and either give you a founding spot anyway or refund your payment in full.

5. Ownership of the work

Once you’ve paid for the billing period in which the work was done, you own the work I create specifically for you under the Services: code, designs, documents, configurations, and content (the “Deliverables”). To the extent any rights in a Deliverable don’t pass to you automatically, I assign them to you on payment. Until payment, I keep ownership and may suspend your use of unpaid work.

I keep everything I owned before, created outside our work together, or that is general-purpose: tools, templates, code snippets, libraries, methods, know-how, and skills (“My Materials”). Where My Materials are part of a Deliverable, you get a perpetual, non-exclusive, royalty-free license to use them as part of that Deliverable. You may not sell or license My Materials on their own.

Deliverables may include third-party or open-source components (plugins, libraries, fonts, stock assets, APIs). Those come under their own licenses, which you agree to follow. I’ll tell you when a component needs a paid license and what it is.

Parts of a Deliverable produced with AI tools may not qualify for copyright protection (see Section 6).

You grant me a limited license to use your name, logo, and materials as needed to provide the Services.

I may describe and show the work I’ve done for you (for example, screenshots, a short description, and your business name or logo) on the Website, in my portfolio, and on social media, without revealing your confidential information. If you’d rather I didn’t, tell me in writing and I’ll stop going forward.

If you give me suggestions or feedback about the Services, I may use them freely without any obligation to you.

The Website and everything on it, including its text, design, graphics, logo, and code, belong to me or my licensors. You may use the Website to learn about MyTechGuy and to work with me. You may not copy, scrape, reproduce, or reuse the Website, or use the MyTechGuy name and logo, without my written permission.

6. AI tools, accuracy, and your data

I use AI tools (such as large language models and coding assistants) to research, draft, write code, and build. These tools can be wrong, incomplete, out of date, or produce material similar to what they produce for others. I review what they generate, but you must also review Deliverables before relying on them, especially anything customer-facing or business-critical.

When I use AI tools or other third-party services to do your work, the information I give them, which may include your business information, is processed under those providers’ terms. I use settings and plans that don’t train on inputs where they’re available, and I avoid putting sensitive personal information into AI tools unless the request requires it.

Don’t send me regulated or highly sensitive data, such as health records, full payment card numbers, Social Security numbers, or government ID numbers, unless we’ve agreed in writing how it will be handled. I’m not responsible for data you send me against this rule.

Under current law, material generated entirely by AI may not be protected by copyright, so I can’t guarantee that AI-assisted content is exclusive to you or protectable.

AI systems I build for you (chatbots, assistants, automations) can produce incorrect or unexpected results. You’re responsible for supervising them, for telling your customers about them where the law requires, and for how they’re used in your business.

7. Confidentiality

I’ll keep your non-public business information confidential and use it only to provide the Services. This doesn’t cover information that is public, that I already knew, that I develop independently, or that I’m required by law to disclose. I may share your information with service providers that help me do the work (such as hosting, phone and video calls, project boards, and AI tools), who handle it under their own terms.

You’ll keep my non-public information confidential, such as pricing offers and the details of how I work. This doesn’t cover your own opinion of my work or your experience working with me.

These obligations last for two years after your subscription ends, and indefinitely for trade secrets.

8. Security

I take reasonable steps to protect the systems and information you give me access to, such as using unique passwords and multi-factor authentication. No system is completely secure. I don’t guarantee that your systems, the Deliverables, or any third-party service will be free of vulnerabilities, and I’m not a security auditor.

You should use multi-factor authentication, give me only the access I need, and remove it when we’re done.

If I learn of a security incident involving your information in my possession, I’ll tell you promptly.

9. No guarantees, and how defects are handled

The Website, the Services, and the Deliverables are provided “as is” and “as available.” To the fullest extent the law allows, I disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Services will be uninterrupted, error-free, or secure.

I don’t guarantee outcomes. That includes whether a particular idea can be built, search rankings, website traffic, leads, sales, revenue, cost savings, whether AI tools will recommend your business, compatibility with your other systems, or that any third-party service will keep working, keep its pricing, or continue to exist.

I’m not responsible for outages, changes, data loss, price changes, or discontinuation caused by third-party services.

If a Deliverable doesn’t work the way we agreed, tell me within 30 days of delivery and I’ll make reasonable efforts to fix it as part of your subscription, or at no charge if I ended your subscription without cause or stopped offering the Services before then. That is your sole remedy for defective work.

Some jurisdictions don’t allow certain warranty disclaimers, so some of the above may not apply to you. In that case, these disclaimers apply to the fullest extent permitted.

10. Limit on my liability

To the fullest extent the law allows, I am not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, or data, or for the cost of substitute services, arising out of or related to the Website, the Services, the Deliverables, or these Terms, even if I’ve been told such damages are possible.

To the fullest extent the law allows, my total liability for all claims arising out of or related to the Website, the Services, the Deliverables, or these Terms, under any legal theory, is limited to the total fees you paid me in the three (3) months immediately before the event giving rise to the claim, or $100 if you haven’t paid me anything.

These limits apply together, regardless of the number of claims or the form of action (contract, tort, negligence, strict liability, statute, or otherwise). They are a fundamental part of our agreement; the price of the Services reflects them, and I wouldn’t offer the Services without them.

Nothing in these Terms limits liability that can’t be limited by law, such as liability for fraud, gross negligence, or willful misconduct.

11. Indemnification

You agree to defend, indemnify, and hold me harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your business, products, or services;
• materials or information you provide, including claims that they infringe someone’s rights or violate privacy laws;
• your use of the Services or the Deliverables, including any AI system or automation I build operating as you configured or used it;
• your violation of these Terms or of any law, including marketing, privacy, and consumer-protection laws;
• claims by your customers, users, employees, vendors, or partners; or
• access or instructions you gave me, including changes you asked me to make to systems or data.

I’ll notify you promptly of any such claim and cooperate reasonably. You may control the defense with counsel reasonably acceptable to me, but you may not settle a claim in a way that admits fault on my behalf or imposes obligations on me without my written consent.

12. Term, suspension, and ending the agreement

These Terms apply from your first use of the Website. Your subscription starts when you subscribe and continues month to month until you cancel it under Section 4 or I end it under this Section or Section 13.

I may suspend or end your subscription immediately, without a refund, if:

• you seriously break these Terms, or don’t pay;
• you or anyone acting for you threatens or harasses me, or is abusive or hostile toward me in messages, calls, or meetings;
• you misuse my systems, ask me to do unlawful work, or insist on work I’ve declined as unsafe;
• you dispute a legitimate charge with your bank or card issuer instead of contacting me first; or
• your business, or the work you ask for, would put me at legal risk.

An honest review or complaint is never a reason to end your subscription this way. If I suspend your subscription for a reason other than a failed payment, I’ll either lift the suspension or end your subscription before your next renewal.

I may also end your subscription at any time, for any other reason or for no reason (“without cause”), by telling you in writing. I don’t have to give a reason. Your subscription won’t renew, and you keep the Services through the end of the period you’ve already paid for. If I stop sooner, I’ll refund the days left in that period, prorated by day.

When your subscription ends: I stop work; I deliver the completed Deliverables you’ve paid for; you remove my access to your systems, and I delete the credentials you shared; and for 30 days you may ask for copies of your files that I hold, after which I delete them, except records I must keep (Privacy Policy, Section 7). I’ll make reasonable efforts to hand over any accounts I set up for you. If I ended your subscription without cause or stopped offering the Services (Section 13), I’ll also hand over work in progress as it stands, with a short note on where it’s at. A refund under this Section or Section 13 doesn’t change your ownership of work done before I stopped.

Sections that by their nature should survive, including payment and refund obligations, the handover steps above, ownership, confidentiality, disclaimers, the limit on my liability, indemnification, and dispute resolution, survive the end of the agreement.

13. Changes to these Terms and to my business

I may update these Terms from time to time. For material changes, I’ll email subscribers at least 30 days before the changes take effect and update the “Last updated” date at the top of this page. If you keep using the Services after the effective date, you accept the updated Terms. If you don’t agree, cancel before then.

I currently provide the Services as an individual. I intend to form a limited liability company or another business entity for MyTechGuy. I may assign or transfer this agreement, including your subscription, your billing arrangement, and my obligations to you, to that entity, or to a successor that acquires the business, without your consent. I’ll notify you by email at least 30 days before the transfer takes effect. From the effective date, the new entity replaces me as the party to this agreement, and references to “I”, “me”, and “MyTechGuy” mean that entity. Your subscription, price, and any work in progress continue unchanged unless changed under this Section. If you keep using the Services after the effective date, you accept the transfer and any updated terms that come with it. If you don’t, cancel before then.

I may stop offering the Services altogether, at any time. If I do, I’ll tell you by email, and your subscription won’t renew again. You keep the Services through the end of the period you’ve already paid for. If I stop sooner, I’ll refund the days left in that period, prorated by day. No subscription, at any price, obliges me to keep offering the Services.

You may not assign or transfer this agreement without my written consent.

14. Governing law and disputes

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules.

If you have a dispute with me, email me first and describe it. We’ll both make a good-faith effort to resolve it informally for at least 30 days before either of us starts a formal proceeding.

Any dispute we can’t resolve informally will be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to their jurisdiction. Either of us may instead bring a qualifying claim in small claims court.

To the extent the law allows, each of us waives the right to a jury trial and agrees to bring claims only individually, not as part of a class or representative action.

Any claim related to these Terms, the Website, the Services, or the Deliverables must be filed within one year after it arises, or it is permanently barred.

In any action to enforce these Terms, the prevailing party may recover its reasonable attorneys’ fees and costs.

Either of us may seek an injunction in any court of competent jurisdiction to protect intellectual property or confidential information.

15. Using the Website, and your privacy

You may use the Website to learn about MyTechGuy, book a call, and subscribe. You may not use bots or scrapers on it, interfere with it or try to gain unauthorized access, copy or frame it, impersonate anyone, or use it to harass or defraud.

The Website links to and embeds third-party services, such as the booking calendar (Cal.com) and payment processing (Stripe). Those services have their own terms and privacy policies, and I’m not responsible for them.

I may change, suspend, or discontinue any part of the Website at any time, and I may block access by anyone who violates these Terms.

How I handle personal information is explained in my Privacy Policy, which is part of these Terms.

16. Referral rewards

If you refer a business to me and it becomes a client, I’ll pay you a referral reward. The current reward is $100. Every reward is paid out of a subscription payment I’ve already received, and these rules exist so the program can’t be gamed:

• New client means a business that hasn’t been my client before. It can’t be a business you own, run, or work for, or one owned by someone in your household, and it can’t share an owner, payment method, address, or email domain with you. A client who cancels and later comes back isn’t new.
• To get credit, the new client names you when they book or subscribe, or you tell me in writing before they subscribe. If more than one person is named, the first one gets the reward. I settle disputes in good faith, and my decision is final.
• The reward is earned when the new client’s second full billing month has passed, their first two payments have settled, and no refund or chargeback has been requested.
• I pay within 30 days after that, by Venmo, Zelle, or PayPal, or as a credit on your own subscription if you’re a client. Credits have no cash value and expire if your subscription ends, unless I ended it without cause or stopped offering the Services; then I’ll pay any unused credit the way I pay rewards. Before paying, I may ask for your legal name and tax information, and I may delay payment while I check a referral that looks suspicious.
• If the new client’s payment is later refunded, reversed, or charged back, or the signup turns out to be fake or fraudulent, the reward isn’t owed. If I’ve already paid it, you’ll repay it within 30 days of my asking, or I’ll deduct it from other rewards or credits.
• One reward per new client, and no more than 10 rewards per person per calendar year.
• Promote honestly. No spam or bulk messaging, no paid ads or domains using the MyTechGuy name, no coupon or deal sites, no pretending to be me or to work for me, no promises that aren’t on the Website, and no paying or offering anything to the new client for signing up.
• If I believe a referral is fake, self-dealing, or abusive, I may withhold the reward, cancel the subscriptions involved, and end your participation in the program.
• Referring someone doesn’t make you my agent, employee, or partner, and you can’t make commitments on my behalf.
• Taxes on rewards are your responsibility.
• I may change, pause, or end the program at any time. Changes apply to referrals made after the change, and rewards already earned will be paid.

17. General terms

These Terms, together with any written scope or confirmation we exchange by email for a specific request, are the complete agreement between us about the Website and the Services, and they replace any earlier discussions. If a written confirmation conflicts with these Terms, these Terms control unless the confirmation says it overrides a specific section.

If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part is enforced to the fullest extent the law allows.

If I don’t enforce a part of these Terms, that isn’t a waiver of my right to enforce it later.

Neither of us is liable for delays or failures caused by events outside our reasonable control, such as outages of third-party services, internet or power failures, natural disasters, illness, or government actions. Payment obligations aren’t excused by this.

Notices to you go to the email address on your subscription. Notices to me go to the contact email shown on the Website or, if you’re a client, the address I use to correspond with you. Email counts as written notice.

You agree to receive communications from me electronically, including notices, receipts, and updates to these Terms.

Calls with me may be recorded and transcribed so I don’t miss anything. I’ll tell you at the start of the call, and staying on the call means you agree. If you’d rather not be recorded, tell me and I’ll stop recording. The Privacy Policy explains where recordings are stored and when they’re deleted.

These Terms don’t create any rights for anyone other than you and me. Headings are for convenience only, and “including” means “including without limitation.”