Terms and Conditions

Effective Date: July 15, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://matthew-daniel.com (the “Site”), operated by Matthew Daniel (“we,” “us,” or “our”).

By accessing, browsing, or using the Site, purchasing products, or engaging our services, you agree to be bound by these Terms. If you do not agree, you must not use the Site.

1. Business Identity and Jurisdiction

Matthew Daniel operates this Site as an independent consulting and creative services business.

  • Primary place of business and residence: Utah, United States
  • Web hosting and technical infrastructure: United States (including New York)

Governing law and venue are determined by the operator’s place of residence, not server location. See Section 14.

2. Scope of Offerings

The Site offers two distinct categories of offerings, each governed by these Terms:

A. Consulting and Professional Services

Including, but not limited to:

  • Creative consulting
  • Brand strategy
  • Creative operations optimization
  • Automation and AI integration
  • Audits, workshops, retainers, and advisory services

B. Products and Digital Goods

Including, but not limited to:

  • Digital downloads
  • Templates
  • Educational materials
  • Physical or digital products sold through WooCommerce

Different terms apply to each category, as outlined below.

3. Use of the Website

You agree to use the Site only for lawful purposes and in a manner that does not:

  • Violate applicable laws or regulations
  • Infringe intellectual property rights
  • Interfere with Site functionality or security
  • Attempt unauthorized access to systems or data

We reserve the right to restrict or terminate access at our sole discretion.

4. Consulting and Professional Services Terms

4.1 Nature of Services

All consulting services are provided on a professional, best-effort basis. Outcomes depend on factors outside our control, including client execution, market conditions, and third-party platforms.

No guarantees are made regarding results, revenue, performance improvements, or business outcomes.

4.2 Client Responsibilities

You agree to:

  • Provide accurate and timely information
  • Participate in meetings and reviews as required
  • Make decisions and approvals in a timely manner

Delays caused by the client may impact timelines and deliverables.

4.3 Payment and Fees

  • Fees, scope, timelines, and deliverables are defined in written proposals, invoices, or agreements
  • Payment terms must be honored as stated
  • Late or non-payment may result in suspension or termination of services

All consulting fees are non-refundable once services have commenced unless otherwise stated in writing.

5. Product Sales, Digital Goods, and Ecommerce

5.1 Ordering and Availability

All products are subject to availability. We reserve the right to:

  • Modify or discontinue products at any time
  • Refuse or cancel orders for any reason

5.2 Digital Products

Due to the nature of digital goods:

  • All digital product sales are final
  • No refunds are provided once access or download is granted, unless required by law

5.3 Physical Products

Refunds or returns, if offered, are governed by the product-specific policy presented at checkout.

6. Payments and Third-Party Processors

Payments on this Site are processed securely through third-party providers, including Stripe and WooCommerce.

  • We do not store full payment card details
  • Payment data is handled directly by the processor
  • Your use of these services is subject to their respective terms and privacy policies

We are not responsible for errors, outages, or actions taken by payment processors.

7. Taxes

Applicable sales tax is calculated and collected where required by law using automated tax services.

You are responsible for any taxes not collected at checkout.

8. Intellectual Property

All Site content, including text, visuals, frameworks, processes, downloads, and materials, is the intellectual property of Matthew Daniel unless otherwise stated.

You may not:

  • Reproduce
  • Resell
  • Redistribute
  • Create derivative works

Without prior written permission, except for personal, non-commercial use.

Consulting deliverables may be governed by additional license terms stated in written agreements.

9. User-Generated Content

If you submit comments, reviews, or other content:

  • You grant us a non-exclusive, royalty-free license to use and display it
  • You confirm you have the right to submit such content

We reserve the right to remove content at our discretion.

10. Professional Disclaimer

Content provided on this Site is for informational and educational purposes only.

Nothing on this Site constitutes legal, financial, medical, or professional advice. You should consult appropriate professionals before acting on information presented.

11. Limitation of Liability

To the fullest extent permitted by law, Matthew Daniel shall not be liable for:

  • Indirect or consequential damages
  • Loss of revenue, data, or business opportunities
  • Platform outages or third-party failures
  • Decisions made based on Site content or services

Your sole remedy is to discontinue use of the Site.

12. Indemnification

You agree to indemnify and hold harmless Matthew Daniel from any claims, damages, or expenses arising from your use of the Site, services, or products, or violation of these Terms.

13. Termination

We reserve the right to suspend or terminate access to the Site or services at any time, with or without notice, for conduct that violates these Terms or applicable law.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict-of-law principles.

Any disputes shall be resolved exclusively in the state or federal courts located in Utah.

15. Changes to These Terms

We may update these Terms periodically. Updates will be posted on this page with a revised effective date.

Continued use of the Site constitutes acceptance of the updated Terms.

16. Contact Information

For questions regarding these Terms, contact:
https://matthew-daniel.com/contact