Terms of Use

1. Acceptance and enforceability

By accessing or using the Site after receiving notice of these Terms, you accept these Terms to the extent applicable law recognizes that acceptance. Where Paper Monkey presents these Terms in connection with an affirmative action and you take that action, you agree that the action may evidence assent. Nothing in this section eliminates a legal requirement for conspicuous notice, affirmative assent, a signature, or separate consent.

If you use the Site on behalf of a business, organization, or other person, you represent that you have authority to act for and bind that party with respect to the use at issue. “You” includes that party. If you lack authority or do not agree to these Terms, you may not use the Site on the party’s behalf.

2. Scope and order of precedence

These Terms apply to the public Site and do not constitute a proposal, statement of work, order, license for client deliverables, maintenance agreement, data-processing agreement, or other contract for paid work. A separate written project agreement establishes the accepted scope, responsibilities, price, payment terms, schedule, ownership, licenses, support, renewal, transfer, risk allocation, and other terms for client work.

If a controlling project agreement conflicts with these Terms, the project agreement controls for that project. These Terms continue to govern unrelated use of the public Site. A privacy notice, accessibility statement, case study, proposal draft, email, or informal discussion does not alter a controlling agreement unless the agreement permits that method of amendment.

3. Eligibility and use by minors

The Site provides general business information and is not directed to children under 13. A person below the age of legal majority may use the Site only with the permission and supervision of a parent or legal guardian. A person may not use the Site where that use is prohibited by applicable law or while subject to a legal restriction that makes the use unlawful.

4. No offer, acceptance, or professional relationship

Site descriptions, public prices, examples, estimated timelines, and statements concerning possible work are informational. They do not constitute a binding offer, quote, acceptance, scope of work, service level, warranty, delivery commitment, promise of availability, or obligation to accept an inquiry. Subject to applicable law, Paper Monkey may accept, reject, or request changes to a proposed engagement in its discretion unless a controlling written agreement states otherwise.

Visiting the Site, sending an inquiry, or receiving a response does not create a client, contractor, fiduciary, attorney-client, advisory, agency, partnership, joint-venture, employment, or other professional relationship. No paid work begins, and no deadline or responsibility is accepted, until the applicable written agreement is accepted in the manner it requires.

5. No professional advice or guaranteed result

Site content is general business and service information. It is not legal, tax, accounting, financial, insurance, employment, cybersecurity, regulatory, procurement, or accessibility-compliance advice and should not be treated as a substitute for advice from a qualified professional familiar with the relevant facts and jurisdiction.

Examples, demonstrations, case studies, estimates, public prices, and descriptions of possible outcomes are not guarantees. Results may depend on client information and decisions, third-party services, hosting and domain providers, browsers and devices, search engines, market conditions, user behavior, accessibility needs, and changes in law or technology. An express commitment for client work must appear in the controlling project agreement.

6. Inquiries and submitted material

You retain any rights you lawfully hold in material you send. You grant Paper Monkey a nonexclusive permission to receive, transmit, store, copy, review, and use that material as reasonably necessary to evaluate and respond to the inquiry, communicate with you, protect the Site and Paper Monkey’s rights, and perform work later authorized by a controlling agreement. You represent that you have authority to send the material and to permit those uses and that the material and permitted uses do not violate law or another person’s rights.

An initial inquiry is not confidential merely because it is sent to Paper Monkey. Do not send trade secrets, regulated records, credentials, source code not intended for evaluation, private customer data, or other material requiring special handling until Paper Monkey has agreed in writing to receive it through an appropriate method. Receipt of an unsolicited idea does not create an obligation of secrecy, exclusivity, compensation, or development and does not restrict the use of information independently developed, previously known, lawfully received from another source, or publicly available. Nothing in this section overrides a confidentiality obligation imposed by applicable law or a separate written agreement.

7. Communications and time-sensitive matters

The contact form transmits an inquiry through a stateless relay to Paper Monkey’s email service. A success message means the relay accepted the request for delivery; it does not guarantee that a message will be filtered correctly, read, or answered within a particular period unless a controlling written agreement expressly states otherwise. A form confirmation, delivery receipt, or acknowledgement does not establish acceptance of work.

Do not use the Site, contact form, or an ordinary inquiry email for emergencies, legal process, contractual notices, filing or response deadlines, active security incidents requiring immediate action, or any matter in which silence or delay could cause harm. A notice required under a project agreement must be delivered by the method specified in that agreement.

8. Limited license to use the Site

Subject to these Terms, Paper Monkey grants a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Site for lawful personal use or for evaluating Paper Monkey’s services on behalf of an authorized business. The license does not transfer ownership, authorize republication or commercial exploitation, or grant any right to source code, nonpublic systems, marks, artwork, methods, templates, or reusable components.

Paper Monkey may revoke this license if use violates these Terms, threatens the Site or another person, infringes rights, or is otherwise unlawful. Rights not expressly granted are reserved.

9. Ownership, copyright, and trademarks

The Site and its original text, artwork, visual identity, layout, software, compilation, and other materials are owned by Paper Monkey or used with permission and are protected by copyright, trademark, trade-dress, unfair-competition, and other applicable laws. “Paper Monkey,” “Paper Monkey Small Business Systems,” associated artwork, and related identifiers may not be used in a manner likely to imply sponsorship, endorsement, affiliation, approval, or source without prior written permission.

Client names, marks, content, and work identified as belonging to a client or another party remain the property of their respective owners. Ownership and license rights in client deliverables, client content, domains, data, reusable frameworks, tools, and general-purpose components are determined by the controlling project agreement, not by these Terms or by display of an example on the Site.

10. Prohibited conduct

You may not use or attempt to use the Site to violate law or another person’s rights; submit false, misleading, defamatory, infringing, unlawful, or malicious material; impersonate another person; misrepresent authority or affiliation; distribute malware or harmful code; probe, scan, or test a vulnerability without prior written authorization; bypass an access or security control; gain unauthorized access; interfere with operation; impose an unreasonable or disproportionately large load; harvest personal information; send unsolicited bulk communications; or assist another person in doing any of those things.

You may not reproduce, modify, translate, distribute, display, sell, license, frame, mirror, republish, or create derivative works from a material part of the Site except as expressly authorized in writing or permitted by nonwaivable law. You may not remove ownership notices, falsely attribute Site content, or use the Site in a manner that suggests a relationship Paper Monkey has not approved.

11. Automated access and machine learning

Except for ordinary browser use, accessibility technology used by an individual, and legitimate indexing by a public search engine that complies with published controls, you may not use a bot, scraper, crawler, data-mining tool, automated agent, or similar means to access, monitor, extract, reproduce, or assemble Site content without prior written permission.

You may not use Site content, nonpublic information, or Paper Monkey materials to train, fine-tune, evaluate, benchmark, ground, or supply a machine-learning or generative system without prior written permission, except to the extent a restriction is prohibited by applicable law. This section does not restrict a person’s lawful use of assistive technology.

12. Feedback

If you voluntarily send a nonconfidential suggestion specifically identified as feedback about the Site, you grant Paper Monkey a nonexclusive, worldwide, royalty-free right to use, reproduce, adapt, and implement that feedback to evaluate or improve the Site and Paper Monkey’s services without compensation or attribution. This provision does not apply to a public review or criticism, a general business inquiry, confidential information, client content, or material governed by a controlling project agreement.

13. Third-party services and external links

The Site may rely on or link to services operated by others, including hosting, domain, network, email, browser, and external website services. A link or technical dependency does not mean Paper Monkey controls, endorses, sponsors, guarantees, or accepts responsibility for the service or its content, availability, accessibility, privacy, security, conduct, or terms.

Your use of an external service is governed by your relationship with its operator. Paper Monkey is not responsible for loss caused by an external service except to the extent a controlling written agreement expressly assigns that responsibility to Paper Monkey and applicable law permits the allocation.

14. Site availability, changes, and errors

Paper Monkey may maintain, test, correct, modify, restrict, suspend, or discontinue any part of the Site at any time. Paper Monkey uses reasonable efforts to maintain accurate public information but does not warrant that the Site will be error-free, continuously available, secure, or compatible with every browser, device, assistive technology, extension, network, or external service. A visitor should confirm information material to a decision through a current written agreement or direct communication.

Paper Monkey may correct typographical, pricing, technical, or factual errors and may withdraw or revise Site content without preserving an earlier public version. A Site error does not amend a controlling written agreement or require Paper Monkey to accept or perform work on erroneous terms.

15. Disclaimer of warranties

To the fullest extent permitted by applicable law, the Site is provided “as is,” “as available,” and “with all faults.” Paper Monkey disclaims all warranties, representations, conditions, and guarantees concerning the Site, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, quiet enjoyment, availability, security, and freedom from harmful components.

No statement on the Site creates a warranty unless it is expressly included in a controlling written agreement. Some jurisdictions do not permit certain warranty exclusions. Nothing in these Terms excludes a warranty, remedy, or consumer right that applicable law does not permit to be excluded.

16. Limitation of liability

To the fullest extent permitted by applicable law, Paper Monkey and its owners, personnel, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damage; loss of profit, revenue, opportunity, goodwill, use, or data; business interruption; computer or device damage; or cost of substitute services arising from or related to the Site, regardless of the theory of liability and even if advised that the loss was possible.

Where these Terms form an enforceable agreement, and to the fullest extent permitted by applicable law, the aggregate liability of Paper Monkey and the persons identified above for all claims arising solely from access to or use of the public Site will not exceed the greater of one hundred United States dollars or the amount paid specifically for access to the Site during the twelve months preceding the event giving rise to the claim. The existence of multiple claims does not enlarge that limit.

The exclusions and limits in this section do not apply to fraud, gross negligence, willful misconduct, or liability that applicable law does not permit to be excluded or limited. A controlling project agreement may contain a different allocation of risk for paid work.

17. Indemnification for unlawful misuse

Where these Terms form an enforceable agreement, and to the fullest extent permitted by applicable law, you will indemnify and hold harmless Paper Monkey and its owners, personnel, contractors, and agents from a third-party claim, damage, judgment, liability, and reasonable cost or legal fee directly caused by your unlawful or willful misuse of the Site or by malicious, unlawful, or infringing material you submit without authorization.

This obligation applies only to the extent the claim results from conduct for which you are legally responsible. It does not require indemnification of a protected party for that party’s own negligence, gross negligence, fraud, willful misconduct, breach of an independent duty, or conduct that applicable law does not permit to be shifted. Paper Monkey will provide reasonable notice of a covered claim and permit reasonable participation in its defense. You may not settle a claim in a manner that admits fault by or imposes an obligation on a protected party without that party’s written consent.

18. Enforcement, suspension, and equitable relief

Paper Monkey may restrict or terminate access when it reasonably believes use violates these Terms, threatens security or operation, infringes rights, exposes Paper Monkey or another person to risk, or is otherwise unlawful. Paper Monkey may preserve and disclose information concerning suspected misuse where reasonably necessary to investigate, secure the Site, enforce rights, or comply with law.

Unauthorized access, interference, or misuse of intellectual property may cause harm for which monetary damages are inadequate. Subject to applicable law and court requirements, Paper Monkey may seek injunctive or other equitable relief in addition to any other available remedy. No delay in seeking relief constitutes consent or waiver.

19. Governing law and forum

Where these Terms form an enforceable agreement, and except where a controlling project agreement or nonwaivable law provides otherwise, these Terms and a dispute arising from the public Site are governed by the laws of the State of Washington, without regard to conflict-of-law rules. Any action concerning these Terms or the Site must be brought in a state court of competent jurisdiction located in Whitman County, Washington, or, where federal subject-matter jurisdiction exists, in the United States District Court for the Eastern District of Washington.

Each party consents to personal jurisdiction in those courts and waives an objection based on improper venue or an inconvenient forum, except to the extent applicable law does not permit the waiver. This section does not prevent Paper Monkey from seeking temporary, injunctive, or protective relief in another jurisdiction to protect the Site, intellectual property, confidential information, security, or persons.

20. Informal notice of dispute

Before filing a claim concerning the Site, a claimant is encouraged, but not required, to send a written description of the dispute and requested resolution to hello@papermonkeysystems.com and allow thirty days for an informal response. This voluntary process need not be used when delay would defeat a claim, permit continuing infringement or security harm, or prevent timely emergency relief. Providing notice does not extend a limitation period or waive a remedy.

21. Privacy and accessibility notices

The Privacy Policy separately describes practices concerning information associated with the Site and inquiries; it is not incorporated as a contractual warranty and does not constitute consent where separate consent is required. The Accessibility Statement describes the Site’s accessibility target, current measures, and assistance process. Neither notice expands a project scope or displaces a right or obligation imposed by applicable law.

22. Changes to these Terms

Paper Monkey may revise these Terms when the Site, business practices, or applicable requirements change. The effective date at the top identifies the current version. Revised Terms apply prospectively when posted, subject to any legally required notice or assent. A revision to these Terms does not retroactively alter an accrued claim or amend a controlling project agreement.

23. Electronic records and communications

Where the parties agree to conduct a transaction electronically, electronic communications, records, and signatures may be used and may have the same legal effect as paper records and handwritten signatures to the extent provided by applicable law. Consent to one electronic transaction does not require either party to conduct every future transaction electronically. You are responsible for retaining copies of records important to you.

24. Assignment; no third-party beneficiaries

You may not assign or transfer rights or obligations under these Terms without Paper Monkey’s prior written consent. Paper Monkey may assign these Terms in connection with a legitimate merger, reorganization, financing, asset transfer, or business succession. An attempted assignment contrary to this section is void to the extent permitted by law.

These Terms do not create rights in a third-party beneficiary, except that a Paper Monkey owner, employee, contractor, agent, licensor, or service provider may rely on a provision that expressly protects that person. No other person is an intended beneficiary.

25. Severability, waiver, and interpretation

If a provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum lawful extent or severed if necessary, and the remaining provisions will remain effective. A waiver must be express and applies only to the instance for which it is given. A failure or delay in enforcing a provision is not a continuing waiver. Remedies are cumulative unless applicable law provides otherwise.

Headings are for convenience and do not limit a provision. “Including” means “including without limitation.” A reference to law includes an applicable amendment or successor. These Terms will not be construed to waive a right or impose an obligation that applicable law does not permit to be waived or imposed.

26. Survival and entire agreement

Provisions that by their nature should survive termination of Site access will survive, including provisions concerning ownership, submitted material, prohibited conduct, warranty disclaimers, liability limitations, indemnification, enforcement, disputes, and miscellaneous terms.

These Terms are the entire understanding concerning authorized use of the public Site and supersede prior statements concerning that subject. The Privacy Policy remains a separate notice. These Terms do not replace, merge with, or amend a controlling proposal, statement of work, order, or project agreement.

27. Contact

Questions about these Terms may be sent to Paper Monkey Small Business Systems at hello@papermonkeysystems.com.