Terms and Conditions – Digital Generalists, LLC.

Digital Generalists, LLC.

1. Agreement to These Terms

Effective date: October 10, 2026

These Terms and Conditions (“Terms”) govern your use of the website at digitalgeneralists.com (the “Site”), the software products published by Digital Generalists, LLC. (“Products”), and the professional services we provide (“Services”). “Digital Generalists,” “we,” “us,” and “our” mean Digital Generalists, LLC., a Colorado limited liability company. “You” means the person or organization using the Site, Products, or Services.

By using the Site, downloading a Product, or engaging us for Services, you agree to these Terms. If you do not agree, please do not use them. If you accept these Terms on behalf of an organization, you confirm you have authority to bind it.

1.1 Who We Are

Digital Generalists is a personal agency spanning the breadth of digital disciplines. We do two kinds of work:

Products we build and publish ourselves, currently the Spiral iPhone app and the SpiralKit open source framework.
Services we perform for clients: website development, WordPress development, iOS and custom application development, graphic design, branding and identity, copywriting, integrated communications strategy, and training and documentation.

1.2 How These Terms Fit With Other Documents

Our Privacy Policy explains how we handle personal data and is part of these Terms.
Product-specific terms, such as an app store license or an open source license, apply to that Product as described in Section 3.
A signed proposal, statement of work, or services agreement (“Engagement Agreement”) governs client Services. If it conflicts with these Terms, the Engagement Agreement controls for that engagement.

1.3 Changes to These Terms

We may update these Terms from time to time. We will post the revised version on this page and change the effective date above. Changes apply from that date forward and do not affect an Engagement Agreement already signed unless both parties agree in writing. Continued use of the Site or Products after a change means you accept the updated Terms.

2. Use of the Website

2.1 Permitted Use

You may view, download, and print Site content for your personal or internal business use, including product documentation and support material. You may not use the Site in a way that is unlawful, harms the Site or its users, or interferes with its operation.

In particular, you agree not to:

attempt to gain unauthorized access to the Site, its hosting, or related systems;
introduce malware or send automated traffic that degrades the Site;
scrape or harvest content or contact details beyond normal browsing and search-engine indexing;
impersonate Digital Generalists or misrepresent your affiliation with us;
use Site content to train machine-learning models or build a competing product without our written permission.

2.2 Our Content and Trademarks

The Site’s text, graphics, logos, screenshots, and design are owned by Digital Generalists or its licensors and are protected by copyright and trademark law. “Digital Generalists,” “Spiral,” “SpiralKit,” and our logos are our trademarks. These Terms do not grant you any right to use them, except to refer accurately to our Products and Services.

Portfolio items shown on the Site, such as client websites, logos, and signage, belong to the respective clients and are shown with their permission.

2.3 Communications You Send Us

If you send us feedback, ideas, or suggestions about our Products or Services, we may use them without obligation to you. Please do not send confidential information through the Site or email unless we have agreed in writing to keep it confidential.

2.4 Third-Party Links and Services

The Site links to third-party sites and services, including the Apple App Store, GitHub, and client websites. We do not control them and are not responsible for their content, availability, or practices. Your use of them is governed by their own terms.

2.5 Availability

We provide the Site as an informational resource and may change, suspend, or remove any part of it at any time without notice. Information on the Site, including feature descriptions, is general and may not reflect the most current version of a Product.

3. Products

Product	What it is	How it’s distributed	License that applies
Spiral by Digital Generalists	iPhone app for handwritten notes, drawing, and sketching	Apple App Store	Apple’s Licensed Application End User License Agreement, plus these Terms
SpiralKit by Digital Generalists	Quartz 2D drawing framework for iOS, written in Objective-C	GitHub	Apache License 2.0

3.1 Spiral

Spiral is licensed, not sold. Your download and use of Spiral are governed by Apple’s standard Licensed Application End User License Agreement (or any custom license we publish in the App Store listing), together with these Terms where they do not conflict.

Purchases and refunds. Purchases are processed by Apple. Refund requests are handled by Apple under its policies; we cannot issue refunds directly.
Your content. Drawings, notes, page titles, and images you create or import in Spiral (“User Content”) belong to you. We do not collect User Content, as described in our Privacy Policy.
Backups. Spiral stores User Content on your device. You are responsible for backing it up, for example through your device’s backup features. We are not liable for lost User Content.
Sharing. When you export, email, print, message, or share content to social networks from Spiral, that content is handled by the receiving service under its own terms.
Updates. We may release updates that add, change, or remove features, and we may stop distributing Spiral at any time. Apple’s terms govern your continued access to versions you have already downloaded.
Apple. Apple is not responsible for Spiral or its support, and Apple and its subsidiaries are third-party beneficiaries of the license with the right to enforce it against you.

3.2 SpiralKit

SpiralKit is open source software released under the Apache License, Version 2.0, and is free to use. Your rights and obligations for SpiralKit are set by that license, including its disclaimer of warranties and limitation of liability. These Terms add nothing that restricts the rights the Apache License grants you.

We offer SpiralKit as a community resource. Issues and contributions are welcome through GitHub, but we do not promise support, fixes, or a release schedule unless we agree otherwise in writing.

3.3 Product Support

Documentation for each Product is available on our Support page. We provide Product support on a reasonable-efforts basis and do not guarantee response times unless a separate agreement says so.

3.4 Future Products

These Terms apply to any additional apps, frameworks, or digital products we publish, unless that product comes with its own terms.

4. Professional Services

This section sets default terms for client work. Each engagement’s scope, schedule, deliverables, and fees are set in an Engagement Agreement, which controls if it differs from this section.

4.1 Services We Offer

Website design and development
WordPress development, including custom themes and plugins
iOS and custom application development
Graphic design, branding, and identity, including logos and print and signage pieces
Copywriting and integrated communications strategy
Training and documentation so your team can manage what we build

4.2 Proposals and Scope

A proposal or estimate is not binding until both parties accept an Engagement Agreement. Work outside the agreed scope is a change request. We will estimate the cost and timing of each change and proceed only after you approve it in writing, which may be by email.

4.3 Your Responsibilities

You agree to provide timely feedback, approvals, content, and access to accounts, hosting, and systems we need. You confirm you have the rights to any text, images, trademarks, data, and other materials you give us (“Client Materials”). Schedules may shift if Client Materials or approvals arrive late.

4.4 Fees, Invoices, and Payment

Fees are as stated in the Engagement Agreement, either fixed-price or time-and-materials.
We may require a deposit before work starts. Deposits are non-refundable once work begins, except as the Engagement Agreement provides.
Invoices are due within 30 days of the invoice date unless otherwise agreed.
We may pause work on accounts more than 15 days past due after written notice.
Third-party costs, such as hosting, domains, plugins, stock assets, fonts, printing, and developer-program or app store fees, are your responsibility unless included in the quote.

4.5 Acceptance

You will review each deliverable within 10 business days of delivery and either accept it or describe in writing how it fails to meet the agreed specifications. We will correct confirmed defects and redeliver. A deliverable is accepted if you do not respond within that period or if you put it into production use.

4.6 Ownership of Work Product

Deliverables. When we receive full payment, we assign to you ownership of the final deliverables created specifically for you, such as your custom site design, logo, and copy.
Our pre-existing tools. We keep ownership of tools, code libraries, frameworks, templates, and know-how we created before or outside your engagement, including SpiralKit. Where these are part of a deliverable, you receive a perpetual, non-exclusive, royalty-free license to use them as part of that deliverable.
Third-party and open source components. Components such as WordPress, plugins, fonts, and open source libraries remain subject to their own licenses.
Client Materials remain yours. You grant us a license to use them only to perform the Services.
Portfolio. Unless you tell us otherwise in writing, we may show completed work and your name in our portfolio and marketing.

4.7 Confidentiality

Each party will protect the other’s non-public business, technical, and financial information with reasonable care and use it only for the engagement. This does not cover information that is public, already known, independently developed, or required to be disclosed by law.

4.8 Warranty for Services

We will perform Services in a professional and workmanlike manner. For 30 days after acceptance, we will fix any deliverable that does not materially conform to the agreed specifications, at no extra charge. This is your sole remedy for a breach of this warranty. It does not cover problems caused by changes made by others, third-party software or platform updates, hosting, or misuse.

4.9 Hosting, Maintenance, and App Store Submissions

Ongoing hosting, maintenance, security updates, and support after the warranty period are not included unless an Engagement Agreement covers them. Approval of apps by Apple or another store is controlled by that store, and we cannot guarantee it.

4.10 Use of AI and Subcontractors

We may use software tools, including AI-assisted development and writing tools, and qualified subcontractors to perform Services. We remain responsible for the work, review all output before delivery, and will not put your confidential information into tools that use it to train models available to others.

4.11 Termination of an Engagement

Either party may end an engagement on 14 days’ written notice, or immediately if the other party materially breaches and does not cure within 10 days of notice. You will pay for work performed and non-cancellable costs incurred through the termination date. Ownership of paid-for deliverables transfers as described in Section 4.6.

5. Disclaimers

EXCEPT AS EXPRESSLY STATED IN SECTION 4.8 OR IN AN ENGAGEMENT AGREEMENT, THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NOT BE LOST.

Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility.
Our total liability arising from the Site or a Product is limited to the greater of the amount you paid us for that Product in the 3 months before the claim or US$50.
Our total liability arising from Services is limited to the fees you paid us under the relevant Engagement Agreement in the 3 months before the claim.

These limits do not apply to a party’s fraud, gross negligence, or willful misconduct, or to your payment obligations.

7. Indemnification

You will defend and indemnify Digital Generalists against third-party claims arising from your misuse of the Site or Products, your violation of these Terms, or Client Materials that infringe another party’s rights. We will defend and indemnify you against third-party claims that a deliverable we created for you, as delivered, infringes a U.S. copyright or trademark, except to the extent the claim arises from Client Materials, third-party components, or changes made by others.

8. Governing Law and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES JURY TRIALS AND CLASS ACTIONS.

8.1 Governing Law

These Terms are governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of Colorado, without regard to conflict-of-laws rules.

8.2 Informal Resolution First

Before starting arbitration, a party must send the other a written notice describing the dispute and the relief sought. The parties will try in good faith to resolve it for at least 30 days.

8.3 Binding Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms, the Site, the Products, or the Services (“Dispute”) will be resolved by final and binding arbitration, not in court.

Administrator and rules. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules. If you are an individual using the Site or a Product for personal purposes, its Consumer Arbitration Rules apply instead.
Arbitrator. A single neutral arbitrator will decide the Dispute and may award any relief a court could award on an individual basis.
Location. The arbitration will be seated in Denver, Colorado. Hearings may be held by video conference or decided on written submissions if the parties agree or the rules allow.
Fees. Filing, administration, and arbitrator fees are paid as the applicable AAA rules provide. For consumer arbitrations, we will pay any fees that exceed what you would pay to file in court.
Award. The arbitrator’s award is final and binding, and judgment on it may be entered in any court with jurisdiction.
Confidentiality. The arbitration and its outcome are confidential, except as needed to enforce the award or as required by law.

8.4 Exceptions

Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek temporary or preliminary injunctive relief in court to protect its intellectual property or confidential information while an arbitration is pending.

8.5 Class Action and Jury Trial Waiver

YOU AND DIGITAL GENERALISTS EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable for a claim, that claim will proceed in court, not in arbitration.

8.6 Your Right to Opt Out

You may opt out of this arbitration agreement by emailing company@digitalgeneralists.com within 30 days after you first accept these Terms. Include your name, address, and a clear statement that you are opting out. Opting out does not affect any other part of these Terms.

8.7 Court Venue When Arbitration Does Not Apply

For claims excepted from arbitration, claims by anyone who opts out, or if this section is found unenforceable, the state and federal courts located in Denver County, Colorado have exclusive jurisdiction, and each party consents to them.

8.8 Engagement Agreements

An Engagement Agreement may set different dispute-resolution terms for that engagement. If it does, those terms control for disputes about that engagement.

9. General Terms

Entire agreement. These Terms, the Privacy Policy, any applicable product license, and any Engagement Agreement are the entire agreement on their subject.
Severability. If any provision is unenforceable, the rest remain in effect.
No waiver. Failing to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms without our written consent. We may assign them in a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
Independent contractors. We perform Services as an independent contractor. Nothing here creates an employment, partnership, or agency relationship.
Notices. Notices to us must be sent to the contact details below. We may send notices to the email address you provided.
Survival. Sections on ownership, confidentiality, disclaimers, liability, indemnification, governing law, and arbitration survive termination.

10. Contact Us

Questions about these Terms can be sent to:

Digital Generalists, LLC. 5967 Chester Way, Denver, Colorado 80238, USA Email: company@digitalgeneralists.com