Effective Date: December 1, 2024
Company: 96 Monkeys, a product of Percycom LLC
These Terms of Service (“Terms”) govern your use of the websites, digital products, software, consulting services, and all other offerings made available by 96 Monkeys, a product of Percycom LLC (“we,” “us,” or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree, you must stop using the Services.
1. Overview of Services
96 Monkeys provides digital products and professional services, including:
- Website development, maintenance, and support
- WordPress plugins and digital tools
- SEO, strategy, and consulting services
- Subscription-based dashboards and digital products
- One-time “Quick Fix” solutions
- Licensed software and managed services
Our offerings may evolve over time.
2. Eligibility
You must be at least 18 years old and legally able to enter into binding contracts to use our Services.
3. Accounts
Some Services require creating an account. You are responsible for:
- Keeping your login credentials secure
- Maintaining accurate, up-to-date account information
- All activity conducted under your account
We may suspend or terminate accounts that violate these Terms or create risk to us, our systems, or other users.
4. Fees and Payments
Fees
Fees for our Services are listed at checkout, in proposals, or in product-specific materials. Fees may change at any time without notice, unless otherwise stated in a separate written agreement with you.
Subscriptions
If you subscribe to a recurring service, you authorize us (and our payment processors) to automatically charge your selected payment method at each renewal period until you cancel.
Cancellations
You may cancel a subscription at any time through your account or by contacting us. Cancellation stops future billing but does not automatically trigger a refund.
Refunds
Refunds for digital products or professional services are evaluated on a case-by-case basis unless a specific product or service clearly states a different refund policy.
5. Payment Processing & Credit Card Data
We do not store or directly process credit card information on our servers. All payments are handled by trusted third-party payment processors such as Stripe, PayPal, or other providers we may use in the future.
These third-party processors securely handle, encrypt, and process your payment information. Their terms and privacy policies govern their handling of your data. By making a purchase, you agree to comply with the terms and policies of the relevant payment processor.
6. Software Licenses
Our digital products—including WordPress plugins, dashboards, tools, and other proprietary software—are provided under a limited, non-exclusive, non-transferable license. Unless explicitly stated otherwise:
- You may not reverse engineer, decompile, or attempt to derive source code
- You may not resell, sublicense, or redistribute our software, except as allowed by a specific license
- You may not bypass or interfere with license validation or activation systems
- You may not claim our code, designs, or documentation as your own
Licenses may be restricted by domain, number of users, features, or time period. If a license expires or becomes inactive, some or all features may cease to function.
7. Professional Services
For consulting, development, implementation, or related professional services:
- Deliverables are based on a mutually agreed scope of work (proposal, SOW, or similar)
- Timelines may shift based on client responsiveness, approvals, technical dependencies, and third-party factors
- Work outside the original scope requires additional fees and explicit agreement before proceeding
8. Client Responsibilities
To enable us to deliver Services effectively, you agree to:
- Provide accurate and complete information
- Supply necessary access to hosting, platforms, or tools in a timely manner
- Review and respond to questions and deliverables promptly
- Maintain your own backups and disaster recovery strategy unless you have a separate agreement with us for that
9. Intellectual Property
Unless explicitly agreed otherwise in writing:
- All code, designs, workflows, documentation, and processes created by 96 Monkeys remain the intellectual property of Percycom LLC
- You receive a license to use final deliverables for your internal business purposes or as otherwise specified in your agreement with us
- Your own content—including logos, brand assets, and proprietary materials—remains your property
Where open-source components (such as GPL-licensed WordPress plugins) are used, their respective licenses apply in addition to these Terms.
10. Acceptable Use
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe on the rights (including intellectual property and privacy rights) of others
- Attempt to disrupt, overload, or compromise our systems or infrastructure
- Gain unauthorized access to any systems, data, or accounts
- Misrepresent your identity, affiliation, or the purpose of your use
We may suspend or terminate your access if we reasonably believe you are violating these requirements.
11. Communications & Email
By creating an account, purchasing a product, downloading a digital item, or otherwise engaging with our Services, you consent to receive communications from us, including:
- Transactional and service-related emails, such as receipts, license keys, account notices, renewal reminders, security or policy updates, and critical product information
- Product-related emails, such as feature announcements, important changes, and guidance on using products you’ve purchased or installed
- Occasional educational or best-practice content that is reasonably related to the products or services you use
You may unsubscribe from non-essential promotional or educational emails at any time using the unsubscribe link provided in those messages or by contacting us directly.
You cannot opt out of essential transactional or account-related communications (such as receipts, security notices, or critical service updates) while you maintain an active account or ongoing license, as these are necessary for providing the Services.
We do not sell or rent your email address to third parties. Limited sharing with third-party providers (such as email delivery services or CRMs) may occur as described in our Privacy Policy, strictly for the purpose of operating and improving our Services.
12. Data, Privacy, and Security
We handle personal data according to our Privacy Policy, which explains what information we collect, how we use it, and your choices.
While we take commercially reasonable steps to protect our systems and your information, no online service is 100% secure. You understand and agree that you use our Services at your own risk.
13. Third-Party Services
Our Services may depend on or integrate with third-party platforms—for example:
- Payment processors (e.g., Stripe, PayPal)
- Hosting providers and CDNs
- Analytics and monitoring tools
- Email delivery and CRM systems
- WordPress plugins or themes from other vendors
We are not responsible for the availability, performance, functionality, or policies of third-party services.
Each third-party service is governed by its own terms and conditions and privacy policies. Your use of those services, whether accessed through or used alongside our Services, constitutes your agreement to their terms.
If a third-party service changes, degrades, or becomes unavailable, we are not liable for any resulting impact on our Services.
14. Disclaimers
Our Services are provided “as is” and “as available” without warranties of any kind, to the fullest extent permitted by law.
We do not guarantee:
- Specific SEO, ranking, or traffic outcomes
- Uninterrupted or error-free operation of software, websites, or dashboards
- Compatibility with every hosting environment, theme, or third-party plugin
- That our Services will meet every particular requirement or use case
We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
15. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption, arising out of or relating to your use of the Services.
- Our total aggregate liability for any claim arising out of or relating to the Services will not exceed the amount you paid to us for the Services in the twelve (12) months prior to the event giving rise to the claim.
If your jurisdiction does not permit certain limitations or exclusions of liability, those limitations apply only to the maximum extent permitted by law.
16. Indemnification
You agree to indemnify, defend, and hold harmless Percycom LLC (doing business as 96 Monkeys) and its officers, employees, contractors, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Services
- Your content, data, or systems integrated with our Services
- Your breach of these Terms
- Your violation of any third-party rights
17. Termination
We may, at our discretion and without prior notice, suspend or terminate your access to some or all of the Services if:
- You violate these Terms
- We are required to do so by law or court order
- Your subscription expires or payment cannot be processed
- Continued service is no longer commercially reasonable or viable
Upon termination, all rights granted to you under these Terms immediately cease, and you must stop using the Services and any associated licensed software, except as otherwise allowed under an open-source license.
18. Modifications to the Services and Terms
We may modify or discontinue portions of the Services from time to time.
We may also update these Terms periodically. When we do, we will update the “Effective Date” at the top. Your continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.
If you do not agree with changes, you must stop using the Services.
19. Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-law rules.
Any disputes arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to the personal jurisdiction of those courts.
20. Contact
For questions or concerns about these Terms or our Services, contact:
96 Monkeys (Percycom LLC)
30 N Gould St Ste R Sheridan, Wy 82801
info@percycom.com
https://www.96monkeys.com/