Terms of Service

Welcome to PositivityTools.com ("Company," "we," "us," or "our"). By accessing or using our website, purchasing any service or digital product, or engaging with us in any way, you agree to be bound by these Terms of Service. If you do not agree, do not use our services.

1. Services Offered

We provide the following services and digital products:

• Custom Web Redesign — A fully custom website redesign delivered within approximately 7 business days.
• Premium Shopify Themes — Digital Shopify OS 2.0 theme files available for immediate download after purchase.
• Growth Membership — An ongoing monthly subscription that includes SEO content, technical support, and AI chatbot integration.

2. No Refund Policy — All Sales Are Final

ALL PURCHASES ARE NON-REFUNDABLE. BY COMPLETING A PURCHASE, YOU ACKNOWLEDGE AND AGREE THAT NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES.

2.1 Custom Web Redesign Services

Our web redesign service is a custom, bespoke service. Work begins immediately upon receipt of payment. Upon purchase, our team immediately begins preparing a strategic plan for your project, including research, competitive analysis, and design preparation — regardless of whether or not you have completed the onboarding questionnaire. Because work commences at the time of payment and resources are allocated immediately, no refunds will be provided for any reason, including but not limited to:

• Change of mind
• Failure to provide onboarding information or project materials
• Dissatisfaction with the final design
• Business closure or change of direction
• Failure to respond to communications

We will work with you to ensure satisfaction through reasonable revisions as outlined in your service agreement, but the purchase itself is non-refundable.

2.2 Shopify Themes (Digital Products)

Shopify themes are digital products that are delivered electronically and immediately upon purchase. Because the complete theme files are transmitted to you at the point of sale, and we have no ability to revoke access to files already in your possession, all theme purchases are final and non-refundable. This applies to single theme purchases, starter packs, and full library bundles.

2.3 Growth Membership

Monthly membership subscriptions may be canceled at any time to prevent future billing. However, no refunds will be issued for the current billing period or any prior billing period. Cancellation takes effect at the end of the current billing cycle.

3. Intellectual Property

3.1 What You Own

Upon full payment and delivery of a custom redesign, you own the final website files delivered to you. You may use them on any domain you control.

3.2 What We Own

We retain ownership of all proprietary tools, frameworks, code libraries, design systems, templates, and methodologies used in the creation of your project. We reserve the right to showcase your project in our portfolio unless you request otherwise in writing.

3.3 Theme License

Shopify themes are licensed for use on unlimited stores owned by the purchaser. You may not resell, redistribute, sublicense, or publicly share theme files. Each purchase grants a single-user license to the purchasing individual or entity.

4. Client Responsibilities

You agree to:

• Provide accurate and timely information requested for your project
• Respond to communications within a reasonable timeframe
• Ensure you have rights to any content, images, or materials you provide to us
• Not use our services for any unlawful, fraudulent, or harmful purpose

Failure to provide requested materials or respond to communications does not entitle you to a refund or delay the project timeline beyond 30 days from purchase.

5. Limitation of Liability

To the maximum extent permitted by law, Positivity Tools shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of our services or products.

Our total liability for any claim arising from our services shall not exceed the amount you paid for the specific service giving rise to the claim.

6. No Guarantees on Results

While we design websites and themes optimized for conversions, we make no guarantees regarding specific business results, revenue increases, traffic improvements, search engine rankings, or any other performance metrics. Results vary based on factors outside our control including your industry, market conditions, content quality, advertising spend, and product-market fit.

7. Dispute Resolution

Any disputes arising from these terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the State of Georgia, United States.

8. Modifications

We reserve the right to modify these terms at any time. Changes become effective upon posting to this page. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

9. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

10. Contact

For questions about these terms, contact us at mark@positivitytools.com.