1. Who we are and how these Terms apply
These Terms of Service ("Terms") govern your use of the website at lionsmont.com (the "Site") and describe the standard terms on which Lionsmont ("Lionsmont", "we", "us", or "our"), an independent e-commerce agency based in Seattle, Washington, provides its services. By using the Site, requesting an appointment, or engaging us for services, you agree to these Terms.
Paid engagements are governed by a written proposal or statement of work ("SOW") and our Master Services Agreement ("MSA"). If these Terms conflict with a signed MSA or SOW, the MSA or SOW controls for that engagement. Descriptions of services and tiers on the Site are summaries only; the specific scope, deliverables, and price of any engagement are those set out in your SOW.
2. Our services
We offer two separate services:
- Shopify Website Build & Launch — design, technical infrastructure, and retention setup for a new Shopify store, delivered in five tiers (Starter Build, Growth Build, Pro Build, Premier Build, Enterprise Build). This service does not include advertising, media buying, or ad management.
- Growth Marketing Services — ongoing paid-media management, creative production, and performance reporting, delivered in five tiers (Starter Growth, Scale Growth, Performance Growth, Premier Enterprise, Elite Enterprise). Growth Marketing is offered only for stores that Lionsmont has built. We do not manage advertising for stores we did not build.
We may update, add, or discontinue tiers or features at any time. Changes do not affect engagements already agreed in a signed SOW.
3. What we don't build, and what you promise about your products
We are selective about the products we build stores for. We will not build, launch, or market a store that sells:
- food, beverages, dietary supplements, or anything intended to be ingested, applied to the body as a consumable, or otherwise regulated as a food, drug, or cosmetic;
- weapons of any kind, including knives, firearms, ammunition, and accessories, or other safety-critical goods;
- subscription or recurring-billing products;
- digital products or downloads;
- counterfeit, replica, "lookalike," or unlicensed branded or licensed merchandise, or any product that infringes a third party's intellectual property.
We may decline, pause, or terminate any engagement, at any stage, if we determine in our reasonable judgment that the products, business model, or marketing practices involved fall into a restricted category, are unlawful, are prohibited by Shopify, Meta, TikTok, Google, Klaviyo, or a payment processor, or create unacceptable legal or reputational risk. We may also advise against, and are not obliged to build for, products that are fragile, oversized, sizing-dependent, or otherwise likely to produce high breakage, shipping cost, or return rates.
By engaging us you represent and warrant that: (a) you have the legal right to sell every product on your store; (b) your products, claims, labels, and marketing comply with all applicable laws, including consumer-protection, advertising, product-safety, customs, and tax laws; (c) you hold or have licensed all trademarks, images, and content you provide to us; and (d) you will keep those representations true for as long as the store operates.
4. Your responsibilities
You are responsible for:
- providing product information, imagery, brand assets, copy, and feedback in a timely manner; delays in your input extend our timelines;
- opening and holding all platform accounts — including Shopify, Klaviyo, domain registration, payment processing, and advertising accounts — in your own name, and paying all platform fees, app subscriptions, transaction fees, and advertising spend directly to those providers;
- the accuracy and legality of all claims made on your store and in your advertising, including pricing, shipping times, product descriptions, and any health, safety, or performance claims;
- your supplier and fulfillment relationships, product quality, shipping, returns, refunds, and customer service to your customers;
- collecting and remitting sales tax, complying with privacy laws applicable to your customers, and publishing your own store policies;
- maintaining the security of your accounts and passwords after handover.
5. Appointments, onboarding, and account management
Submitting the appointment form on the Site is a request only; it does not create a contract or reserve services. We aim to respond within two business days but do not guarantee a response time. Engagements begin with an onboarding appointment, after which we issue a written proposal or SOW. Ongoing engagements include account-management check-ins at the cadence stated in your SOW. If you miss a scheduled appointment without notice, we may require rescheduling before work continues.
6. Fees, payment, and refunds
Fees are stated in your SOW. Unless the SOW says otherwise: Website Build engagements require a deposit before work begins, with the balance due before final handover; Growth Marketing tiers are billed monthly in advance. Invoices are due on receipt. We may pause work on overdue accounts and charge interest on late amounts at 1% per month (or the maximum permitted by law, if lower) plus reasonable collection costs.
Fees do not include third-party costs such as Shopify plans, apps, themes, domains, Klaviyo or other software subscriptions, stock media, or advertising spend, all of which you pay directly. Because our work is custom and begins promptly, deposits and fees for phases already started are non-refundable except as required by law or expressly stated in your SOW. Prepaid Growth Marketing fees for months not yet started are refundable on termination in accordance with Section 17.
7. Timelines
Timelines we provide are good-faith estimates. They depend on your timely delivery of content, feedback, and account access, and on third-party platforms. We are not liable for delays caused by you, by third parties, or by events beyond our reasonable control.
8. Deliverables, revisions, and acceptance
Each tier includes the number of design revision rounds stated in your SOW. Requests outside the agreed scope are handled as change orders at our then-current rates. Deliverables are deemed accepted when you approve them in writing or when you use them in production, or seven (7) days after we present them for review if you have not provided specific written objections, whichever comes first.
9. Ownership and handover
On completion of the engagement and receipt of all amounts due, we transfer full administrative access to and ownership of the store, theme, and configured accounts to you, to the extent those accounts are not already in your name. Until then we may retain access necessary to perform the work. We retain ownership of our pre-existing tools, code libraries, templates, processes, and know-how, and grant you a perpetual, non-exclusive license to use any of them incorporated into your deliverables as part of your store. We may reference your store and non-confidential results in our portfolio unless you opt out in writing.
10. Post-launch support
Post-launch technical support is included as stated for your tier — fourteen (14) days for Pro Build, thirty (30) days for Premier Build, and ninety (90) days for Enterprise Build — beginning on the launch date and covering defects in work we delivered. Other tiers include only the support stated in the SOW. Support does not cover new features, changes to third-party platforms, apps, or APIs, issues caused by changes you or third parties make, or ongoing maintenance. Additional support is available under a separate agreement.
11. Growth Marketing services
Growth Marketing tiers cover management, creative production, and reporting only. You own your advertising accounts and pay all advertising spend directly to Meta, TikTok, Google, or other platforms; we never hold or advance ad budget. Creative assets are produced from footage, images, and brand assets you provide, and you are responsible for having the rights to them and for the truthfulness of any claims in them. Advertising platforms may reject, pause, restrict, or ban accounts or ads at their discretion; we will work in good faith to address platform issues but do not guarantee approvals, account standing, delivery, reach, cost, ROAS, CPA, or any other metric. Reporting and testing follow the cadence stated for your tier. Either party may end an ongoing Growth Marketing engagement on thirty (30) days' written notice.
12. No guarantees
Building a store and running advertising involve business risk. We do not guarantee, and nothing on the Site or in our communications should be read as a guarantee of, sales, revenue, profit, return on ad spend, conversion rate, traffic, search rankings, platform approvals, or any other business outcome. Results depend on factors we do not control, including your products, pricing, margins, suppliers, market conditions, competition, advertising budget, and the policies of third-party platforms. Any examples, projections, or benchmarks we discuss are illustrative only. Please also read our Earnings Disclaimer.
Except as expressly stated in a signed SOW, our services and deliverables are provided "as is," and we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
13. Limitation of liability
To the fullest extent permitted by applicable law: (a) Lionsmont will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost sales, lost data, business interruption, loss of goodwill, or the cost of substitute services, arising out of or relating to the Site, our services, or these Terms, however caused and under any theory of liability, even if we were advised of the possibility of such damages; and (b) our total cumulative liability for all claims arising out of or relating to the Site, our services, or these Terms will not exceed the fees you actually paid to us for the specific engagement giving rise to the claim during the three (3) months before the event giving rise to the claim, or one hundred U.S. dollars ($100) if you have paid no fees.
Without limiting the above, we are not liable for: the acts or omissions of Shopify, Klaviyo, Meta, TikTok, Google, payment processors, suppliers, or any other third party; payment holds, chargebacks, account restrictions, or bans imposed by third parties; your products, claims, or business decisions; or any loss resulting from information or access you provide to us being inaccurate or unauthorized.
Some laws do not allow certain limitations of liability. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for our gross negligence, willful misconduct, or fraud. In those cases our liability is limited to the greatest extent the law allows.
14. Indemnification
You will defend, indemnify, and hold harmless Lionsmont and its owners, employees, and contractors from and against any claims, losses, damages, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your products and their sale, safety, labeling, or marketing; content, assets, or instructions you provide; your breach of these Terms, your SOW, or applicable law; your violation of any third-party right, including intellectual property; your advertising claims; or any dispute between you and your customers, suppliers, or platforms.
15. Third-party platforms and trademarks
Our services depend on third-party platforms whose terms, pricing, features, and policies change without notice and are outside our control. You agree to comply with the terms of each platform you use. Shopify, Klaviyo, Meta, TikTok, Google, and other names are trademarks of their respective owners; we are an independent company and our use of those names describes compatibility only and does not imply endorsement, certification, or partnership.
16. Confidentiality
Each party will keep the other's non-public business information confidential and use it only for the engagement, except as required by law. This obligation survives for two (2) years after the engagement ends, or indefinitely for trade secrets.
17. Termination
Either party may terminate an engagement for material breach if the breach is not cured within fifteen (15) days of written notice. We may terminate immediately under Section 3. Ongoing Growth Marketing engagements may be ended by either party on thirty (30) days' written notice. On termination you will pay for all work performed and expenses incurred through the termination date; deliverables paid for in full will be handed over under Section 9. Sections 3, 6, 9, 12, 13, 14, 15, 18, and 19 survive termination.
18. Governing law and disputes
These Terms and any dispute arising out of or relating to them, the Site, or our services are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Before filing any claim, the parties will attempt in good faith to resolve the dispute through direct negotiation for at least thirty (30) days after written notice. Any claim not resolved will be brought exclusively in the state or federal courts located in King County, Washington, and each party consents to the personal jurisdiction of those courts. Each party waives any right to a jury trial to the extent permitted by law. Any claim must be brought within one (1) year after it arises, or it is permanently barred, except where the law does not permit that limitation. The prevailing party in any action to enforce these Terms may recover its reasonable attorneys' fees and costs.
19. General
These Terms, together with any MSA and SOW, are the entire agreement between you and us about their subject matter. If any provision is unenforceable, the rest remain in effect and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to a successor. We are an independent contractor, not your employee, partner, or agent. We may update these Terms by posting a revised version with a new "Last updated" date; changes apply to use of the Site after posting and to new engagements.
20. Contact
Questions about these Terms: hello@sitehelpgroup.com · (503) 468-6938 · Lionsmont, Seattle, Washington.