Terms of Service

Effective Date: July 21, 2026 — Last Updated: July 21, 2026

1. Acceptance of Terms

Welcome to Gourd Vibes. These Terms of Service constitute a legally binding agreement between you and Gourd Vibes Pumpkins LLC, a limited liability company organized under the laws of the State of Utah, with its principal place of business at 680 E 100 S, Kaysville, UT 84037-2121, United States. By accessing or using the website located at www.gourdvibes.buzz or by engaging our computer systems design, integration, and consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms, in which case the terms you and your shall refer to that organization. If you do not agree with any part of these terms, you must not access the website or use our services.

2. Description of Services

Gourd Vibes Pumpkins LLC provides professional services in the following domains:

Specific deliverables, timelines, and pricing for each engagement are defined in a separate Statement of Work (SOW) or Service Agreement executed between you and Gourd Vibes Pumpkins LLC. In the event of any conflict between these Terms of Service and an executed SOW, the SOW shall prevail.

3. Use of the Website

3.1 Permitted Use

You may access and use our website for lawful purposes only. You agree to use the website in compliance with all applicable federal, state, and local laws and regulations. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and view the content on this website for your personal or internal business purposes.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

4. Intellectual Property

4.1 Website Content

All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, is the exclusive property of Gourd Vibes Pumpkins LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The trademarks, service marks, trade names, and logos displayed on the website, including the Gourd Vibes name and associated branding elements, are registered and unregistered trademarks of Gourd Vibes Pumpkins LLC. Nothing on this website should be construed as granting any license or right to use any trademark without our prior written permission.

4.2 Client Deliverables

Unless otherwise specified in a written agreement, upon full payment for services rendered, Gourd Vibes Pumpkins LLC assigns to the client all right, title, and interest in the deliverables created specifically for that client under the applicable SOW. Gourd Vibes retains ownership of all pre-existing materials, tools, methodologies, frameworks, and know-how used in the creation of deliverables, and grants the client a perpetual, royalty-free license to use such pre-existing materials solely in connection with the deliverables.

4.3 User-Submitted Content

By submitting any content, materials, or information through our website or in the course of a service engagement, you represent and warrant that you own or have the necessary rights to such content and that our use of such content as contemplated by these terms will not infringe or violate the rights of any third party.

5. Confidentiality

During the course of our engagement, each party may disclose to the other certain confidential and proprietary information. Confidential Information includes all information designated in writing as confidential, or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. This includes, without limitation, trade secrets, technical specifications, business plans, financial data, customer lists, source code, system architectures, and security configurations.

Each party agrees to hold the other party Confidential Information in strict confidence, using at least the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care. Neither party shall disclose Confidential Information to any third party without the disclosing party prior written consent, except to employees, contractors, and agents who need to know such information and who are bound by confidentiality obligations at least as protective as these terms.

The confidentiality obligations shall survive termination of these Terms of Service and any service engagement for a period of five years, or indefinitely for trade secrets.

6. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Gourd Vibes Pumpkins LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Gourd Vibes Pumpkins LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

We strongly recommend that you review the terms and conditions and privacy policies of any third-party website or service that you visit.

7. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOURD VIBES PUMPKINS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, GOURD VIBES PUMPKINS LLC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PROFESSIONAL SERVICES ARE WARRANTED SOLELY AS SET FORTH IN THE APPLICABLE STATEMENT OF WORK OR SERVICE AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GOURD VIBES OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR AN APPLICABLE SOW.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOURD VIBES PUMPKINS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF GOURD VIBES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GOURD VIBES PUMPKINS LLC FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO GOURD VIBES PUMPKINS LLC DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND UNITED STATES DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Gourd Vibes Pumpkins LLC, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees and court costs) arising out of or related to:

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You shall not settle any claim that requires any admission of fault or liability on our part without our prior written consent.

10. Termination

We reserve the right to terminate or suspend your access to the website and our services, in whole or in part, at any time and for any reason, including but not limited to your violation of these Terms of Service, without prior notice or liability. Upon termination, your right to use the website and services shall immediately cease.

All provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to provisions concerning intellectual property, confidentiality, disclaimers of warranty, limitations of liability, indemnification, and governing law.

11. Governing Law and Dispute Resolution

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any conflict of law principles that would result in the application of the laws of a different jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at care@gourdvibes.buzz and attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for a period of at least thirty days before resorting to any other dispute resolution mechanism.

11.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or validity thereof, that cannot be resolved through informal negotiation shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Davis County, Utah, by a single arbitrator mutually agreed upon by the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information, without the requirement to engage in informal resolution or arbitration first.

12. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms of Service (excluding payment obligations) if such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, labor disputes, internet or telecommunications outages, government actions, embargoes, or supply chain disruptions. The affected party shall notify the other party promptly of the force majeure event and use commercially reasonable efforts to resume performance as soon as practicable.

13. Modification of Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will post the revised terms on this page and update the effective date at the top of the document. We may also provide notification through the website or via email for significant changes.

Your continued use of the website or our services after the effective date of any modified terms constitutes your acceptance of the new terms. If you do not agree to the modified terms, you must discontinue your use of the website and services. We recommend that you review these Terms of Service periodically to stay informed.

14. General Provisions

14.1 Entire Agreement

These Terms of Service, together with any applicable SOW, Service Agreement, Privacy Policy, and any other policies or agreements referenced herein, constitute the entire agreement between you and Gourd Vibes Pumpkins LLC concerning your use of the website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

14.2 Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

No waiver of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Gourd Vibes Pumpkins LLC to assert a right or enforce a provision under these Terms of Service shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. Gourd Vibes Pumpkins LLC may assign or transfer its rights and obligations under these terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

14.5 Relationship of the Parties

Nothing in these Terms of Service shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Gourd Vibes Pumpkins LLC. Each party is an independent contractor.

14.6 Notices

All notices, requests, and other communications required or permitted under these Terms of Service shall be in writing. Notices to Gourd Vibes Pumpkins LLC shall be sent to the mailing address or email address listed below. Notices to you may be sent to the email address or mailing address you provide to us. Notices shall be deemed given upon receipt if delivered personally, three business days after mailing if sent by certified or registered mail, or upon confirmation of delivery if sent by email.

15. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact: