Embedded Files
Effective Date: September 22, 2026
Last Updated: September 22, 2026
These Terms of Service ("Terms") govern your access to and use of ByMarkAllan.com, related webpages, forms, digital materials, professional services, consultations, workshops, proposals, project deliverables, and other services offered by or through ByMarkAllan.com and its operator ("Mark Allan," "ByMarkAllan," "we," "us," or "our") (collectively, the "Services").
By accessing the website, submitting an inquiry, purchasing or booking a service, accepting a proposal, participating in an engagement, or otherwise using the Services, you agree to these Terms.
If you do not agree to these Terms, do not use the Services.
1. SERVICES
ByMarkAllan may provide professional services including, as applicable:
- Product strategy.
- Product management advisory.
- Product design.
- UX and UI design.
- User research.
- Information architecture.
- Workflow design.
- Product discovery.
- Product clarity sessions.
- Workshops.
- Prototyping.
- Website or interface strategy.
- Case-study development.
- Design systems.
- Advisory or consulting services.
- Related digital deliverables.
The availability, scope, price, timing, and format of any service may change.
Specific project terms may also be stated in a proposal, estimate, statement of work, order form, booking page, invoice, project brief, or separate agreement.
If a signed or accepted project-specific agreement conflicts with these Terms, the project-specific agreement controls for that engagement.
2. WEBSITE INFORMATION
Content on ByMarkAllan.com is provided for general informational, educational, portfolio, marketing, and professional purposes.
Website content is not a substitute for legal, accounting, tax, investment, medical, engineering, cybersecurity, or other regulated professional advice unless expressly stated in a separate written engagement.
Examples, frameworks, case studies, templates, diagrams, or recommendations are provided in context and may not apply to every business, product, or situation.
3. ELIGIBILITY AND AUTHORITY
You may browse the public website subject to these Terms.
To purchase Services, accept a proposal, or enter into a professional engagement, you must be at least 18 years old and legally able to enter into a binding agreement.
If you act on behalf of a company or organization, you represent that you have authority to bind that entity to the applicable agreement.
4. INQUIRIES, BOOKINGS, AND ACCEPTANCE
Submitting a contact form, intake form, request for proposal, or scheduling request does not by itself create a client relationship or require us to accept an engagement.
A professional engagement begins only when the applicable requirements are satisfied, which may include:
- Written acceptance.
- Signed agreement.
- Accepted proposal.
- Confirmed booking.
- Required deposit or payment.
- Other stated onboarding requirements.
We may decline an inquiry or engagement when permitted by law.
5. PROJECT SCOPE
The scope of professional Services will be based on the applicable proposal, statement of work, booking description, project brief, or other written agreement.
Scope may include:
- Objectives.
- Deliverables.
- Number of concepts or revisions.
- Research activities.
- Meetings.
- Workshop sessions.
- File formats.
- Timeline.
- Responsibilities.
- Exclusions.
- Payment schedule.
Work outside the agreed scope may require a revised estimate, additional fee, schedule adjustment, or written change request.
6. CHANGE REQUESTS
A "change request" includes a request that materially changes an agreed deliverable, workflow, feature set, audience, technical requirement, direction, number of revisions, project phase, or schedule.
If a change affects effort, timing, or cost, we may provide a revised scope or fee before completing the additional work.
We are not required to begin out-of-scope work until both parties agree to the change.
7. CLIENT RESPONSIBILITIES
For professional engagements, you agree to provide reasonably timely and accurate:
- Project information.
- Access credentials where necessary.
- Content.
- brand assets.
- requirements.
- feedback.
- approvals.
- stakeholder access.
- technical constraints.
- existing research.
- legal or compliance requirements known to you.
You are responsible for verifying information you provide.
You are also responsible for obtaining any permissions necessary for materials you provide to us.
Delays in feedback, access, content, approvals, or dependencies may affect the project schedule.
8. CLIENT MATERIALS
You retain ownership of materials you provide, subject to any rights necessary for us to perform the Services.
You grant us a limited, non-exclusive license to use, copy, modify, process, display internally, transmit, and otherwise handle client materials as reasonably necessary to:
- Perform the engagement.
- Create deliverables.
- Collaborate with approved service providers.
- Maintain project records.
- Comply with law.
- Protect legal rights.
You represent that you have sufficient rights to provide the materials and authorize their use for the engagement.
9. THIRD-PARTY AND OPEN-SOURCE MATERIALS
Deliverables may incorporate or rely on third-party materials, software, fonts, libraries, APIs, templates, stock assets, open-source components, or platform services.
Such materials remain subject to their respective licenses and terms.
We do not transfer ownership of third-party intellectual property that we do not own.
You are responsible for maintaining any third-party accounts, licenses, subscriptions, API keys, hosting, domains, platform access, or other third-party services required after handoff unless otherwise agreed.
10. FEES AND PAYMENT
Fees for professional Services are stated in the applicable booking page, proposal, statement of work, invoice, or agreement.
Unless otherwise stated:
- Fees are quoted in U.S. dollars.
- You are responsible for applicable taxes, duties, or similar charges, excluding taxes based on our net income.
- Work may be conditioned on receipt of a deposit, full payment, or milestone payment.
- Late payment may delay work or delivery.
- We may suspend Services for overdue undisputed amounts after reasonable notice.
Payment-provider terms may also apply when you pay through a third-party platform.
11. CANCELLATIONS, RESCHEDULING, AND REFUNDS
Cancellation, rescheduling, refund, and no-show rules may vary by service and will be governed first by the terms shown at booking, in the proposal, or in the applicable agreement.
If no specific rule is provided:
- Please provide reasonable notice when rescheduling a consultation or meeting.
- We may reschedule due to illness, emergency, technical failure, or circumstances outside reasonable control.
- Fees already earned for completed work are non-refundable.
- Deposits may be applied to work already completed, reserved capacity, or non-cancellable costs.
- Any refund for unperformed Services will be determined based on the applicable scope, work completed, expenses incurred, and written agreement.
Nothing in this section limits rights that cannot lawfully be waived.
12. SCHEDULING AND CLIENT DELAYS
Project timelines are estimates unless explicitly identified as guaranteed deadlines in writing.
A timeline may change due to:
- Client delays.
- Scope changes.
- Missing information.
- Approval delays.
- Third-party dependencies.
- Platform outages.
- Technical constraints.
- Force majeure events.
- Other factors outside reasonable control.
If a project becomes inactive because required client input is not provided for an extended period, we may pause or close the engagement after reasonable notice.
Restarting an inactive project may require a revised schedule or fee.
13. REVISIONS AND APPROVALS
The number and type of revisions included in an engagement are defined in the applicable scope.
A revision means a reasonable modification to work already produced within the agreed direction and scope.
A request for a new concept, major change in direction, new functionality, new audience, new workflow, or expanded deliverable may be treated as additional scope.
Client approval may be treated as authorization to proceed to the next stage.
Changes requested after approval may affect cost and timing.
14. DELIVERABLES
Deliverables may include:
- Strategy documents.
- Recommendations.
- research summaries.
- wireframes.
- information architecture.
- prototypes.
- interface designs.
- visual systems.
- source files.
- HTML.
- code.
- written content.
- workshop outputs.
- presentations.
- reports.
The exact deliverables and file formats are defined in the applicable scope.
We are not required to provide working files, source files, design-system internals, raw notes, preliminary concepts, or production files unless included in the scope.
15. INTELLECTUAL PROPERTY
15.1 Pre-Existing Materials
Each party retains ownership of intellectual property it owned or developed independently before the engagement.
Our pre-existing materials may include:
- Frameworks.
- methods.
- processes.
- templates.
- reusable components.
- design systems.
- prompts.
- utilities.
- code snippets.
- research methods.
- workshop formats.
- know-how.
- general skills.
- documentation structures.
Unless expressly assigned in writing, ownership of our pre-existing materials remains with us.
15.2 Final Client Deliverables
Ownership or license rights in final deliverables are governed by the applicable proposal, statement of work, invoice, or agreement.
Unless that agreement states otherwise, and subject to full payment of all amounts due, the client receives a non-exclusive, perpetual license to use the final client-specific deliverables for the client's internal and external business purposes.
Any broader transfer of copyright or assignment of ownership must be stated expressly in writing.
15.3 Preliminary Work
Unless otherwise agreed, rejected concepts, exploratory work, unused directions, drafts, internal tools, methods, and preliminary materials remain our property.
15.4 Third-Party Materials
Third-party materials remain subject to their own licenses and ownership terms.
16. PORTFOLIO AND PUBLICITY
Unless restricted by a written confidentiality agreement or project-specific term, we may identify a client or project and display non-confidential portions of completed work in:
- Our portfolio.
- Case studies.
- Proposals.
- Presentations.
- Social profiles.
- Professional profiles.
- Award submissions.
- Marketing materials.
We will not knowingly disclose confidential information in violation of a written confidentiality obligation.
If a project is confidential, embargoed, or requires approval before publication, that requirement should be stated in writing before the relevant material is published.
17. CONFIDENTIALITY
If we receive non-public information that is clearly confidential or reasonably understood to be confidential, we will use reasonable care to protect it and use it for purposes related to the engagement.
Confidential information does not include information that:
- Is or becomes public through no breach by the receiving party.
- Was lawfully known without confidentiality restriction.
- Is lawfully received from another source without a duty of confidentiality.
- Is independently developed without use of confidential information.
- Must be disclosed by law, court order, or lawful governmental request.
A separate nondisclosure agreement may impose additional or different obligations.
18. FEEDBACK
If you provide suggestions, comments, or feedback about our Services, methods, website, or offerings, you grant us the right to use that feedback without restriction or compensation, provided we do not disclose your confidential information in doing so.
19. ACCEPTABLE USE
You may not use the website or Services to:
- Violate applicable law.
- Infringe intellectual-property rights.
- Submit content you do not have the right to use.
- Attempt unauthorized access to systems or accounts.
- Introduce malware, malicious code, or destructive content.
- Interfere with website operation.
- Scrape or harvest personal information unlawfully.
- Impersonate another person or organization.
- Commit fraud.
- Abuse forms, scheduling tools, or communication channels.
- Use automated means to overload or disrupt the Services.
- Circumvent security controls.
- Misrepresent our work as yours in a manner that infringes our rights or violates an agreement.
We may restrict or terminate access for misuse.
20. WEBSITE INTELLECTUAL PROPERTY
Unless otherwise indicated, the website and its original content, including text, visual systems, diagrams, layouts, branding, templates, graphics, and other materials, are owned by or licensed to ByMarkAllan and are protected by applicable intellectual-property laws.
You may view and use the website for legitimate personal or business evaluation purposes.
You may not reproduce, distribute, sell, publish, create derivative commercial products from, or systematically copy substantial portions of the website without permission, except as allowed by law.
21. NO GUARANTEE OF BUSINESS RESULTS
Professional Services may include strategy, design, research, recommendations, or implementation guidance.
Business outcomes depend on many factors outside our control, including:
- Execution.
- market conditions.
- product quality.
- engineering.
- sales.
- marketing.
- pricing.
- user adoption.
- staffing.
- regulation.
- competition.
- third-party platforms.
Unless expressly guaranteed in a signed agreement, we do not guarantee revenue, funding, conversion rates, rankings, growth, customer acquisition, product-market fit, adoption, launch success, or other business outcomes.
22. RESEARCH, STRATEGY, AND DESIGN JUDGMENT
Product, UX, research, strategy, and design work necessarily involves professional judgment.
Recommendations are based on the information, evidence, constraints, assumptions, and access available during the engagement.
You remain responsible for final business, product, legal, compliance, operational, and implementation decisions.
23. ARTIFICIAL INTELLIGENCE AND AUTOMATION TOOLS
Where appropriate, we may use software, automation, or artificial-intelligence-assisted tools to support research organization, drafting, ideation, analysis, prototyping, coding, documentation, or administrative work.
We remain responsible for the professional work we deliver under the applicable engagement.
We do not intentionally submit client confidential information to third-party AI systems in a manner inconsistent with an applicable written confidentiality commitment.
If an engagement requires specific restrictions on AI or automation tools, those restrictions should be stated in writing.
24. THIRD-PARTY SERVICES AND LINKS
The Services may integrate with or link to third-party platforms.
We do not control and are not responsible for third-party:
- Availability.
- security.
- privacy practices.
- pricing.
- features.
- policies.
- content.
- outages.
- changes.
Your use of third-party services is governed by their own terms.
25. ACCESS CREDENTIALS
If you provide account access for a project, you should:
- Use role-based or temporary access when practical.
- Avoid sharing personal passwords where platform permissions are available.
- Revoke access when no longer needed.
- Notify us of special security requirements.
We will use provided credentials only as reasonably necessary for the engagement.
26. WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ANY FREE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE."
WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW.
For paid professional Services, any express warranties are limited to those stated in the applicable written agreement.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
27. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BYMARKALLAN AND ITS OPERATOR, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF A PAID ENGAGEMENT WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
FOR FREE WEBSITE USE OR FREE CONTENT, OUR TOTAL LIABILITY WILL NOT EXCEED USD $100 TO THE MAXIMUM EXTENT PERMITTED BY LAW.
These limitations do not apply where prohibited by law or to liability that cannot legally be limited.
28. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless ByMarkAllan and its operator from third-party claims, damages, liabilities, and reasonable costs arising from:
- Materials you provide that infringe another party's rights.
- Your unlawful use of the Services.
- Your material breach of these Terms.
- Your violation of applicable law.
This section does not require you to indemnify us for our own fraud, willful misconduct, or liability that cannot legally be shifted.
29. TERMINATION
You may stop using the public website at any time.
Either party may terminate a professional engagement as permitted by the applicable agreement.
We may suspend or terminate access to Services when reasonably necessary for:
- Nonpayment.
- Abuse.
- Security concerns.
- Illegal activity.
- Material breach.
- Persistent project inactivity.
- Conduct that creates unreasonable risk.
Termination does not eliminate obligations that accrued before termination, including payment obligations and provisions that by their nature should survive.
30. EFFECT OF TERMINATION
Upon termination:
- Client access may end.
- Outstanding invoices remain due.
- Work may stop.
- Deliverables may be withheld until required payments are made, where permitted by law and agreement.
- Confidentiality obligations continue as applicable.
- Intellectual-property provisions continue according to their terms.
- Sections concerning liability, dispute resolution, payment, confidentiality, and intellectual property survive where appropriate.
31. PRIVACY
Our Privacy Policy explains how we collect and process personal information.
By using the Services, you acknowledge that personal information may be processed as described in the Privacy Policy.
32. ELECTRONIC COMMUNICATIONS AND SIGNATURES
You agree that electronic communications may satisfy legal requirements that communications be in writing to the extent permitted by law.
Where legally valid, electronic acceptance, typed names, checkbox acceptance, e-signatures, or similar electronic actions may be used to form agreements.
33. NOTICES
We may provide notices through:
- Email.
- Website posting.
- A project-management system.
- An invoice or proposal.
- Another contact method you provided.
You are responsible for keeping your contact information current during an active engagement.
34. FORCE MAJEURE
Neither party will be responsible for delay or failure caused by events beyond reasonable control, such as:
- Natural disasters.
- severe weather.
- widespread utility failures.
- internet or hosting outages.
- labor disruptions.
- governmental actions.
- war or civil unrest.
- epidemics or public-health emergencies.
- third-party platform failures.
- other comparable events.
This does not excuse payment for Services already performed.
35. INDEPENDENT CONTRACTOR
Unless a written agreement expressly states otherwise, ByMarkAllan acts as an independent contractor.
Nothing in these Terms creates an employment relationship, partnership, franchise, fiduciary relationship, joint venture, or agency relationship between the parties.
36. GOVERNING LAW
These Terms and disputes arising from them are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where another law must apply.
37. INFORMAL DISPUTE RESOLUTION
Before filing a lawsuit concerning a professional engagement, the parties agree to make a good-faith effort to resolve the dispute informally.
A party raising a dispute should provide written notice describing:
- The issue.
- Relevant facts.
- Requested resolution.
The parties should allow a reasonable period to discuss resolution.
This requirement does not prevent either party from seeking emergency injunctive relief or pursuing a claim that would otherwise become time-barred.
38. VENUE
Unless a project-specific agreement states otherwise and subject to applicable law, any court proceeding arising from these Terms will be brought in a court of competent jurisdiction in Texas associated with our principal place of business at the time the claim is filed.
Each party consents to personal jurisdiction and venue in such courts where legally permitted.
39. NO WAIVER
Failure to enforce a provision of these Terms is not a waiver of the right to enforce it later.
40. SEVERABILITY
If a provision is found unenforceable, the remaining provisions remain in effect.
The unenforceable provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted by law.
41. ASSIGNMENT
You may not assign a professional-services agreement without our written consent, except as part of a bona fide merger, acquisition, or sale of substantially all relevant business assets.
We may assign these Terms or an engagement as part of a business reorganization, merger, acquisition, or asset transfer, subject to applicable law.
42. ENTIRE AGREEMENT
For general website use, these Terms and the Privacy Policy form the agreement governing use of the website.
For paid Services, these Terms, the Privacy Policy, and any applicable proposal, statement of work, order, invoice terms, or signed agreement together form the agreement for that engagement.
A project-specific written agreement controls over conflicting general terms.
43. CHANGES TO THESE TERMS
We may update these Terms from time to time.
The updated version will state a new "Last Updated" date.
Changes apply prospectively unless otherwise stated or required by law.
Material changes to an active paid engagement will not override a signed project-specific agreement without any consent required under that agreement or applicable law.
44. CONTACT
Questions about these Terms may be submitted through the current contact method published on:
ByMarkAllan.com
45. IMPORTANT IMPLEMENTATION NOTE
Before publishing these Terms, confirm that your actual booking, payment, cancellation, refund, intellectual-property, portfolio-use, AI-tool, confidentiality, and project-handoff practices match this document. A project-specific contract or statement of work should be used for material client engagements.
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