Terms and Conditions

Agreement to Terms

These Terms and Conditions ("Terms") govern your use of the website located at www.fifthstonedev.com and any services provided by Fifth Stone Dev LLC ("Fifth Stone Dev," "we," "our," or "us"), including web design, development, and automation services. By accessing our website, requesting a quote, or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

Our Services

Fifth Stone Dev LLC provides web design, web development, and business process automation services, including but not limited to website builds, hosted infrastructure, and automated workflows (such as lead routing, scheduling, form processing, and notification systems) built using tools including n8n and Twilio. The specific scope, deliverables, timeline, and cost of any engagement will be set out in a separate proposal or service agreement between Fifth Stone Dev and the client.

SMS Text Messaging Terms

As part of certain automation services, Fifth Stone Dev may configure and send SMS text message notifications on behalf of, or to, our clients. This includes internal system alerts and client notifications of new website form submissions.

Consent and Opt-In

By signing a Fifth Stone Dev service agreement and providing your mobile phone number, you consent to receive SMS text messages related to your automation services. Consent to receive SMS messages is not a condition of purchasing any other goods or services, except as necessary to deliver the automation notifications you have specifically requested.

Message Frequency and Fees

Message frequency will vary based on your automation workflows and the volume of system activity or website submissions. Message and data rates may apply, as determined by your mobile carrier. Fifth Stone Dev does not charge separately for individual text messages beyond the fees outlined in your service agreement.

Opt-Out

You may opt out of receiving SMS messages at any time by replying STOP to any message. Reply HELP for assistance, or contact us using the information in the "Contact Us" section below. Opting out of SMS notifications may limit or disable certain automation features you have contracted for, such as real-time submission alerts.

Carrier Liability

Mobile carriers are not liable for delayed or undelivered messages. We do not guarantee delivery of any SMS message and are not responsible for missed notifications due to carrier issues, network outages, or incorrect contact information provided by the client.

Client Responsibilities

Clients engaging our automation services are responsible for:

• Providing accurate contact information, including phone numbers used for SMS notifications
• Obtaining any necessary consent from their own end users or customers before their data is processed through automation workflows we build on their behalf
• Reviewing and approving automation workflows, message content, and notification triggers prior to going live
• Maintaining accurate account credentials for any third-party services (e.g., hosting, CRM, scheduling tools) integrated into their automation stack

Intellectual Property

Unless otherwise agreed in writing, Fifth Stone Dev retains ownership of proprietary workflow templates, automation frameworks, and internal tooling used to deliver services. Upon full payment, clients receive a license to use the specific deliverables (e.g., website, configured workflows) built for them, as outlined in their service agreement.

Payment Terms

Payment terms, including deposits, milestones, and recurring fees for ongoing automation services, will be specified in your individual proposal or service agreement. Late or missed payments may result in suspension of services, including automation workflows and SMS notifications.

Limitation of Liability

To the fullest extent permitted by law, Fifth Stone Dev LLC shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website or services, including but not limited to lost revenue, missed leads, or delayed/undelivered SMS notifications, even if we have been advised of the possibility of such damages.

Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our automation workflows, website, or SMS notifications will be uninterrupted, error-free, or completely secure.

Termination

Either party may terminate a service agreement in accordance with the terms specified in that agreement. Upon termination, we may discontinue any associated automation workflows and SMS notifications tied to the terminated services.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or for legal, operational, or regulatory reasons. We will post the updated Terms on this page with a revised "Last Updated" date. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law provisions.

Contact Us