Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and Softwerify LLC. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website. Your continued use of our services after any such modifications constitutes your acceptance of the modified Terms.

2. Description of Services

Softwerify LLC provides software development, web development, mobile application development, UI/UX design, consulting, and related technology services (collectively, "Services"). We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

Our Services are provided on an "as is" and "as available" basis. We do not guarantee that our Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

3. User Accounts and Registration

Some of our Services may require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to suspend or terminate your account if we suspect any unauthorized access or violation of these Terms.

4. Use of Services

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services in compliance with all applicable local, state, national, and international laws and regulations.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our Services
• Use our Services to transmit spam, unsolicited messages, or promotional materials
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users without their consent
• Use automated systems (bots, scrapers) to access our Services without permission
• Reverse engineer, decompile, or disassemble any part of our Services
• Remove or alter any proprietary notices or labels on our Services

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, functionality, and materials on our website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are owned by Softwerify LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content without our prior written consent.

5.2 Your Content

You retain ownership of any content, data, or materials you provide to us ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content solely for the purpose of providing our Services to you.

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not infringe any third-party rights
• Your Content complies with all applicable laws and regulations

6. Service Agreements and Projects

When you engage us for specific projects or services, separate written agreements may be executed that govern the terms of such engagement, including scope of work, deliverables, timelines, payment terms, and intellectual property rights. In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail with respect to that specific engagement.

All project estimates, proposals, and quotes are valid for the period specified therein and are subject to change. Final pricing and terms will be specified in the executed service agreement.

7. Payment Terms

Payment terms for our Services will be specified in the applicable service agreement or invoice. Unless otherwise agreed in writing:

• All fees are quoted in the currency specified in the agreement
• Payment is due within the timeframe specified in the invoice
• Late payments may incur interest charges and may result in suspension of Services
• All fees are non-refundable unless otherwise specified or required by law
• You are responsible for any taxes, duties, or fees applicable to your use of our Services

We reserve the right to change our pricing at any time. Price changes will not affect projects already under contract unless otherwise agreed.

8. Warranties and Disclaimers

8.1 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• Our Services will meet your specific requirements
• Our Services will be uninterrupted, timely, secure, or error-free
• Any defects or errors will be corrected
• Our Services are free of viruses or other harmful components

8.2 Service-Specific Warranties

Any warranties specific to a particular service or project will be set forth in the applicable service agreement. Such warranties are limited to the terms specified in that agreement.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFTWERIFY LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use our Services
• Any unauthorized access to or use of our servers or your data
• Any interruption or cessation of transmission to or from our Services
• Any bugs, viruses, or other harmful code transmitted through our Services
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, transmitted, or otherwise made available through our Services

Our total liability to you for all claims arising from or related to our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Softwerify LLC, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your Content or any content you submit, post, or transmit through our Services
• Any breach of your representations and warranties

11. Termination

We reserve the right to terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Your engagement in fraudulent, abusive, or illegal activity
• Non-payment of fees
• At our sole discretion, for any other reason

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by Softwerify 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 Softwerify 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

13. Dispute Resolution

13.1 Governing Law

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

13.2 Jurisdiction

Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the federal or state courts located in Delaware, United States. You consent to the personal jurisdiction of such courts.

13.3 Arbitration

For any dispute, claim, or controversy arising out of or relating to these Terms or our Services, you agree to first contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within sixty (60) days, you agree that any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

14. International Users

Our Services are controlled and operated from the United States. We make no representations that our Services are appropriate or available for use in other locations. If you access our Services from outside the United States, you are responsible for compliance with local laws.

You may not use our Services in violation of United States export laws or regulations or in violation of any other applicable export or import laws or regulations in your jurisdiction.

15. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other causes beyond our reasonable control.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Softwerify LLC regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.

18. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Contact Information

If you have any questions about these Terms of Service, please contact us:

20. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.