Software Development Studio

Terms & conditions

Effective Date: 09/09/2024

Welcome to Axerty LLC (“we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your use of our software products, applications, and services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

1. Acceptance of Terms

By accessing, downloading, or using our Services, you acknowledge that you have read, understood, and agree to comply with these Terms and all applicable laws and regulations. If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you are authorized to do so and bind such entity to these Terms.

2. Modifications to the Terms

We reserve the right to modify these Terms at any time, and such changes will be effective when posted on our website or within our Services. It is your responsibility to review these Terms periodically. Your continued use of the Services after changes are posted will constitute your acceptance of the modified Terms.

3. Eligibility

To use our Services, you must:

  • Be at least 18 years of age or the legal age of majority in your jurisdiction.
  • Have the legal capacity and authority to enter into these Terms.

If you do not meet these requirements, you are not permitted to use the Services.

4. User Accounts

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information when registering.
  • Maintain the security and confidentiality of your account credentials.
  • Notify us immediately of any unauthorized use of your account or any other breach of security.

You are responsible for all activities that occur under your account, whether authorized or not.

5. User Obligations

When using our Services, you agree to:

  • Use the Services only for lawful purposes and in accordance with these Terms.
  • Not use the Services in any manner that could damage, disable, or impair the Services or interfere with any other party’s use of the Services.
  • Not use any automated means to access or use the Services (e.g., bots, scrapers) unless expressly authorized by us.
  • Not engage in any conduct that could expose Axerty LLC or any third party to liability or harm.

6. Software License and Restrictions

a. License

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to use our software and applications for personal or commercial use, depending on the terms applicable to the product.

b. Restrictions

You agree that you will not:

  • Modify, decompile, reverse-engineer, or otherwise attempt to extract the source code of our software.
  • Resell, distribute, or transfer the software to any third party without our explicit permission.
  • Use the software to infringe upon any intellectual property or privacy rights of others.

7. Intellectual Property

All content, materials, and intellectual property available through our Services, including but not limited to software, designs, text, graphics, logos, trademarks, and other materials (collectively, “Content”), are owned by Axerty LLC or its licensors and are protected by applicable intellectual property laws.

You are granted a limited license to access and use the Content for your personal or business use. This license does not transfer any ownership rights to you. You may not reproduce, distribute, or create derivative works from our Content without our express written consent.

8. Payments and Fees

Certain features of our Services may be subject to fees. When you purchase any paid feature, you agree to pay the specified fees, including any applicable taxes. All payments must be made using valid payment methods accepted by us.

We reserve the right to change our fees at any time. Fee changes will be effective when posted on our website or Services. If you continue to use the paid Services after the fee changes become effective, you agree to the new pricing.

9. Third-Party Services

Our Services may contain links to third-party websites, services, or software that are not operated by us. We are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge that your use of any third-party service is at your own risk.

10. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Services, you consent to the collection and use of your data as outlined in the Privacy Policy.

11. Termination

We may terminate or suspend your access to the Services at our discretion, without notice or liability, if you violate these Terms or engage in any conduct that we consider harmful to our business or Services. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.

You may terminate your account at any time by discontinuing your use of the Services and contacting us at [Insert Contact Email].

12. Disclaimer of Warranties

Our Services are provided “as is” and “as available,” without any warranties or conditions, express or implied. To the fullest extent permitted by law, Axerty LLC disclaims all warranties, including:

  • Fitness for a Particular Purpose: We do not guarantee that our Services will meet your specific requirements.
  • Availability: We do not warrant that the Services will be uninterrupted, timely, secure, or free from errors or defects.
  • Accuracy: We do not warrant the accuracy or reliability of any information provided through the Services.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Axerty LLC, its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.

Our total liability for any claims arising out of or related to your use of the Services shall not exceed the greater of the amount you paid to us for the Services in the 12 months preceding the event giving rise to the claim or $100.

14. Indemnification

You agree to indemnify and hold harmless Axerty LLC, its affiliates, officers, directors, employees, agents, licensors, and partners from and against any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to:

  • Your use or misuse of the Services.
  • Your violation of these Terms.
  • Your violation of any law or rights of a third party.

15. Governing Law

These Terms and any disputes arising out of or related to your use of the Services shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.

16. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services, you agree to attempt to resolve the issue informally by contacting us at [Insert Contact Email]. If the dispute cannot be resolved through informal negotiation, it will be subject to binding arbitration in accordance with the rules of [Insert Arbitration Organization] in [Insert Jurisdiction].

17. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

18. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Axerty LLC concerning your use of the Services and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.