Terms of Service

Last Updated: November 29, 2024

Welcome to IWEDEVELOP LLC. These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using iwedevelop.com or our services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

2. Description of Services

IWEDEVELOP LLC provides custom mobile application development services, including but not limited to:

• iOS application development
• Android application development
• UI/UX design services
• Application maintenance and support
• Technical consultation services
• Custom software development solutions

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

4. Account Registration

To purchase certain services, you may need to create an account. You agree to:

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

5. Orders and Payments

5.1 Pricing

All prices are listed in U.S. Dollars and are subject to change without notice. We reserve the right to modify our pricing at any time.

5.2 Payment Terms

Payment is required at the time of purchase unless otherwise agreed upon in writing. We accept payments through our secure payment processor, Stripe. By providing payment information, you represent that you are authorized to use the payment method.

5.3 Payment Schedule for Custom Projects

For custom development projects:

• A deposit of 50% is required before work begins
• The remaining 50% is due upon project completion and delivery
• For larger projects, milestone-based payment schedules will be agreed upon in the project contract

5.4 Subscription Services

For subscription-based services (such as maintenance plans):

• Payments are charged on a recurring monthly basis
• Subscriptions automatically renew unless canceled
• You may cancel at any time, effective at the end of the current billing period

6. Project Scope and Deliverables

For custom development projects:

• Project scope, timeline, and deliverables will be defined in a separate project agreement
• Changes to project scope may result in additional fees and timeline adjustments
• We will provide regular project updates and milestones
• Client approval is required at designated project milestones

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of IWEDEVELOP LLC and is protected by copyright, trademark, and other intellectual property laws.

7.2 Client-Owned Projects

Upon full payment for custom development services:

• You receive full ownership rights to the final deliverables
• We retain the right to use the project in our portfolio (unless otherwise agreed)
• Any third-party libraries or frameworks remain subject to their respective licenses

7.3 Pre-Existing Materials

We retain all rights to our pre-existing development tools, frameworks, and methodologies. Any proprietary tools or code that we bring to a project remain our property.

8. Client Responsibilities

You agree to:

• Provide timely feedback and approvals as requested
• Supply all necessary materials, content, and information
• Ensure you have rights to any materials you provide
• Respond to communications within agreed-upon timeframes
• Make timely payments as specified in the agreement

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner. For a period of 30 days after delivery, we will correct any defects in the delivered work at no additional charge.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IWEDEVELOP LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless IWEDEVELOP LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Content or materials you provide to us

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.

13. Termination

13.1 Termination by You

You may terminate your account or services at any time by contacting us. Termination does not relieve you of payment obligations for services already rendered.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to our services at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment
• Any other reason at our sole discretion

14. Dispute Resolution

14.1 Governing Law

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

14.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect intellectual property rights.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and IWEDEVELOP LLC regarding our services.

18. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or strikes.

19. Contact Information