Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the website, products, and services ("Services") provided by Agency DevWorks ("Company," "we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.

Description of Services

Agency DevWorks provides software development, web design, AI/automation solutions, digital marketing, and related technology services. Our Services include but are not limited to:

• Custom software development and programming
• Website design, development, and maintenance
• AI and machine learning solutions
• Business process automation
• Voice agent and chatbot development
• Digital marketing and SEO services
• Consulting and technical advisory services
• Online tools and utilities provided on our website

User Accounts

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Ensuring your account information remains accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.

Service Agreements and Projects

For custom development projects and services:

• Specific terms, scope, timelines, and pricing will be outlined in a separate Statement of Work (SOW) or project agreement
• Changes to project scope may require additional fees and timeline adjustments
• We will provide regular progress updates and maintain transparent communication
• Client feedback and approvals may be required at various project milestones
• Final deliverables will be provided upon completion and full payment

Payment Terms

By engaging our Services, you agree to the following payment terms:

• Fees for Services will be specified in your project agreement or invoice
• Payment schedules may include deposits, milestone payments, or recurring fees
• All fees are due according to the payment schedule specified in your agreement
• Late payments may incur interest charges and/or suspension of Services
• Prices are subject to change with reasonable notice for ongoing services
• Refunds are handled on a case-by-case basis according to project agreements

Intellectual Property Rights

Our Intellectual Property

The Service, including its original content, features, functionality, and underlying technology, is owned by Agency DevWorks and protected by copyright, trademark, and other intellectual property laws. Our trademarks, logos, and service marks may not be used without our prior written consent.

Client Work Product

Unless otherwise specified in a project agreement, upon full payment, clients receive ownership rights to custom work product created specifically for them. We may retain the right to use general knowledge, techniques, and non-confidential elements for future projects. Specific IP terms will be outlined in individual project agreements.

Third-Party Components

Our deliverables may include third-party software, libraries, or components subject to their own license terms. We will inform you of any such components and their applicable licenses.

Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit malicious code, viruses, or harmful content
• Engage in unauthorized access to systems or data
• Interfere with or disrupt the integrity of our Services
• Collect or harvest user data without consent
• Send spam, unsolicited communications, or phishing attempts
• Impersonate any person or entity or misrepresent your affiliation
• Use our Services for any illegal or unauthorized purpose
• Attempt to reverse engineer, decompile, or disassemble our software

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our engagement. This includes business strategies, technical specifications, customer data, and any information marked as confidential. Confidentiality obligations survive the termination of these Terms for a period of three (3) years unless otherwise specified in a separate agreement.

Warranties and Disclaimers

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. However:

THE 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, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. Any reliance on our Services is at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENCY DEVWORKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OUR SERVICES.

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Agency DevWorks and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any third-party rights.

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Services will immediately cease
• Any outstanding payments will become immediately due
• We may delete or retain your data as required by law
• Provisions that by their nature should survive termination will remain in effect

Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved as follows:

• Informal Resolution: We will first attempt to resolve any dispute informally by contacting each other directly
• Mediation: If informal resolution fails, both parties agree to attempt mediation before pursuing other remedies
• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States
• Jurisdiction: Any legal proceedings shall be conducted in the courts of competent jurisdiction

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Agency DevWorks regarding the Services
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect
• Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right
• Assignment: You may not assign these Terms without our written consent; we may assign our rights freely
• Force Majeure: We shall not be liable for delays or failures due to circumstances beyond our reasonable control
• Notices: We may provide notices through email, posted on the website, or other reasonable means

Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.