Terms & Conditions
Last updated: October 23, 2024
THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between WERETRY LLC, a limited liability company ("Weretry") and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of Weretry's website:https://www.weretry.com (the "Website") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client's use of the Website, and the Client is ordered to discontinue use immediately.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Weretry and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by Weretry and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions.
2. Project Ownership & Deliverables
Upon full payment of all fees due, the Client shall own all custom code, website designs, and deliverables created specifically for the Client's project ("Project Materials"). Weretry irrevocably assigns all rights, title, and interest in the Project Materials to the Client. However, Weretry retains ownership of:
- Pre-existing code, frameworks, or tools used in the project
- General programming techniques, algorithms, or methodologies developed during the project
- Any third-party materials incorporated into the deliverables
The Client warrants that any materials provided to Weretry during the development process are owned by the Client and do not infringe on any third party's rights.
3. Third-Party Services & Integrations
The Client acknowledges that the website may incorporate third-party services, APIs, plugins, or software that require separate licenses or subscriptions. Weretry will inform the Client of any third-party services needed and their associated costs. The Client is responsible for:
- Obtaining and maintaining necessary third-party licenses
- Compliance with third-party terms of service
- Payment of any fees associated with third-party services
- Maintaining security credentials for third-party services
4. User Representations
By using the Website, Client represents and warrants that:
- Client has the legal capacity to enter into this agreement
- Client is not a minor in their jurisdiction
- Client will not access the Website through automated means
- Client will not use the Website for any illegal purpose
- Client's use of the Website will not violate any applicable law or regulation
5. Development Process & Revisions
The development process includes:
- Initial consultation and requirements gathering
- Design and development phases
- Testing and quality assurance
- Client review and feedback
- Launch and deployment
The Standard and Pro packages include revision rounds as specified in the service agreement. Additional revisions beyond the included rounds will be billed at our current hourly rate.
6. Client Responsibilities
The Client agrees to:
- Provide necessary content and materials in a timely manner
- Review and provide feedback within agreed timeframes
- Maintain accurate contact and billing information
- Secure necessary hosting and domain services
- Maintain regular backups after project completion
7. Payment Terms
- Payment terms are as specified in the service agreement
- Monthly fees are billed in advance
- Additional services are billed as rendered
- Late payments may result in service suspension
- Refunds are subject to the conditions in Section 9
8. Service Delivery
Weretry commits to:
- Delivering services within agreed timeframes
- Maintaining professional development standards
- Following web security best practices
- Providing regular project updates
- Meeting specified performance metrics
9. Refund Policy
- Refund requests are evaluated on a case-by-case basis
- No refunds for completed work or delivered services
- Cancellations during the first month may be eligible for partial refund
- A 25% fee applies to any approved refunds
- All source code and materials remain Weretry's property until final payment
10. Limited Liability
Weretry's liability shall be limited to the amount paid by the Client for services. We are not liable for:
- Third-party service disruptions
- Content provided by the Client
- Business losses or damages
- Data loss or security breaches not directly caused by our negligence
11. Maintenance & Support
Post-launch support varies by service package. Additional maintenance services are available at current rates. Emergency support services may incur additional fees.
12. Term & Termination
- Either party may terminate with 30 days written notice
- Immediate termination is available for material breach
- All outstanding fees become immediately due upon termination
- Client receives all paid deliverables upon termination
13. Confidentiality
Both parties agree to maintain the confidentiality of:
- Business strategies and plans
- Technical specifications
- Client data and information
- Pricing and financial terms
- Proprietary methodologies
14. Portfolio Rights
Unless bound by an NDA, Weretry reserves the right to:
- Include the project in our portfolio
- Use project screenshots for marketing
- Describe the project in case studies
- Link to the launched website
15. Governing Law
This Agreement shall be governed by the laws of the jurisdiction where Weretry is registered, without regard to its conflict of law provisions.
16. Force Majeure
Neither party shall be liable for delays due to circumstances beyond reasonable control, including natural disasters, war, cyber attacks, or government actions.
17. Amendments
Weretry reserves the right to modify these terms at any time. Changes will be posted on the Website with the updated date.
18. Contact Information
For questions or concerns regarding these terms, please contact:
Weretry
Email: contact@weretry.com
Website: www.weretry.com
Last Updated: October 23, 2024