Terms of Service

3.1 Account Security

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

3.2 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers connected to the Services
• Transmit any malicious code, viruses, or harmful materials
• Impersonate any person or entity or misrepresent your affiliation
• Reverse engineer, decompile, or disassemble any portion of the Services

3.3 Client Data and Systems

When we provide integration services, you are responsible for ensuring you have the necessary rights, permissions, and authorizations to grant us access to your systems and data. You warrant that you own or have permission to use all data you provide to us.

4.1 Project Agreements

Specific services will be governed by separate written agreements, statements of work, or proposals that detail the scope, timeline, deliverables, and fees. In the event of any conflict between these Terms and a specific service agreement, the service agreement will prevail.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. We will make reasonable efforts to notify active clients of material changes that affect ongoing projects.

5.1 Service Fees

Fees for our Services will be specified in the applicable service agreement or proposal. Unless otherwise stated, all fees are in U.S. dollars and are non-refundable.

5.2 Payment Terms

Payment is due according to the terms specified in your service agreement. Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for non-payment.

5.3 Expenses

Unless otherwise agreed, you are responsible for reimbursing reasonable expenses incurred in connection with the Services, including third-party software licenses, API fees, and hosting costs directly related to your project.

6.1 Our Intellectual Property

The Services, including all content, features, functionality, software, and materials (excluding client-specific custom work) are owned by WebMeshed and are protected by copyright, trademark, and other intellectual property laws. Our proprietary frameworks, methodologies, and tools remain our property.

6.2 Custom Work and Deliverables

Upon full payment, you will own the custom code, integrations, and specific deliverables created exclusively for your project as outlined in the service agreement. This does not include our pre-existing tools, libraries, or frameworks used in the development process.

6.3 Client Materials

You retain all rights to your data, content, and materials. By providing materials to us, you grant us a limited license to use them solely for the purpose of delivering the Services.

8.1 Service Warranty

We warrant that we will perform services in a professional and workmanlike manner consistent with industry standards. If services fail to conform to this warranty, your exclusive remedy is for us to re-perform the non-conforming services at no additional charge.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, 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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11.1 Term

These Terms remain in effect while you use our Services. Specific service agreements will have their own term provisions.

11.2 Termination

We may terminate or suspend your access to the Services immediately, without prior notice, for any breach of these Terms. Upon termination, your right to use the Services will immediately cease. Termination provisions for ongoing projects will be specified in individual service agreements.

11.3 Survival

Sections relating to intellectual property, confidentiality, warranties, limitations of liability, indemnification, and dispute resolution shall survive termination of these Terms.

12.1 Governing Law

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

12.2 Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in English and held in Delaware, unless otherwise mutually agreed.

12.3 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.

13.1 Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and WebMeshed regarding the Services and supersede all prior agreements and understandings.

13.2 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.

13.3 Waiver

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

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.