Terms of Service

 

1 - ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") constitute a legal agreement between you and North for Now LLC ("we," "us," or "our") regarding your use of our website and services. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our website or services.

You must be of the legal age of majority in your jurisdiction to use our website and services. By accessing or using our website or services, you represent and warrant that you are of the legal age of majority in your jurisdiction. If you are under the legal age of majority, you may only use our website and services with the involvement and consent of a parent or legal guardian. We do not knowingly collect personal information from individuals under the legal age of majority. If we become aware that personal information has been collected from an individual under the legal age of majority without parental consent, we will take steps to delete that information.

2 - SERVICES

We provide consulting and custom software solutions. These services include, but are not limited to, designing, developing, and deploying applications on third-party platforms.

Our use of these third-party platforms includes, but is not limited to building, sending, transforming, and storing your data to deliver our services. Our services are dependent on these third-party providers, the features they offer, their limits, and their availability and status. Our services do not include the fees from these third-party platforms.

When you engage our retainer services, you gain the ability to request services or support from us at our current hourly rate. It's important to note that while the retainer fee ensures our availability and commitment to your project, the retainer fee itself does not include any specific services or deliverables. Our retainer services automatically renew monthly unless canceled.

  • Prepaid Hours are billable hours that are used for app building, meetings, documentation, or any other project task. These hours are prepaid and do not expire if unused.

  • Email Support applies to existing application features and components that we build. This is in support of the app owner, not the app users. Support is for email responses only, and does not include any application building or changes.

  • Project Update Meetings are any project related meeting and subject to our availability.

  • Prioritized Work refers to project tasks and Email Support that are moved to the top of the queue.

Our services are subject to these Terms and any additional terms and conditions provided by us.

We reserve the right to modify or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

3 - PAYMENTS AND REFUNDS

All sales are final, and there are no refunds unless explicitly stated otherwise in a separate agreement or as required by applicable law.

You are responsible for paying all fees and charges associated with the use of our services.

Prices for our services are subject to change without notice. We reserve the right to modify the pricing of our services at any time.

4 - PERSONAL INFORMATION

Your submission of personal information through our services is governed by our Privacy Policy. To view our Privacy Policy, visit: https://www.northfornow.com/privacy.

5 - INTELLECTUAL PROPERTY

Our website, services, and any associated materials, including but not limited to software, designs, logos, trademarks, and other intellectual property, are owned by or licensed to us. All rights, title, and interest in and to the intellectual property associated with our services remain with us or the respective owners. These materials are protected by intellectual property laws and may not be used or reproduced without our prior written permission.

You may not reproduce, distribute, modify, or create derivative works of any part of our website or services without our prior written consent.

You retain ownership of any intellectual property rights that you hold in the content or materials you submit, post, or transmit through our website or services. By using our services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such content or materials solely for the purpose of providing our services.

In the course of providing our services, we may create copyrighted works, including but not limited to software code, designs, and graphics. Any such copyrighted works created by us during the provision of our services shall be owned by us unless otherwise agreed upon in writing.

6 - CONFIDENTIALITY

We understand the importance of confidentiality in our client relationships. Any information shared with us in the course of our engagement, including trade secrets, proprietary information, or other confidential information, will be treated as strictly confidential.

We will take reasonable measures to protect the confidentiality of your information but cannot guarantee absolute security. You acknowledge that the internet is not a completely secure environment and that the confidentiality of information transmitted or received through our website or services cannot be guaranteed.

7 - CLIENT RESPONSIBILITIES

You are responsible for providing us with accurate, complete, and up-to-date information necessary for the delivery of your service.

You agree to provide timely feedback, clarification, and approval during the development process to ensure smooth progress and delivery of the project.

You are responsible for obtaining any necessary licenses, permissions, or rights for the content, data, or materials you provide for inclusion in the project.

8 - PROHIBITED USE

You agree not to use our website or services for any purpose that is unlawful, prohibited, or inconsistent with these Terms. Prohibited uses include, but are not limited to:

  1. Violating any applicable laws, regulations, or third-party rights.

  2. Engaging in any fraudulent, deceptive, or misleading activities.

  3. Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

  4. Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.

  5. Accessing, tampering with, or using non-public areas of our website, server, or systems.

  6. Interfering with or disrupting the functionality of our website or services, including but not limited to introducing viruses, malware, or other harmful code.

  7. Collecting or harvesting any information about other users without their consent.

  8. Engaging in any activity that could disable, overburden, or impair the proper working of our website or services.

  9. Violating any intellectual property rights, including copyrights, trademarks, or trade secrets of North for Now LLC or any third party.

  10. Using our website or services for any unauthorized commercial purposes or for the solicitation of any other users.

  11. Engaging in any activity that violates the privacy or data protection rights of any individual or entity.

We reserve the right, at our sole discretion, to determine what constitutes prohibited use and to take appropriate legal or enforcement action in response to such use. This may include, but is not limited to, suspending or terminating your access to our website and services, reporting the prohibited activities to relevant authorities, and seeking legal remedies.

Please note that the above list of prohibited uses is not exhaustive, and we reserve the right to update or modify it at any time to address new or emerging issues. By using our website or services, you agree to comply with all applicable laws and to refrain from engaging in any prohibited activities as outlined in these Terms.

9 - LIMITATION OF LIABILITY

Our website and services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. We do not guarantee that our website or services will be uninterrupted, timely, secure, error-free, accurate, reliable, or free from viruses or other harmful components.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or services.

In no event shall our total liability to you exceed the amount you have paid to us, if any, for using our services in the past 2 months.

10 - REFUSAL OF SALES

We reserve the right to refuse sales or limit the provision of our services to any individual or entity, at our sole discretion, for any reason or no reason. Such refusal may include, but is not limited to, situations where we suspect fraudulent activity, violation of these Terms, or any other applicable laws or regulations.

We shall not be liable to you or any third party for any refusal to sell or limitation of services.

11 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the state of Wisconsin. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the state of Wisconsin.

12 - MODIFICATIONS

We reserve the right to modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting. Your continued use of our website or services after the posting of any revised Terms constitutes your acceptance of such changes.

13 - INDEMNIFICATION

You agree to indemnify, defend, and hold North for Now LLC, its affiliates, partners, directors, officers, employees, and agents harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

  1. Your use of our website or services;

  2. Your violation of these Terms or any applicable laws, regulations, or third-party rights;

  3. Your violation of any rights of another individual or entity;

  4. Any content or materials you submit, post, or transmit through our website or services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claim.

14 - SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15 - TERMINATION

You may terminate these Terms by ceasing to use our website and services at any time.

We reserve the right to terminate these Terms or suspend your access to our website and services, with or without cause, at our sole discretion and without prior notice.

In the event of late or non-payment for our services, we reserve the right to suspend or terminate the services until all outstanding payments are made in full.

Upon termination of these Terms, all rights and licenses granted to you will immediately cease. You will no longer have access to any data or content associated with our services, and we may delete any such data or content in our possession.

16 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and North for Now LLC regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral.

17 - CONTACT INFORMATION

Questions about these Terms should be sent to us at hello@northfornow.com.

18 - EFFECTIVE DATE

Effective April 3, 2024 to present.