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.

Custom App Service

A Custom App Service provides you access to a hosted, software-as-a-service (SaaS) product that is a customized instance of our software, configured for your business or project. You are granted access to use the software during your active subscription term. Additional modifications or feature changes to your custom instance may be requested and completed for an additional fee, subject to our availability and approval. The underlying software and all related intellectual property remain owned by us at all times.

Prepaid Hours

Prepaid Hours may be purchased for app building, meetings, documentation, or other tasks. Prepaid Hours are deducted as tasks are performed. Project tasks will be completed only while sufficient Prepaid Hours remain available. Prepaid Hours do not expire, unless otherwise specified in writing.

Retainer

When you engage a Retainer, you secure our ongoing availability and commitment to your project.

All Retainers include:

  • Availability and commitment to prioritize your project during the retainer period.

  • Asynchronous Support (email, recorded video, or similar methods) for questions and guidance related to existing deliverables 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.

  • Prepaid Hours

The Retainer fee covers only these inclusions. Additional services beyond the scope of the retainer may be billed at our then-current hourly rate.

Retainers renew automatically on a monthly basis unless canceled. You may cancel at any time by written notice before the start of the next billing period.

3 - PAYMENTS AND REFUNDS

All fees are non-refundable once services are performed, except as expressly provided in a separate written agreement or as required by applicable law. If we are unable to deliver services due to our own error or non-performance, you may be entitled to a refund or credit at our discretion, consistent with Wisconsin 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.

To the maximum extent permitted by Wisconsin law, our total liability to you for any claim arising out of these Terms shall not exceed the amount you paid us for the services giving rise to the claim during the six (6) months preceding the event. This limitation does not apply to liability resulting from our gross negligence, willful misconduct, or violations of law.

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.

Nothing in this section permits refusal of services in violation of anti-discrimination laws.

11 - GOVERNING LAW

These Terms are governed by Wisconsin law. Disputes will be resolved in state or federal courts located in Wisconsin.

12 - MODIFICATIONS

We may update these Terms from time to time. Material changes will be communicated to you by email or notice through our website at least 15 days before taking effect. If you do not agree to the revised Terms, you may terminate your use of our services before the effective date of the changes. Your continued use of the services after the effective date constitutes acceptance of the revised Terms.

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, your access to the services will end. We will make commercially reasonable efforts to provide you with a copy of your project data or deliverables upon written request within 30 days of termination, after which we may permanently delete such data.

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.