These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the services offered by Vapourware Studios ("Service Provider" or "Agency") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("Customer", "Client" or "User") and Vapourware Studios.
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "Customer," "Client" or "User" shall refer to such entity. If you do not have such authority or do not agree to the terms of this Agreement, you must not accept this Agreement and may not access and use the Services.
Vapourware Studios offers a range of services, including but not limited to website development, mobile app development, web app development, enterprise application development, graphic design, and UI/UX design. Additional services may be added or removed from time to time at the discretion of the Agency.
The fees for the Services will be as set forth in the applicable proposal or statement of work, and payment shall be made according to the payment terms set forth in such proposal or statement of work. If the Customer fails to make any payment when due, Vapourware Studios may immediately suspend or terminate the Services.
All materials, including but not limited to software, design, text, images, photographs, and graphics, contained on the Agency's website or in the Services are protected by copyright and are owned or licensed by Vapourware Studios. The Customer shall not use any of the Agency's intellectual property without prior written consent.
Both parties acknowledge and agree that during the course of providing the Services, confidential information may be disclosed to each other. Each party shall hold all such confidential information in strict confidence and shall not disclose such information to any third party without the prior written consent of the other party.
The Customer shall indemnify, defend, and hold harmless Vapourware Studios and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Customer's use of the Services.
Either party may terminate this Agreement at any time, with or without cause, upon written notice to the other party. Upon termination, the Customer shall immediately cease all use of the Services.
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Vapourware Studios is located, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.
Vapourware Studios reserves the right to modify this Agreement at any time, without prior notice to the Customer. The Customer's continued use of the Services after any such modification shall constitute acceptance of the modified Agreement.