Terms of Service

1. Introduction

Welcome to FN Developers ("Company," "we," "our," "us"). These Terms of Service ("Terms") govern your use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and FN Developers regarding your use of our website and services. We may modify these Terms at any time, and such modifications shall be effective immediately upon posting. Your continued use of our services after any modifications indicates your acceptance of the modified Terms.

2. Definitions

• "Services" refers to all products, services, content, features, technologies, and functions offered by FN Developers, including website development, mobile app development, social media management, UI/UX design, and related consulting services.
• "Website" refers to the FN Developers website located at fndevelopers.com and all associated web pages.
• "Client" refers to any individual or entity that engages our services or uses our website.
• "Content" refers to all text, graphics, images, videos, software, and other materials available on our website or through our services.
• "User" refers to any person who accesses or uses our website or services.

3. Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction.
• You have the legal capacity to enter into a binding contract.
• You are not located in a country that is subject to a U.S. government embargo.
• You will comply with these Terms and all applicable laws and regulations.

4. Our Services

FN Developers provides digital solutions including but not limited to:

• Custom web development and design
• Mobile app development (iOS and Android)
• Social media management and marketing
• UI/UX design and branding
• SEO and digital marketing services
• Technical support and maintenance

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

5. Client Obligations

As a client of FN Developers, you agree to:

• Provide accurate, current, and complete information about yourself as prompted by our forms.
• Maintain the security of your account and promptly notify us of any unauthorized use.
• Provide timely feedback, approvals, and necessary materials during project development.
• Pay all fees and charges associated with our services in a timely manner.
• Comply with all applicable laws and regulations regarding your use of our services.

6. Project Terms

6.1 Project Scope

Each project will be governed by a separate project agreement or statement of work that defines the specific scope, deliverables, timeline, and fees. In the absence of a separate agreement, these Terms shall govern.

6.2 Revisions and Changes

Our standard development packages include up to three rounds of revisions. Additional revisions or changes outside the original scope may be subject to additional fees. Major changes to project scope require a written change order and may affect the project timeline and cost.

6.3 Delivery and Acceptance

Upon completion of the project, we will deliver the final deliverables to you. You shall have a period of 14 days to review and accept the deliverables or provide written notice of any defects. If we do not receive notice of defects within this period, the deliverables shall be deemed accepted.

7. Intellectual Property

7.1 Ownership

Upon full payment of all fees, we assign to you all rights, title, and interest in and to the custom work product created specifically for you (the "Deliverables"). We retain ownership of any pre-existing materials, tools, libraries, and frameworks used in creating the Deliverables.

7.2 License to Use

We grant you a non-exclusive, non-transferable license to use any pre-existing materials incorporated into the Deliverables solely as part of the Deliverables. You may not sublicense, sell, or distribute these materials separately.

7.3 Portfolio Rights

We reserve the right to display and link to completed projects in our portfolio, case studies, and marketing materials unless we agree otherwise in writing.

7.4 Third-Party Materials

Any third-party software, fonts, images, or other materials used in your project are subject to their own licenses. We do not grant you any rights to third-party materials beyond what is provided by the respective licenses.

8. Fees and Payment

8.1 Fees

You agree to pay all fees specified in the project agreement or statement of work. Unless otherwise stated, all fees are in U.S. dollars and are non-refundable except as required by law.

8.2 Payment Terms

For most projects, we require a 50% deposit before work begins, with the remaining 50% due upon completion. For ongoing services, we may invoice monthly or as agreed in writing. Invoices are due within 14 days of the invoice date.

8.3 Late Payments

If payment is not received by the due date, we may suspend work and charge interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less. You agree to reimburse us for all costs incurred in collecting late payments.

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the project. Confidential information includes, but is not limited to, business plans, technical data, customer information, and project details.

This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession before disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that our services will be performed in a professional manner consistent with industry standards. If we fail to meet this warranty, we will, at our option, either re-perform the non-conforming services or refund the fees paid for those services.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, OUR 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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FN DEVELOPERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE OUR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES;
• ANY CONTENT OBTAINED FROM OUR SERVICES; OR
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless FN Developers, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our services;
• Your violation of these Terms;
• Your violation of any rights of a third party; or
• Any content or materials you provide to us.

13. Termination

13.1 Termination by You

You may terminate these Terms at any time by discontinuing use of our services and providing written notice. Upon termination, you remain responsible for all fees incurred up to the date of termination.

13.2 Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use our services will immediately cease.

13.3 Effect of Termination

Provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15. Dispute Resolution

Any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California, and shall be conducted in English. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with any project agreements or statements of work, constitute the entire agreement between you and FN Developers regarding our services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

17. Contact Us

If you have any questions about these Terms, please contact us at: