Please read these terms and conditions carefully before using our services
Last Updated: January 2025By accessing and using the services provided by 38th Chain ("Company", "we", "us", or "our"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use our services.
Important: These terms constitute a legally binding agreement between you and 38th Chain. Your continued use of our services signifies your acceptance of any modifications to these terms.
38th Chain provides comprehensive software development services including, but not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of services.
While we strive to provide uninterrupted access to our services, we do not guarantee that our services will be available at all times or that they will be error-free. We may perform scheduled or emergency maintenance that temporarily restricts access to services.
As a user of our services, you agree to:
You may not use our services to:
All content, features, and functionality available through our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of 38th Chain or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Upon full payment for custom development services, you will own the intellectual property rights to the specific deliverables created exclusively for your project, subject to the following conditions:
We retain ownership of:
All prices for our services are quoted in the agreed currency and are subject to the terms outlined in individual project proposals or service agreements. Unless otherwise specified, all fees are exclusive of applicable taxes, which will be added to invoices as required by law.
Payment terms will be specified in your project agreement and may include:
Invoices are due within the timeframe specified on the invoice (typically 15-30 days). Late payments may be subject to:
Refunds are handled on a case-by-case basis. Initial deposits are generally non-refundable once work has commenced. Refunds for incomplete work will be prorated based on work completed and expenses incurred.
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the engagement. This includes, but is not limited to:
Confidentiality obligations do not apply to information that:
We are committed to protecting your data in accordance with applicable data protection laws, including GDPR and CCPA where applicable. For more information, please refer to our Privacy Policy.
We warrant that services will be performed in a professional and workmanlike manner in accordance with industry standards. Custom software developed by us will function substantially in accordance with the specifications agreed upon in the project scope.
Unless otherwise specified in your service agreement, we provide a 90-day warranty period from the date of final delivery for:
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Important Notice: We do not warrant that our services will be uninterrupted, error-free, or completely secure. We are not responsible for issues arising from third-party services, hosting providers, or factors outside our reasonable control.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 38TH CHAIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability to you for any claims arising out of or related to this agreement or our services shall not exceed the total amount paid by you to us for the specific service giving rise to the claim during the twelve (12) months preceding the claim.
The limitations in this section do not apply to:
Either party may terminate a service agreement with written notice if:
Either party may terminate ongoing services (such as maintenance or retainer agreements) with 30 days' written notice. Project-based work may be terminated for convenience subject to payment for work completed and expenses incurred.
Upon termination:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which 38th Chain operates, without regard to its conflict of law provisions.
In the event of any dispute arising from or relating to these Terms and Conditions:
You agree that any legal action or proceeding between you and 38th Chain shall be brought exclusively in the courts located in our primary business jurisdiction. You hereby consent to the personal jurisdiction of such courts.
You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class action, consolidated action, or representative action.
If you have any questions about these Terms and Conditions, please contact us:
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of our services following any changes indicates your acceptance of the new terms. We encourage you to review these terms periodically.
All formal notices under these Terms and Conditions must be in writing and sent to the addresses provided. Notices sent by email are considered received when acknowledged by the recipient.
These Terms and Conditions, together with any project proposals, service agreements, and our Privacy Policy, constitute the entire agreement between you and 38th Chain regarding our services and supersede all prior agreements and understandings.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
The failure of 38th Chain to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. Any waiver of any provision will only be effective if in writing and signed by an authorized representative.
You may not assign or transfer these Terms and Conditions or any rights granted hereunder without our prior written consent. We may assign our rights and obligations under these terms without restriction.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
The relationship between you and 38th Chain is that of independent contractors. Nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, agency, or employment relationship.
Our services may integrate with or rely upon third-party services, platforms, or tools. We are not responsible for the availability, functionality, or terms of service of such third-party services. Your use of third-party services is subject to their respective terms and conditions.
You agree to comply with all applicable export and import control laws and regulations in your use of our services. You represent that you are not located in a country subject to embargo or listed as a prohibited party by any government entity.
These Terms and Conditions are prepared in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
For custom software development projects:
For ongoing maintenance and support services:
For cloud infrastructure and hosting services:
For consulting and advisory services:
You agree not to use our services to:
Violation of this Acceptable Use Policy may result in:
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Please review our Privacy Policy to understand our practices.
We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your data, we cannot guarantee absolute security.
In the event of a data breach that affects your information, we will notify you in accordance with applicable laws and regulations within a reasonable timeframe after discovery of the breach.
Depending on your jurisdiction, you may have rights regarding your personal data, including:
Acknowledgment: By using 38th Chain's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.
Our team is here to help clarify any questions you may have about these terms and conditions.
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