Terms of Service
⚠️ CRITICAL LEGAL DISCLAIMER
READ CAREFULLY BEFORE USING OUR SERVICES
1. Acceptance of Terms
By accessing or using the services of Kuwei Solutions LLC ("Company", "we", "us", or "our"), you ("Client", "you", or "your") agree to be bound by these Terms of Service ("Terms").
IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.
Your use constitutes your acceptance and creates a binding legal agreement.
2. Modification of Terms
We reserve the right to modify these Terms at any time, without prior notice.
- Changes are effective immediately upon posting
- Your continued use after changes constitutes acceptance
- You are responsible for reviewing Terms regularly
- We are NOT obligated to notify you of changes
3. Services Description
3.1 Services Offered
We provide web development, hosting, and consulting services as agreed upon in individual project agreements.
3.2 No Guarantee of Results
- We make NO guarantees regarding project outcomes
- Services are provided "AS IS" and "AS AVAILABLE"
- Success depends on factors outside our control
- We are NOT responsible for your business results
4. Client Responsibilities
4.1 Information Accuracy
You are solely responsible for:
- Providing accurate and complete information
- Maintaining the confidentiality of your account
- All activities under your account
- Notifying us of unauthorized access
4.2 Legal Compliance
You agree to:
- Comply with all applicable laws
- Not use services for illegal purposes
- Not infringe on third-party rights
- Not upload malicious content
- Not attempt to breach our security
4.3 Content Liability
You are solely responsible for:
- All content you provide or upload
- Ensuring you have rights to all content
- Content accuracy and legality
- Third-party claims regarding your content
5. Intellectual Property
5.1 Our IP
All intellectual property in our services, including but not limited to code, designs, methodologies, trademarks, logos, documentation, and proprietary processes, remains the exclusive property of Kuwei Solutions LLC unless explicitly transferred in writing.
5.2 Deliverables
Upon full payment, you receive a limited license to use deliverables for their intended purpose. We retain:
- Rights to reusable code components
- Rights to methodologies and processes
- Rights to use project for portfolio purposes
5.3 Third-Party Components
Services may include third-party components subject to their own licenses. You are responsible for compliance with third-party licenses.
6. Payment Terms
6.1 Fees
- Fees are specified in project agreements
- All fees are non-refundable unless explicitly stated
- We reserve the right to change fees at any time
- You are responsible for all taxes
6.2 Payment Obligations
- Payment is due as specified in agreements
- Late payments may incur interest at 1.5% per month
- We may suspend services for non-payment
- You remain liable for all fees regardless of service suspension
6.3 Disputes
Payment disputes must be raised within 15 days. After this period, all charges are considered accepted and final.
7. Project Completion & Acceptance
7.1 Project Scope
- Scope is defined in project agreements
- Changes require written approval and may incur additional fees
- "Scope creep" is your responsibility to prevent
- We are not liable for delays caused by scope changes
7.2 Acceptance
- You have 7 days to review deliverables
- Failure to object within 7 days constitutes acceptance
- After acceptance, no refunds or modifications
- Acceptance is final and binding
7.3 Client-Caused Delays
We are NOT responsible for delays caused by:
- Late client feedback or approvals
- Client-provided content delays
- Third-party dependencies
- Client unavailability
8. DISCLAIMERS (CRITICAL - READ CAREFULLY)
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
8.1 No Warranties
- Services provided "AS IS" and "AS AVAILABLE"
- NO warranties of merchantability or fitness for purpose
- NO guarantee of uninterrupted or error-free service
- NO guarantee of compatibility with third-party systems
- NO guarantee of specific results or outcomes
8.2 No Responsibility for Third Parties
We are NOT responsible for:
- Third-party services, APIs, or integrations
- Third-party downtime or service interruptions
- Changes to third-party platforms
- Third-party security breaches
- Actions of hosting providers or ISPs
8.3 Security Disclaimer
- NO guarantee of absolute security
- You acknowledge inherent risks in internet-based services
- We are NOT liable for security breaches
- You are responsible for implementing additional security measures
8.4 Backup Responsibility
- YOU are responsible for maintaining backups
- We are NOT responsible for data loss
- We may not maintain backups of your data
- You assume all risks of data loss
9. LIMITATION OF LIABILITY (CRITICAL)
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
9.1 Exclusion of Damages
WE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption
- Reputational harm
- Third-party claims
- Any damages exceeding fees paid in last 12 months
9.2 Maximum Liability Cap
Our total aggregate liability shall NOT exceed the lesser of:
- Amount you paid us in the preceding 12 months
- $500 USD
This cap applies regardless of the theory of liability (contract, tort, negligence, etc.).
9.3 Force Majeure
We are NOT liable for delays or failures due to:
- Natural disasters
- Government actions
- Internet or infrastructure failures
- Third-party service disruptions
- Any circumstances beyond our reasonable control
10. INDEMNIFICATION (YOUR OBLIGATION)
You agree to indemnify, defend, and hold harmless Kuwei Solutions LLC, its officers, directors, employees, contractors, and agents from any and all:
- Claims, damages, losses, liabilities, and expenses
- Attorney fees and legal costs
- Third-party claims
Arising from or related to:
- Your use of our services
- Your breach of these Terms
- Your violation of laws or third-party rights
- Your content or materials
- Your negligence or willful misconduct
11. Termination
11.1 Our Right to Terminate
We may terminate or suspend services immediately, without notice, for:
- Breach of these Terms
- Non-payment
- Illegal activities
- Abusive behavior
- Any reason at our sole discretion
11.2 Effect of Termination
Upon termination:
- All licenses terminate immediately
- You must immediately cease using our services
- You remain liable for all outstanding fees
- No refunds will be provided
- We may delete your data
11.3 Survival
Sections regarding payment, liability, indemnification, and dispute resolution survive termination indefinitely.
12. DISPUTE RESOLUTION
12.1 Governing Law
These Terms are governed by the laws of Wyoming, United States, without regard to conflict of law principles.
12.2 Arbitration (Binding)
IMPORTANT - WAIVER OF RIGHTS:
You agree that disputes will be resolved through BINDING ARBITRATION:
- Arbitration in Wyoming
- Individual basis only (NO class actions)
- American Arbitration Association rules
- You waive right to jury trial
- You waive right to class actions
- Arbitrator's decision is final
12.3 Exceptions
Either party may seek injunctive relief in court for:
- Intellectual property infringement
- Confidentiality breaches
- Immediate irreparable harm
12.4 Legal Fees
Prevailing party in disputes is entitled to recover attorney fees and costs.
13. General Provisions
13.1 Entire Agreement
These Terms, together with any project agreements and our Privacy Policy, constitute the entire agreement.
13.2 Severability
If any provision is unenforceable, remaining provisions remain in effect.
13.3 No Waiver
Our failure to enforce any right does not waive that right.
13.4 Assignment
We may assign these Terms without notice. You may NOT assign without written consent.
13.5 Independent Contractor
We are an independent contractor, not your employee or agent.
14. Contact and Notices
Notices to you may be sent to your provided email address.
15. ACKNOWLEDGMENT AND ACCEPTANCE
BY USING OUR SERVICES, YOU ACKNOWLEDGE:
- ✓ You have read and understood these Terms
- ✓ You agree to all provisions, including limitations of liability
- ✓ You accept all risks associated with our services
- ✓ You waive certain legal rights (jury trial, class actions)
- ✓ You are solely responsible for your use and outcomes
- ✓ We have limited liability as described herein
- ✓ You will indemnify us against claims
- ✓ These Terms may change without notice
16. FINAL WARNING
THESE TERMS SIGNIFICANTLY LIMIT OUR LIABILITY AND YOUR LEGAL RIGHTS.
CONSULT AN ATTORNEY before agreeing if you have any questions or concerns.