Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of our website at https://modderday.com and our consulting services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not access or use our Services.

1. Acceptance of Terms

By accessing or using any part of our Services, you agree to these Terms. Modderday reserves the right to modify, update, or change these Terms at any time without notice. Continued use of the Services after such modifications signifies your acceptance of the updated Terms.

2. Services Provided

Modderday offers consulting services in software development, web engineering, and full-stack solutions. The scope of work and deliverables will be agreed upon in writing prior to commencing any project.

3. User Responsibilities

When using our Services, you agree to:

• Provide accurate and complete information.
• Comply with all applicable laws and regulations.
• Not engage in any unlawful or abusive activities on our website or with our Services.
• Ensure any content you provide to us is free from harmful code, viruses, or other destructive elements.

4. No Warranties

Modderday provides its Services "as-is" and "as-available" without any representations or warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Services will meet your requirements.
• The Services will be uninterrupted, timely, secure, or error-free.
• Any defects in the Services will be corrected.
• The results obtained from the use of the Services will be accurate or reliable.

5. Limitation of Liability

To the fullest extent permitted by law, Modderday, its affiliates, directors, employees, and agents shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of our Services, even if we have been advised of the possibility of such damages.

This limitation of liability applies to all damages, regardless of the legal theory on which the claim is based, including but not limited to contract, tort, negligence, strict liability, or any other basis.

You understand and agree that your use of our Services is at your sole risk.

6. Indemnification

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

• Your use of our Services.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.

7. Intellectual Property

All content, software, designs, logos, trademarks, and other intellectual property made available through our Services are the exclusive property of Modderday or its licensors. You may not reproduce, modify, distribute, or create derivative works based on any part of our intellectual property without our express written consent.

8. Termination of Services

We reserve the right to suspend or terminate your access to the Services at any time, for any reason, without notice. You agree that Modderday will not be liable to you or any third party for any termination or suspension of your access to the Services.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved exclusively in the state and federal courts located in California, and you consent to the jurisdiction of such courts.

10. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions.

11. Entire Agreement

These Terms, along with any written agreements or contracts executed between you and Modderday, constitute the entire agreement between you and Modderday regarding the use of our Services. They supersede any prior agreements or understandings, whether written or oral.

12. Contact Us

If you have any questions or concerns about these Terms, please contact us at: [email protected].