Terms of Service

Last Updated: March 06, 2023

1. Introduction

Welcome to Maccodify. These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at maccodify.com and the services offered by Maccodify.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Maccodify (“Company”, “we”, “us”, or “our”), concerning your access to and use of the website. You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Service and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

3. Services

Maccodify provides custom software development, SaaS architecture, staff augmentation, and consulting services (collectively, the "Services"). Specific project engagements are governed by separate written agreements (Master Services Agreement and Statement of Work) which will define the scope, deliverables, and payment terms for that specific project. These Terms of Service generally apply to your use of this website.

We reserve the right to modify, suspend, or discontinue the Service at any time without prior notice.

4. User Conduct

As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service:

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, or national origin.
  • To submit false or misleading information.
  • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or expose Maccodify, our users, or the public to any liability.

5. Intellectual Property

Service and Content

The Service and its original content, features, and functionality are and will remain the exclusive property of Maccodify and its licensors. The Service is protected by copyright, trademark, and other laws.

Client Deliverables

For specific software development projects, the ownership of the custom code, designs, and deliverables ("Client Deliverables") will be defined in the separate project contract (Master Services Agreement). Unless otherwise assigned in writing, Maccodify retains rights to its pre-existing frameworks, libraries, and methodologies.

Trademarks

Maccodify and our graphics, logos, and service names are trademarks of Maccodify. You may not use our trademarks in connection with any product or service without the prior written consent of Maccodify.

6. Confidentiality

If you provide us with any confidential information (e.g., project specifications, business data) via the Service, we agree not to disclose that information to third parties without your express consent, except as required by law or as necessary to provide the Services to you. Our full data handling practices are described in our Privacy Policy.

7. Payment & Billing

While this website provides general information, specific billing terms for projects are outlined in the client contract. Generally, we require deposits prior to work commencing and milestone payments thereafter. We reserve the right to change our fees at any time for future engagements. All fees are exclusive of all taxes, duties, or levies.

8. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Maccodify and our licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these terms; or c) Content posted on the Service.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, 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.

13. Contact Information

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