Terms of Use
Last Updated:
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Waxaartur, concerning your access to and use of our website and services. You agree that by accessing the website, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these terms, then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the website 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 Use at any time and for any reason. We will alert you about any changes by updating the Last Updated date of these Terms of Use, and you waive any right to receive specific notice of each such change.
2. Intellectual Property Rights
Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website, collectively the Content, and the trademarks, service marks, and logos contained therein, the Marks, are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the website as is for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3. User Representations
By using the website, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such registration information as necessary
- You have the legal capacity and you agree to comply with these Terms of Use
- You are not a minor in the jurisdiction in which you reside
- You will not access the website through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the website for any illegal or unauthorized purpose
- Your use of the website will not violate any applicable law or regulation
4. Prohibited Activities
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the website, you agree not to:
- Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website
- Disparage, tarnish, or otherwise harm, in our opinion, us and the website
- Use any information obtained from the website in order to harass, abuse, or harm another person
- Make improper use of our support services or submit false reports of abuse or misconduct
- Use the website in a manner inconsistent with any applicable laws or regulations
- Engage in unauthorized framing of or linking to the website
- Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the website
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Delete the copyright or other proprietary rights notice from any Content
- Attempt to impersonate another user or person or use the username of another user
- Upload or transmit any material that acts as a passive or active information collection or transmission mechanism
- Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you
- Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website
- Copy or adapt the website's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website
- Use a buying agent or purchasing agent to make purchases on the website
- Make any unauthorized use of the website, including collecting usernames and email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- Use the website as part of any effort to compete with us or otherwise use the website for any revenue-generating endeavor or commercial enterprise
5. Services and Deliverables
We provide startup solutions including SaaS development and consulting services. All services are subject to availability and we reserve the right to discontinue any service at any time. Service descriptions, pricing, and timelines are subject to change without notice. We make every effort to ensure that service descriptions and other content on the website are accurate, however, we do not warrant that service descriptions or other content is accurate, complete, reliable, current, or error-free.
5.1 Service Agreements
Specific terms for services will be outlined in separate service agreements or statements of work. These agreements will detail project scope, deliverables, timelines, payment terms, and other relevant conditions. In the event of any conflict between these Terms of Use and a specific service agreement, the service agreement shall prevail.
5.2 Client Responsibilities
Clients are responsible for providing timely feedback, necessary materials, access to systems, and other cooperation required for successful project completion. Delays caused by client non-cooperation may result in timeline extensions and additional fees.
6. Payment Terms
Payment terms will be specified in individual service agreements. Generally, we require an initial deposit before commencing work, with the balance due upon completion or according to milestone-based payment schedules. All fees are quoted in United States Dollars unless otherwise specified. Late payments may be subject to interest charges and may result in suspension of services.
6.1 Refund Policy
Refunds are handled according to our Return Policy. Generally, deposits are non-refundable once work has commenced. For detailed information about refunds and cancellations, please refer to our Return Policy.
7. Confidentiality
We understand that in the course of providing services, we may have access to confidential information about your business. We agree to maintain the confidentiality of such information and not to disclose it to third parties without your consent, except as required by law or as necessary to provide the agreed services.
Similarly, we may share confidential information about our processes, methodologies, and proprietary tools with you during the course of our engagement. You agree to maintain the confidentiality of such information and not to use it for any purpose other than the intended project.
8. Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website or services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six month period prior to any cause of action arising.
9. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the website, breach of these Terms of Use, or your violation of the rights of a third party.
10. User Data
We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
11. Electronic Communications
Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
12. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the website or in respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
13. Dispute Resolution
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Kansas, United States, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
13.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use, you and we agree to first attempt to negotiate any dispute informally for at least thirty days before initiating arbitration or court proceedings.
13.2 Binding Arbitration
If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes.
14. Corrections
There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
15. Disclaimer
The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the website's content or the content of any websites linked to the website and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage resulting from your access to and use of the website, any unauthorized access to or use of our secure servers, any interruption or cessation of transmission to or from the website, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, or any errors or omissions in any content and materials.
16. Governing Law
These Terms of Use and your use of the website are governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and to be entirely performed within the State of Kansas, without regard to its conflict of law principles.
17. Contact Information
In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:
Waxaartur
6900 College Blvd #470
Overland Park, KS 66211
Phone: (913) 220-2032
Email: welcome@waxaartur.world