Terms of Use

Acceptance of Terms

The following Terms of Use represent a binding contract between you, as an individual or on behalf of an entity (“you”), and Development 180 LLC (“Company”, “we”, “us”, or “our”). These terms govern your use of the https://www.development180.com website, including all formats of media, linked channels, or any affiliated mobile website or application (collectively referred to as the “Website”). By accessing the Website, you acknowledge that you have read, understood, and agree to comply with these Terms of Use. IF YOU DO NOT CONSENT TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE.

We may also introduce additional terms and conditions or policies, which are incorporated by this reference into these Terms of Use. We hold the right to alter or amend these Terms of Use at our discretion at any time. Changes will be communicated through an update in the “Effective Date” above. By forfeiting the right to individual change notices, you assume responsibility to review these Terms of Use periodically. Continued use of the Website after updates constitutes your acceptance of the revised terms.

This Website is not intended for distribution or use in any jurisdiction or country where such distribution or use would conflict with local laws or impose registration requirements on us. Individuals accessing the Website from other locations do so by their initiative and are responsible for compliance with applicable local laws.

This Website does not cater to specific industry regulations (such as HIPAA, FISMA, etc.), and should not be used if your interactions fall under such laws. Usage that breaches the Gramm-Leach-Bliley Act (GLBA) is also prohibited.

Minors (typically those under 18, depending on jurisdiction) must have permission and supervision from a parent or guardian to use this Website. Minors must ensure their parent or guardian reviews and agrees to these Terms of Use before using the Website.

Fulfillment Policy

1. Introduction

At Development180.com, we prioritize transparency, accuracy, and client satisfaction in all our software development projects. This fulfillment policy outlines the terms and conditions under which we provide our services, ensuring that our clients understand the scope and nature of our engagements.

2. Scope of Services

Development180.com offers a range of software development services billed on an hourly basis. Whether a project takes 5 hours or 500 hours, our pricing is based on the actual hours worked, documented per minute.

3. Project Initiation

• Consultation and Proposal:Projects begin with an initial consultation to understand the client’s requirements. Based on this consultation, we provide a detailed proposal outlining the estimated hours and cost.
• Agreement and Payment: Work commences once the client agrees to the proposal and any necessary initial payments are made via our custom payment portal.

4. Documentation and Reporting

• Task Documentation: All tasks are documented per minute, ensuring precise and transparent billing. Clients receive detailed reports outlining the work completed and time spent.
• Progress Reports: Regular updates are provided to keep clients informed of the project status, including any deviations from the original estimate.

5. Payment Terms

• Hourly Billing: Clients are billed based on the actual hours worked. Automatic invoices are generated weekly, ensuring timely and accurate billing.
• Payment Methods: Payments are processed securely through our custom payment portal. Clients may also use other approved payment methods if agreed upon beforehand.

6. Changes and Modifications

• Scope Changes: Any changes to the project scope must be documented and approved by both parties. Additional hours resulting from scope changes will be billed accordingly.
• Client Requests: Requests for modifications or additional features will be assessed and billed based on the time required to implement them.

7. Delivery and Acceptance

• Project Delivery: Upon completion, the project is delivered to the client for review. This may include software code, documentation, and any other agreed deliverables.
• Acceptance Criteria: Clients are expected to review and accept the deliverables within a specified period (typically 10 business days). Any issues or discrepancies should be reported immediately for resolution.

8. Support and Maintenance

• Post-Delivery Support: We offer support and maintenance services on an hourly basis, ensuring ongoing functionality and addressing any issues that may arise after project delivery.
• Service Agreements: Clients can opt for ongoing support agreements tailored to their specific needs.

9. Refunds and Cancellations

• No Refund Policy: We do not offer refunds, regardless of whether the project is completed or not. All payments made are final.
• Cancellation: Clients may cancel ongoing work with a written notice, and billing will cease from the date of cancellation. Hours already worked and documented will be billed and are non-refundable.
• Dispute Resolution: Any disputes regarding billing or service quality will be addressed promptly. Clients are encouraged to communicate any concerns to our support team.

10. Contact Information

For any questions or concerns regarding this fulfillment policy, please contact us at: hellosupport@development180.com

Intellectual Property Rights

The Website, including its source code, databases, functionality, software, designs, audio, video, text, photographs, graphics (the “Content”), and associated trademarks, service marks, and logos (the “Marks”) are either owned by, controlled by, or licensed to us. They are protected under copyright, trademark, and various other U.S. and international intellectual property and unfair competition laws. The Content and Marks are offered on the Website “AS IS” for your personal and informational use only. Except as explicitly allowed in these Terms of Use, no part of the Website, nor the Content or Marks, may be copied, reproduced, compiled, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes without our explicit prior written consent.

Subject to your compliance with these Terms of Use, we grant you a limited license to access and use the Website and to download or print parts of the Content that you have rightfully accessed, solely for your personal, non-commercial use. We retain all rights not explicitly granted in the Website, the Content, and the Marks.

User Representations

When utilizing our Website, you affirm and guarantee that: (1) the registration details you provide are accurate, complete, and current; (2) you will promptly update your registration information to keep it accurate; (3) you possess the legal capacity and consent to abide by these Terms of Use; (4) if you are a minor in your jurisdiction, you have obtained parental permission to use the Website; (5) your access to the Website is direct and not through automated means like bots or scripts; (6) your use of the Website is lawful and not for unauthorized purposes; and (7) your engagement with the Website adheres to all relevant laws and regulations.

Should you submit information that is false, outdated, or incomplete, we reserve the right to suspend or terminate your account and block your future use of the Website (or any part of it).

User Registration

Registration may be required for certain features of the Website. You agree to maintain the confidentiality of your password and accept responsibility for all activities under your account and password. We may modify, reclaim, or remove usernames at our discretion, particularly if they are deemed inappropriate or offensive.

Prohibited Activities

The Website is intended for specific purposes as designated by us, and must not be used for unauthorized commercial activities unless explicitly permitted by us.

As a user of our Website, it is imperative that you adhere to the designated uses and refrain from engaging in unauthorized activities. This includes avoiding the systematic extraction of data or content for the creation of databases or directories without our express written permission. You must not engage in deceptive practices aimed at misleading us or other users, particularly in any attempt to obtain sensitive information such as passwords. The security features of the Website are paramount, and you must not attempt to circumvent, disable, or otherwise interfere with them. This includes features that restrict the copying of any content or enforce usage limits on the Website. It is crucial to maintain the integrity and reputation of our Website, and as such, any actions that disparage, tarnish, or otherwise harm us or the Website are strictly prohibited.

The information obtained from the Website must not be used to harass, abuse, or harm other individuals. Additionally, our support services are to be used appropriately, without submitting false reports of abuse or misconduct. The Website must be used in a manner consistent with all applicable laws and regulations, and not for advertising or selling goods and services without our authorization. Unauthorized framing or linking to the Website is not permitted, nor is the upload or transmission of harmful materials such as viruses, Trojan horses, or spam that can interfere with the uninterrupted use and enjoyment of the Website or impair its functionality.

Automated system usage, such as scripts for sending comments or messages, and the use of data mining, robots, or similar data gathering and extraction tools are prohibited. You must not remove copyright or other proprietary rights notices from any content. Impersonation of other users or the use of someone else’s username is not allowed, and you cannot sell or otherwise transfer your profile. The transmission of tracking devices like spyware is also forbidden.

You must not place an undue burden on the Website or the networks or services connected to it. Harassment, intimidation, or threats towards our employees or agents involved in providing any portion of the Website to you are not tolerated. Attempts to bypass any measures designed to prevent or restrict access to the Website, or any part of it, are prohibited. You may not copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Any attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up a part of the Website is strictly forbidden.

The use of the Website must not involve launching, developing, or distributing any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the Website, or using or launching any unauthorized script or other software. The use of a buying agent or purchasing agent to make purchases on the Website is not allowed. Engaging in any unauthorized use of the Website, such as 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 is prohibited. Finally, using the Website as part of an effort to compete with us or for any revenue-generating endeavor or commercial enterprise is strictly forbidden.

User-Generated Content Guidelines

At Development 180, we value the creativity and input of our users, though our Website currently does not offer a feature for users to submit or post content directly. However, there may be opportunities where we invite you to share your creative content with us or on the Website. This could include a variety of formats such as text, videos, audio clips, photographs, graphics, or other personal creations or ideas (collectively referred to as “Contributions”). It’s important to note that these Contributions could be accessible to other users of the Website and potentially visible on third-party platforms. Accordingly, any Contributions you share will be handled as per our Privacy Policy.

When you choose to share Contributions with us, you affirm and guarantee the following:

1. Your Contributions do not breach any third-party rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
2. You are either the sole creator and owner of the Contributions or have all necessary licenses, rights, consents, and permissions to use and to permit us and other users of the Website to use your Contributions as envisioned by the Website and these Terms of Use.
3. If your Contributions include identifiable individuals, you have obtained consent from each person to use their name or likeness, enabling the inclusion and use of your Contributions as per the Website and these Terms of Use.
4. The information in your Contributions is truthful and not misleading.
5. Your Contributions do not constitute any form of unauthorized or unsolicited promotional material, spam, or similar solicitations.
6. Your Contributions are free from content that could be considered obscene, excessively violent, harassing, defamatory, or otherwise inappropriately offensive, as determined by us.
7. You ensure that your Contributions do not belittle, mock, or attack anyone.
8. Your Contributions do not incite or threaten violence or legal action against individuals or groups, nor do they promote harm.
9. All your Contributions comply with applicable laws, rules, and regulations.
10. Your Contributions respect the privacy and publicity rights of third parties.
11. You avoid including in your Contributions any material that seeks personal information from minors or exploits minors in a harmful manner.
12. Your Contributions adhere to laws regarding child safety, including those related to child pornography.
13. Your Contributions are free from derogatory comments based on race, ethnicity, gender, sexual orientation, or physical disabilities.
14. Lastly, your Contributions fully comply with these Terms of Use and all relevant laws and regulations.

Please be aware that any engagement with the Website that contravenes these guidelines may lead to consequences including, but not limited to, the termination or suspension of your rights to use the Website. Your cooperation ensures a respectful and legally compliant environment for all users.

Contribution and Submission Policy

At Development 180, we highly value the contributions and suggestions from our community. While direct content submission on our Website isn’t currently a feature, we may offer opportunities for you to share your creativity, including texts, videos, photographs, graphics, and other materials (collectively, “Contributions”). Please be aware that your Contributions could be visible to other users and on third-party platforms. We treat all Contributions in alignment with our Privacy Policy, ensuring your personal data is handled with care.

When you share Contributions with us, you maintain ownership and any related intellectual property rights. Development 180 does not claim ownership of your Contributions. You are fully responsible for the content you provide, and we are not liable for any claims related to these Contributions. It’s important that you stand by your Contributions, understanding that they are your responsibility, and not ours.

In terms of suggestions, ideas, or feedback about the Website (“Submissions”), these are considered non-confidential and will become the exclusive property of Development 180. We have the freedom to use, share, and leverage these Submissions for any purpose, without the need to compensate you. When you provide Submissions, you waive any rights you might have in them, ensuring they are original or that you have the right to submit them.

Site Management and Modifications

Our team at Development 180 actively manages the Website to maintain a safe and functional digital environment. We reserve the right, though not the obligation, to monitor the Website for any violations of our Terms of Use. If necessary, we may take legal action against anyone who violates these terms or applicable laws. We also retain the right to control, limit, or remove any Contributions that we find inappropriate or burdensome to our systems. Our goal is to manage the Website in a way that safeguards our rights and property while ensuring its smooth operation.

In regards to our Privacy Policy, we are committed to protecting your data and privacy. We encourage you to review our policy at /privacy-policy. Please note that by using our Website, you consent to the terms outlined in our Privacy Policy. Keep in mind that our Website is hosted in the United States, so if you’re accessing it from other regions, your data will be transferred and processed in the U.S.

Terms, Termination, and Website Modifications

The Terms of Use are effective as long as you use our Website. We reserve the right to deny access, suspend accounts, or terminate the use of our Website at our discretion, for any reason including violations of these terms. After account suspension or termination, you are prohibited from creating a new account under any name without our permission. We also reserve the right to take legal actions as necessary.

We may also change or discontinue any aspect of the Website at our discretion and without notice. While we aim to provide a consistent and uninterrupted experience, we cannot guarantee that the Website will always be available. We may need to perform maintenance or address technical issues, leading to temporary interruptions. Please understand that we are not liable for any inconvenience or loss caused by these interruptions. Our commitment is to ensure that the Website functions smoothly, but we are not obligated to maintain or update it continuously.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Website are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. For any disputes arising under these Terms of Use, both parties agree to first attempt informal negotiations for at least thirty days before initiating arbitration. If unresolved, disputes (excluding certain types like intellectual property disputes, theft, privacy invasion, unauthorized use, and claims for injunctive relief) will be resolved exclusively through binding arbitration in Orange, California, under the rules of the American Arbitration Association. This arbitration agreement limits the possibility of suing in court or having a jury trial. The Parties consent to the jurisdiction of state and federal courts in Orange, California, for disputes not subject to arbitration. Disputes must be brought within one year of the cause of action. Arbitration is on an individual basis; class arbitrations and class actions are not permitted.

Corrections, Disclaimers, and Site Management

We reserve the right to correct any errors, inaccuracies, or omissions on the Website, including product descriptions and pricing, without prior notice. The Website is provided “as-is” and “as-available,” and your use of the Website is at your sole risk. We disclaim all warranties, express or implied, to the fullest extent permitted by law. We are not responsible for any errors, personal injury, unauthorized access to our servers, interruption of service, bugs, viruses, or any other harm resulting from your use of the Website. We do not endorse, guarantee, or assume responsibility for products or services advertised or offered by third parties through the Website. Users should exercise caution and use their judgment in purchasing products or services.

We have the right, but not the obligation, to monitor the Website for violations of these Terms, take legal action against violators, limit access to, or remove user Contributions, manage excessive files or content burdensome to our systems, and otherwise manage the Website to protect our rights and facilitate its proper functioning.

Limitations of Liability and Indemnification

Our liability in connection with the Website, for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, is strictly limited. This includes but is not limited to losses such as profit, revenue, data, or other types of loss, even if we have been advised of the possibility of such damages. Our liability is limited to the lesser of the amount paid by you to us in the one-month period prior to any cause of action or a specified amount. This limitation may not fully apply if certain state or international laws, which do not allow such limitations on implied warranties or exclusion or limitation of certain damages, govern your case.

You agree to defend, indemnify, and hold harmless Development 180, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including legal fees and expenses, arising from your use of the Site, breach of these Terms of Use, violation of rights of a third party, or any harmful act toward another user of the Site. We reserve the right to take over the exclusive defense of any claim for which you are required to indemnify us and you agree to provide cooperation.

User Data and Electronic Communications

We maintain data you transmit to the Site for managing the Site’s performance and for your use of the Site. We perform regular backups, but you are solely responsible for any data you transmit or that relates to your activity on the Site. We are not liable for any loss or corruption of your data, and you waive any right of action against us for such loss or corruption. Electronic communications, such as emails, online forms, and visits to the Site, are part of your interaction with us. You consent to receive electronic communications from us and agree that all electronic interactions satisfy legal requirements for communication in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.

California Users and Residents

California users and residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for unresolved complaints.

Miscellaneous

These Terms of Use, along with any policies or rules posted on the Site, constitute the entire agreement between you and Development 180. Our failure to enforce any right or provision is not a waiver of that right or provision. If any part of these Terms is deemed unlawful or unenforceable, it does not affect the validity of the remaining provisions. We may assign our rights and obligations at any time. We are not liable for any loss, delay, or failure caused by circumstances beyond our control. There is no joint venture, partnership, employment, or agency relationship between you and Development 180 due to these Terms or use of the Site. These Terms of Use will not be construed against us as the drafters. By agreeing to these Terms, you waive any defense based on their electronic form and our mutual lack of physical signatures.

Contact Us

For any inquiries or further information about these Terms, please contact hellosupport@development180.com.