Terms and Conditions

1. Acceptance of Terms

By accessing or using our website (https://yavaint.com) or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Services Description

2.1 Services Provided

YavaInt provides the following services:

• Web Development: Custom website development using modern technologies (Next.js, React, etc.)
• E-commerce Solutions: Shopify development, customization, and optimization
• Digital Solutions: Software development, automation, and technical consulting
• Maintenance and Support: Ongoing website maintenance, updates, and technical support
• Performance Optimization: Website speed optimization and performance improvements
• Technical Consulting: Technical reviews, strategy, and planning services

2.2 Service Limitations

• Services are provided on a project-by-project basis or through ongoing maintenance agreements
• Specific deliverables and timelines are outlined in individual project agreements or proposals
• We reserve the right to refuse service to anyone for any reason

3. Use of Services

3.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our services in any way that violates applicable laws or regulations
• Transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems or services
• Interfere with or disrupt our services or servers
• Use our services to infringe upon the rights of others

3.2 User Responsibilities

You are responsible for:

• Providing accurate and complete information when requesting services
• Maintaining the confidentiality of any account credentials
• Ensuring you have the legal right to request services on behalf of any entity
• Complying with all applicable laws and regulations

4. Intellectual Property

4.1 Our Intellectual Property

All content, designs, code, trademarks, and other materials on our website are the property of YavaInt or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, or distribute our content without permission
• Use our trademarks or logos without authorization
• Reverse engineer or attempt to extract source code from our services

4.2 Client Intellectual Property

Upon full payment for services, you own the deliverables created specifically for your project, including:

• Custom code developed for your project
• Custom designs created for your project
• Project-specific documentation

Exception: We retain rights to:

• Pre-existing code, frameworks, and tools we use
• Generic components and libraries we develop
• Our methodologies and processes

5. Payment Terms

5.1 Pricing

• Pricing for services is provided in project proposals or maintenance agreements
• Prices are subject to change, but changes will not affect existing agreements
• All prices are in the currency specified in the proposal (typically USD or CAD)

5.2 Payment

• Payment terms are specified in individual project agreements
• Payment may be required upfront, in milestones, or upon completion, as agreed
• Late payments may incur interest charges or result in suspension of services

5.3 Refunds

• Refund policies are specified in individual project agreements
• Generally, refunds are not provided for completed work
• Partial refunds may be available for cancelled projects before work begins, subject to the specific agreement

6. Project Scope and Changes

6.1 Project Scope

• Project scope, deliverables, and timelines are defined in written proposals or agreements
• Any work outside the defined scope may incur additional charges
• Scope changes must be agreed upon in writing before implementation

6.2 Revisions

• Number of revision rounds is typically specified in project agreements
• Additional revisions beyond the agreed number may incur additional charges
• Revision requests must be reasonable and within the original project scope

6.3 Timeline

• Project timelines are estimates based on the information provided
• Delays caused by client actions (e.g., delayed feedback, missing information) may extend timelines
• We are not liable for delays caused by third-party services or circumstances beyond our control

7. Limitation of Liability

7.1 General Limitation

7.2 Maximum Liability

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

7.3 Exceptions

This limitation of liability does not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

Canadian Law: These limitations comply with Canadian contract law and are reasonable in the context of service agreements.

8. No Warranties

8.1 Service Warranties

8.2 No Guarantees

We do not guarantee:

• Specific results or outcomes from our services
• That our services will meet all of your requirements
• That our services will be available at all times
• That errors or defects will be corrected

8.3 Reasonable Efforts

We will use reasonable efforts to provide quality services, but we make no guarantees about specific results.

9. Indemnification

You agree to indemnify, defend, and hold harmless YavaInt, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Content or information you provide to us

10. Termination

10.1 Termination by You

You may terminate services at any time by providing written notice. Termination may be subject to:

• Payment for work completed up to the termination date
• Payment for materials or services already procured
• Cancellation fees as specified in your agreement

10.2 Termination by Us

We may terminate or suspend services immediately if:

• You breach these Terms or any agreement
• You fail to make required payments
• You engage in illegal or harmful activities
• We are unable to provide services due to circumstances beyond our control

10.3 Effect of Termination

Upon termination:

• Your right to use our services immediately ceases
• We may delete or suspend access to your data (subject to data retention policies)
• Provisions that by their nature should survive termination will remain in effect

11. Confidentiality

11.1 Confidential Information

We will treat your business information, project details, and proprietary information as confidential and will not disclose it to third parties without your consent, except as required by law.

11.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was known to us before disclosure
• Is independently developed by us
• Must be disclosed by law or court order

12. Data and Privacy

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the collection and use of information as described in our Privacy Policy.

13. Third-Party Services

Our services may integrate with or depend on third-party services, including:

• Hosting Providers: Vercel, Supabase
• E-commerce Platforms: Shopify
• Email Services: Various email providers
• Other Tools: Development tools and services

We are not responsible for:

• The availability or performance of third-party services
• The actions or policies of third-party service providers
• Any issues arising from third-party services

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Canada, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from or related to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Canada.

14.3 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation.

14.4 Class Action Waiver

You agree that any disputes will be resolved individually and not as part of a class action.

15. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Acts of third parties

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with any project-specific agreements or proposals, constitute the entire agreement between you and YavaInt regarding the use of our services and supersede all prior agreements and understandings.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending an email notification (for significant changes)

Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

19. Contact Information

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

20. Acknowledgment

By using our services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.