Terms of Service

Please read these terms carefully before using our services

Last Updated: May 11, 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Dwaggytail Games LLC ("Company," "we," "us," or "our") governing your access to and use of our website at https://www.dwag.shop and the services we provide.

By accessing our website, using our services, or engaging with us in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our website or services.

Description of Services

Dwaggytail Games LLC provides the following services:

  • Computer systems design and architecture
  • System integration services
  • Cloud solutions and migration
  • Security consulting and implementation
  • Data management and analytics
  • Technical support and maintenance
  • Related professional, scientific, and technical services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

User Obligations

By using our services, you agree to:

  • Provide accurate, current, and complete information when requested
  • Maintain the confidentiality of any account credentials
  • Notify us immediately of any unauthorized use of your account
  • Use our services only for lawful purposes and in accordance with these Terms
  • Not engage in any activity that could harm, disable, or impair our services
  • Not attempt to gain unauthorized access to our systems or networks
  • Not use our services to transmit any harmful code or malware
  • Not interfere with other users' use of our services

Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality on our website, including but not limited to text, graphics, logos, icons, images, audio clips, software, and code, are owned by Dwaggytail Games LLC or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal or internal business purposes. You may not:

  • Reproduce, distribute, or publicly display any content without our prior written consent
  • Modify, adapt, or create derivative works based on our content
  • Reverse engineer or attempt to extract source code from our software
  • Remove any copyright or proprietary notices from our materials

Client Intellectual Property

Any intellectual property owned by you prior to engaging our services remains your property. We respect your proprietary information and will not use or disclose it except as necessary to provide our services or as required by law.

Confidentiality

We understand the importance of confidentiality in our business relationships. We agree to:

  • Maintain the confidentiality of all proprietary information you share with us
  • Use your confidential information solely for the purpose of providing our services
  • Protect your confidential information with at least the same degree of care we use to protect our own
  • Not disclose your confidential information to third parties without your prior written consent

This confidentiality obligation shall survive the termination of our services for a period of five (5) years.

Payment Terms

Fees and Invoicing

Fees for our services will be as specified in the applicable service agreement or proposal. Unless otherwise stated:

  • All fees are quoted in U.S. Dollars (USD)
  • Payment terms are net 30 days from the invoice date
  • Late payments may be subject to a service charge of 1.5% per month
  • We reserve the right to suspend services for overdue accounts

Taxes

You are responsible for all applicable taxes, including sales tax, use tax, and value-added tax, except for taxes based on our net income.

Refunds

Refund policies, if any, will be specified in individual service agreements. Generally, fees for services already rendered are non-refundable.

Limitation of Liability

To the fullest extent permitted by law, Dwaggytail Games LLC and our officers, directors, employees, agents, and affiliates shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Personal injury or property damage
  • Any damages arising from your use or inability to use our services
  • Any errors, omissions, or inaccuracies in our services

Our total liability for any claims arising under these Terms shall not exceed the amount you paid us for the specific service giving rise to the liability during the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Dwaggytail Games LLC and our officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your access to or use of our services
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property rights
  • Any content you submit, post, or transmit through our services

Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including:

  • Intellectual property provisions
  • Confidentiality obligations
  • Limitation of liability
  • Indemnification

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised Terms.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and Dwaggytail Games LLC regarding our services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dwaggytail Games LLC.

Contact Information

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

Dwaggytail Games LLC
6153 Elmira Street
Denver, Colorado 80238
United States

Email: support@dwag.shop
Phone: +1 (320) 746-6947
Website: https://www.dwag.shop