This Remarkable.dev Services Agreement includes this introduction, the General Terms and Services Terms (“Agreement”) and forms a legal agreement between Remarkable.dev (“Remarkable.dev”, “we”, “us” or “our”) and the entity or sole proprietor on whose behalf a Remarkable.dev account is created (“Client”, “you” and “your”) to receive certain services offered by Remarkable.dev. This Agreement states the terms and conditions that apply to your use of the Website and Services.
General Terms
You and Remarkable.dev agree as follows:
1. Intellectual property rights
Unless otherwise indicated, the Website is the property of Remarkable.dev and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (“Marks”) are owned and controlled by Remarkable.dev and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Remarkable.dev’s express prior written permission. Remarkable.dev reserves all rights in the Website, Content and Marks.
2. User representations
By using the Website, Client represents and warrants that:
Client has the legal capacity and agrees to comply with these Terms of Use;
Client is not a minor in the jurisdiction of their domicile;
Client will not access the Website through automated or non-human means;
Client will not use the Website for any illegal or unauthorized purpose;
Client’s use of the Website will not violate any applicable law or regulation.
3. Prohibited activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Remarkable.dev on behalf of the Client. Further, Client agrees to refrain from the following:
Make any unauthorized use of the Website;
Retrieve data or content for the purposes of creating or compiling a database or directory;
Circumvent, disable, or otherwise interfere with security-related features on the Website;
Engage in unauthorized framing or linking of the Website;
Trick, defraud or mislead Remarkable.dev or other users;
Interfere with, disrupt or create an undue burden on the Website or Remarkable.dev’s networks or servers;
Use the Website in an effort to compete with Remarkable.dev;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
Harass, annoy, intimidate or threaten any of Remarkable.dev’s employees, independent contractors or agents providing services through the Website;
Delete the copyright or other rights notice from any Content;
Copy or adapt the Website’s software;
Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;
Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
Disparage, tarnish or otherwise harm Remarkable.dev;
Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
4. Management and oversite
Remarkable.dev reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Remarkable.dev further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Remarkable.dev, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Remarkable.dev and shall be designed to protect Remarkable.dev’s rights and property.
5. Privacy policy
We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you automatically agree to our Privacy policy, which is incorporated herein by reference.
6. Modification
Remarkable.dev reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Remarkable.dev reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
7. Connection interruptions
Remarkable.dev does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Remarkable.dev’s control. Client agrees that Remarkable.dev shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
8. Governing law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wyoming without regard to conflict of law principals.
9. Litigation
Any legal action of whatever nature shall be brought in the state courts of Wyoming or in the United States District Court for the District of Wyoming. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
10. Disclaimer of warranties
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Remarkable.dev disclaims all warranties, express or implied, in connection with the Website and Services and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Remarkable.dev makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Remarkable.dev assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Remarkable.dev’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website and provided Services. Remarkable.dev does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
11. Limitations of liability and indemnification
Remarkable.dev and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website or Services. Client agrees to defend, indemnify and hold harmless, Remarkable.dev and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors 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:
use of the Website;
breach of these Terms of Use;
any breach of Client’s representations and warranties set forth herein;
Client’s violation of the rights of any third party, including but not limited to intellectual property rights.
Notwithstanding the foregoing, Remarkable.dev reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Remarkable.dev hereunder. Client agrees to cooperate with the defense of such claims.
12. User data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Remarkable.dev shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Remarkable.dev from any such loss or corruption.
13. Electronic communications, transactions, and signatures
Client hereby consents to receive electronic communications from Remarkable.dev and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Remarkable.dev or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
14. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Remarkable.dev. Failure of Remarkable.dev to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Remarkable.dev.
Services Terms
1. Ownership and licenses
1.1 Client owns all Work Products.
As part of the Service, the Remarkable.dev is creating “Work Product” for the Client. To avoid confusion, Work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Remarkable.dev works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of the “Project”, whether before the date Project starts or after. The Remarkable.dev hereby gives the Client this work product once the Client pays for it in full. This means the Remarkable.dev is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.
1.2 Remarkable.dev’s use of Work Product.
Once the Remarkable.dev gives the work product to the Client, the Remarkable.dev does not have any rights to it, except those that the Client explicitly gives the Remarkable.dev here. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. Certain work which is not specific to the Client’s business, that is, deliverables that don’t specifically relate to the tasks at hand, are owned by the Remarkable.dev yet given perpetual license to the Client. The Client is not allowed to take back this license, even after the Project ends.
1.4 Remarkable.dev’s IP that Is not Work Product.
During the course of this project, the Remarkable.dev might use intellectual property that the Remarkable.dev owns or has licensed from a third party, but that does not qualify as Work Product. This is called “background IP”. Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Remarkable.dev is not giving the Client this background IP. But, as part of the Service, the Remarkable.dev is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP. The Client cannot sell or license the background IP separately from its products or services. The Remarkable.dev cannot take back this grant, and this grant does not end when the Project is over.
1.5 Remarkable.dev’s right to use Client IP.
The Remarkable.dev may need to use the Client’s intellectual property to deliver a Services. For example, if the Client purchased a Service from the Remarkable.dev to build a website, the Remarkable.dev may have to use the Client’s logo. The Client agrees to let the Remarkable.dev use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Remarkable.dev’s job. Beyond that, the Client is not giving the Remarkable.dev any intellectual property rights, unless specifically stated otherwise in writing.
2. Hosting and server maintenance
Unless agreed otherwise, the Client will cover the cost of hosting, server, and deployment software licenses.
3. Third-party software licenses
Remarkable.dev will pay for Statamic and any necessary for the project third-party software licenses for the first year only. The renewal cost of licenses will be the Client’s responsibility.
4. Browser support
We test Projects in current versions of major browsers, including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We don’t guarantee that our delivered Projects will fully work in other older browsers, including Internet Explorer, Opera Mini/Mobile, or specific Android devices.
5. Payment terms for Services
Website packages. The Client will pay Remarkable.dev a flat fee for packaged Services (”Package”). Of this, the Client will pay Remarkable.dev 50% before work begins. The remaining 50% will be requested after reaching a midway milestone that is agreed upon with Client. After the final payment is received, we will begin working on the remaining part of Project.
Subscription. Subscriptions are metered and assessed on a monthly basis. The daily rate will be applied for each day any development work was done at Client’s request. We do our best to aggregate tasks, however, in the case of spread-out Tasks the daily rate will apply regardless of the time spent on a Task.
6. Support
Remarkable.dev will not provide support for any deliverable once the Project development is complete and one week for Client to review the Project has expired. The countdown for the one week to review starts once Remarkable.dev notifies Client via sending an email message to the email address Client used to register on Website.
7. Returns and refunds
Remarkable.dev reserves the right to deny refunds based on its own self-discretion and without notice or liability to Client. Refund requests are assessed on a case-by-case basis. Should Client request a refund during the first two weeks, all the code produced by Remarkable.dev is ownership of the company and is prohibited from being used by the Client in any way. Remarkable.dev reserves the right to take appropriate legal actions against Client for breach of this paragraph.
8. Contact information
Musninku 20, Vilnius 07182, Lithuania