Terms of Service
Please read these terms and conditions carefully before using our services
Last updated: December 2024
1. Acceptance of Terms
By accessing and using the Awersnel Mobile Studio website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
1.1 Scope of Agreement
These Terms of Service constitute a legally binding agreement between you ("User" or "you") and Awersnel Mobile Studio ("Company," "we," "us," or "our") governing your use of our website, mobile applications, and related services (collectively, the "Service").
1.2 Eligibility
You must be at least 18 years old or have parental/guardian consent to use our services. By using our Service, you represent and warrant that you have the legal authority to enter into this agreement.
2. Service Description
Awersnel Mobile Studio provides mobile application development, digital solutions, and related technology services to businesses and individuals worldwide.
2.1 Our Services Include:
- Custom mobile application development (iOS and Android)
- Cross-platform application solutions
- UI/UX design and user experience optimization
- Technical consulting and digital strategy
- Application maintenance and support services
- Performance optimization and testing
2.2 Service Availability
While we strive to provide uninterrupted service, we do not guarantee that our services will be available at all times. We may experience downtime for maintenance, updates, or due to circumstances beyond our control.
3. User Responsibilities and Acceptable Use
3.1 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.2 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using our services for any unlawful purpose or to encourage illegal activities
- Attempting to gain unauthorized access to our systems or other users' accounts
- Transmitting viruses, malware, or any malicious code
- Interfering with or disrupting our services or servers
- Copying, modifying, or distributing our proprietary software without permission
- Using automated systems to access our services without authorization
- Impersonating other individuals or entities
3.3 Content Guidelines
Any content you submit through our services must not violate any applicable laws, infringe on intellectual property rights, or contain harmful, offensive, or inappropriate material.
4. Intellectual Property Rights
4.1 Our Intellectual Property
All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Awersnel Mobile Studio and are protected by copyright, trademark, and other intellectual property laws.
4.2 User-Generated Content
You retain ownership of any content you provide to us. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving our services.
4.3 Client Project Rights
Upon full payment, clients retain full ownership of custom applications and deliverables created specifically for them. However, we retain the right to use general methodologies, frameworks, and non-confidential knowledge gained during the project for future work.
5. Payment Terms and Billing
5.1 Payment Obligations
Payment terms and rates for our services will be specified in individual service agreements or project proposals. All fees are due according to the payment schedule outlined in your service agreement.
5.2 Late Payment
Payments not received within the specified timeframe may result in suspension of services. We reserve the right to charge interest on overdue amounts and to recover any collection costs incurred.
5.3 Refund Policy
Refund requests will be evaluated on a case-by-case basis. Generally, refunds are available for services not yet rendered. Once work has commenced on a project, refunds may be subject to deduction of costs incurred.
5.4 Price Changes
We reserve the right to modify our pricing at any time. Price changes will be communicated to existing clients with at least 30 days' notice before the new rates take effect.
6. Limitation of Liability and Disclaimers
6.1 Service Disclaimer
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2 Limitation of Liability
In no event shall Awersnel Mobile Studio be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.
6.3 Maximum Liability
Our total liability for any claims arising out of or relating to these terms or our services shall not exceed the amount paid by you for the services giving rise to the claim in the twelve (12) months preceding the claim.
6.4 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.
7. Privacy and Data Protection
7.1 Privacy Policy
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference.
7.2 Data Security
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet is 100% secure.
7.3 Third-Party Services
Our services may integrate with or link to third-party services. We are not responsible for the privacy practices or content of these third-party services.
7.4 Data Retention
We retain personal data only as long as necessary to fulfill the purposes for which it was collected or as required by applicable laws and regulations.
8. Termination
8.1 Termination by You
You may terminate your use of our services at any time by ceasing to use our services and, if applicable, closing your account. Any outstanding payment obligations will remain due.
8.2 Termination by Us
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
8.3 Effect of Termination
Upon termination, your right to use our services will cease immediately. All provisions which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8.4 Data Return
Upon termination, we will provide you with reasonable assistance in retrieving your data, subject to applicable law and our data retention policies.
9. Dispute Resolution and Governing Law
9.1 Governing Law
These Terms shall be interpreted and governed by the laws of the Republic of Korea, South Korea, without regard to its conflict of law provisions.
9.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
9.3 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis only. Class actions, class arbitrations, and representative actions are prohibited.
9.4 Jurisdiction
Any legal suit, action, or proceeding arising out of these Terms shall be instituted exclusively in the federal or state courts located in Seoul, Republic of Korea.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
10.1 Notification of Changes
What constitutes a material change will be determined at our sole discretion. We will notify users of any changes by posting the new Terms on this page and updating the "Last updated" date.
10.2 Continued Use
By continuing to access or use our services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our services.
11. Contact Information
If you have any questions about these Terms of Service, please contact us using the information below:
Awersnel Mobile Studio
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Contact Support12. Miscellaneous Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on our services, constitute the entire agreement between you and Awersnel Mobile Studio concerning our services.
12.2 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
12.3 Assignment
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.
12.4 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by our authorized representative.
12.5 Headings
The headings in these Terms are for convenience only and have no legal or contractual effect.
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