Terms of Service

1. Acceptance of Terms & Eligibility

By using the Service, you represent that you are at least 18 years of age, or the age of legal majority in your jurisdiction, and that you have the legal authority to enter into these Terms on your own behalf or on behalf of the organization you represent. If you are accessing the Service on behalf of a company, church, nonprofit, or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" and "Client" refer to that organization.

The Service is not directed to children under 13. Section 10 and our Privacy Policy address this in more detail.

2. Description of the Service

Company operates a business that designs, develops, publishes, and maintains custom Android applications for businesses, churches, professionals, and other organizations, and publishes information about that business, its pricing, and its portfolio through the Site and the App. The Service includes:

• Informational content published on the Site, including service descriptions, pricing, and examples of prior work;
• The ability to contact Company by email to request information or propose an engagement;
• The App, which functions as a lightweight viewer of Site content as described in our Privacy Policy; and
• For Clients who enter into a signed Service Agreement, the custom design, development, publication, and maintenance services described in that Agreement.

Company reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, including pricing, features described on the Site, and the availability of the App on Google Play.

3. Accounts, Inquiries & Communications

The Service does not currently require you to create a user account to browse the Site or the App. Where you contact Company by email or otherwise submit information (such as your name, organization, and contact details), you are responsible for the accuracy of that information and for promptly notifying Company of any change to your designated contact details for an active engagement.

For active Client engagements governed by a signed Service Agreement, only communications from the Client's single designated point of contact identified in that Agreement will be accepted and acted upon by Company, consistent with the terms of that Agreement.

4. Acceptable Use

You agree not to, and not to permit any third party to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• Attempt to gain unauthorized access to the Site, the App, or any related systems, networks, or accounts;
• Interfere with, disrupt, or place an unreasonable burden on the Service or its infrastructure, including through malware, denial-of-service attacks, or automated scraping;
• Reverse engineer, decompile, or disassemble the App or attempt to derive its source code, except to the extent such restriction is prohibited by applicable law;
• Misrepresent your identity or your affiliation with any person or organization when communicating with Company; or
• Use the Site or the App to transmit any content that is defamatory, infringing, fraudulent, or otherwise unlawful.

Company reserves the right to deny service, terminate access, or refuse to enter into or continue an engagement with any person or organization that violates this Section, in its sole discretion.

5. Client Engagements & Scope of Work

General information published on the Site (including pricing shown on the Site) is provided for informational purposes and does not, by itself, constitute a binding offer or agreement to perform work. A binding engagement for the design, development, publication, or maintenance of a custom application is formed only upon execution of a signed Service Agreement between Company and Client, together with any proposal referenced in that Agreement.

Any feature, request, or change not expressly described in the applicable Service Agreement or proposal is considered new work outside the original scope, and will be quoted and agreed to separately in writing before it begins. Company is under no obligation to perform work outside the agreed scope without a separate written agreement covering that work.

5.1 How to Formalize a Project

To start a project, the following simple steps must be completed. No project begins, and no development work is scheduled, until all of these steps are received by Company:

This identity verification process exists to confirm the identity and signing authority of the person entering into the Agreement on Client's behalf, and to prevent fraud. Information collected this way is kept confidential, stored securely, and is not sold, shared, or used for any purpose other than verification, invoicing, and project communication, except as required by law. See our Privacy Policy for further detail on how information is handled.

6. Fees, Payment & Billing

Pricing displayed on the Site is informational and subject to change without notice until incorporated into a signed Service Agreement, at which point the pricing and payment terms stated in that Agreement (and any separate Payment Policy referenced by Company) govern the specific engagement. Detailed payment methods, invoicing, late payment, and deactivation terms for active engagements are set out in the Payment Policy published by Company and in the applicable signed Service Agreement, both of which are incorporated into these Terms by reference for the engagements they cover.

As a general matter, Company accepts payment in Argentine pesos (via ALIAS, CVU, or CBU), in US dollars (via bank transfer, CashApp, Zelle, or Venmo), by credit or debit card, or in cryptocurrency (USDT or USDC). Accepted methods may vary by engagement and are confirmed in the applicable Service Agreement.

Where these Terms and a Payment Policy or signed Service Agreement address the same subject matter, the more specific document (the Payment Policy or Service Agreement) controls for that subject matter, consistent with Section 21(a).

7. Intellectual Property

7.1 Company IP

The Site, the App, and all content, design elements, graphics, logos, trademarks, text, and underlying source code (excluding Client Content, as defined below) are the exclusive property of Company or its licensors, and are protected by United States and international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in Company's intellectual property, except the limited right to access and use the Site and the App for their intended purpose.

7.2 Restrictions

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Site or the App, in whole or in part, without Company's prior written consent, except as expressly permitted by applicable law.

7.3 Feedback

If you provide Company with any suggestions, ideas, or feedback regarding the Service, Company may use that feedback without restriction or obligation to you.

8. User-Submitted Content

For Clients engaged under a signed Service Agreement, any text, photographs, logos, branding materials, or other content the Client submits for use in a custom application ("Client Content") remains the property of the Client. Client grants Company a non-exclusive, royalty-free license to use, reproduce, and display Client Content solely for the purpose of designing, building, publishing, and maintaining that Client's application. Client represents and warrants that it owns or has obtained all necessary rights, licenses, and permissions to provide Client Content, and that Client Content does not infringe the intellectual property, privacy, or other rights of any third party.

Company is not responsible for reviewing, verifying, or policing the legality of Client Content, and disclaims all liability arising from Client Content to the fullest extent permitted by law, subject to Section 14 (Indemnification).

9. Third-Party Services & Platforms

The Service relies on and may link to services outside Company's control, including but not limited to Google Play, Netlify, Google Fonts, payment processors such as Stripe, and calendar or data platforms used in individual Client engagements. Company is not responsible for the availability, content, accuracy, policies, or practices of these third-party services, and is not liable for outages, policy changes, fees, or discontinuation of service by any third-party provider. Your use of any third-party service is governed by that provider's own terms and privacy policy.

10. Privacy

Our collection and use of information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13, consistent with our Privacy Policy.

11. No Guaranteed Results

Company does not guarantee any specific outcome from use of the Service or from any application developed for a Client, including without limitation donation totals, attendance, downloads, engagement, revenue, or any other business result. Any application delivered by Company is a tool; its effectiveness depends on how it is used, promoted, and maintained by the Client.

12. Disclaimer of Warranties

Except as expressly stated in a signed Service Agreement, the site, the app, and all services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. company does not warrant that the service will be uninterrupted, secure, timely, or error-free, or that any defect will be corrected, except as expressly provided in a signed Service Agreement's bug fix warranty.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Company's total aggregate liability arising out of or related to these Terms, the Site, the App, or any engagement with Company shall not exceed the total fees actually paid by Client to Company for the specific service giving rise to the claim in the twelve (12) months preceding the claim.

In no event shall company be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost donations, lost members, lost profits, lost revenue, or loss of data, even if company has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, Company's liability will be limited to the greatest extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Company, its members, officers, employees, and authorized representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) any Client Content you provide, including any claim that it infringes a third party's rights; (c) your breach of these Terms or of a signed Service Agreement; or (d) your violation of any applicable law or the rights of any third party.

15. Independent Contractor

Company acts as an independent contractor in all engagements. Nothing in these Terms or in any Service Agreement creates an employment, partnership, joint venture, or agency relationship between Company and any User or Client.

16. Confidentiality

In connection with an active engagement, each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party, and to use that information solely for the purposes of the engagement, except as required by law or as otherwise agreed in writing.

17. Term, Suspension & Termination

These Terms remain in effect for as long as you access or use the Service. Company may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause or notice, including for actual or suspected violation of these Terms.

For active Client engagements, either party may terminate the maintenance relationship in accordance with the notice period stated in the applicable signed Service Agreement (currently thirty (30) days' written notice, unless otherwise stated in that Agreement). Termination does not entitle either party to a refund for work already performed, except as expressly stated in the applicable Service Agreement.

Sections 7, 8, 11 through 16, and 19 through 22 survive any termination of these Terms or of a Service Agreement.

18. Force Majeure

Neither party is responsible for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet or hosting outages, labor disputes, governmental action, or changes to third-party platform policies (including Google Play policies).

19. Dispute Resolution & Governing Law

These Terms, and any dispute arising out of or related to the Service or any engagement with Company, are governed by the laws of the State of Michigan, without regard to its conflict of law principles.

The parties agree to first attempt to resolve any dispute informally through direct discussion. If a dispute cannot be resolved informally within thirty (30) days, it shall be subject to the exclusive jurisdiction of the state and federal courts located in Ottawa County, Michigan, and each party consents to personal jurisdiction and venue there.

Each party waives any right to a jury trial and to participate in a class, collective, or representative action against the other party, to the fullest extent permitted by applicable law.

20. Changes to These Terms

Company may revise these Terms from time to time to reflect changes in its practices, the Service, or for legal reasons. The "Effective date" at the top of this page indicates when these Terms were last revised. Continued use of the Site or the App after changes are posted constitutes acceptance of the updated Terms. Changes to these Terms do not modify the terms of an already-signed Service Agreement, which may only be amended as described in that Agreement.

21. General Provisions

(a) Entire Agreement & Order of Precedence

These Terms, together with our Privacy Policy and, where applicable, our Payment Policy and any signed Service Agreement, constitute the entire agreement between you and Company regarding the Service and supersede all prior discussions or agreements, whether written or oral. Where a conflict exists: (i) a signed Service Agreement controls over these Terms and any Payment Policy, for the engagement it covers; (ii) a published Payment Policy controls over these Terms with respect to payment matters not otherwise addressed in a signed Service Agreement; and (iii) these Terms control for all other matters, including general use of the Site and the App.

(b) Amendment

Except as set out in Section 20, these Terms may only be amended in writing, signed by both parties, with respect to an active Service Agreement.

(c) Severability

If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

(d) No Waiver

Company's failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

(e) Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Company's prior written consent. Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

(f) Notices

All notices under these Terms must be in writing and sent by email to the addresses on file, and are deemed received when sent.

(g) Non-Exclusivity & Portfolio Use

Company may design, develop, and maintain similar applications for other clients, including organizations in the same industry or field as any Client. Company may showcase an application it develops, including screenshots and a general description of the work performed, as part of Company's professional portfolio and marketing materials, unless the Client objects in writing.

22. Contact Us

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

LNR Consulting Services LLC
Holland, Michigan
Email: info@lnrcs.com