Hired Gun Apps (HGA) Terms of Service

1. Acceptance of Terms

By accessing or using Hired Gun Apps' (HGA) website development and hosting services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not use our services.

2. Description of Service

HGA provides website development, hosting, and related services as described on our website and in your selected plan.

3. User Accounts

1. You may need to create an account to use some of our services. You are responsible for maintaining the confidentiality of your account and password.
2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. Intellectual Property Rights

1. HGA retains ownership of all templates, design assets, proprietary software, tools, and systems used in the development and hosting of websites.
2. Users are granted a non-exclusive, non-transferable license to use the templates and design assets provided by HGA for the purpose of their website, for the duration of their service agreement.
3. Any content provided by the user (such as logos, text, or images) remains the property of the user.

5. User Responsibilities

1. You are responsible for all content you provide for your website.
2. You agree not to use our services for any unlawful purposes or in any way that could damage, disable, overburden, or impair our services.

6. Payment and Fees

1. You agree to pay all fees associated with your selected plan.
2. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

7. Post-Delivery Modifications and Billing

1. Clients have a 30-day period after website delivery for free tweaks to their copy and website content.
2. After the 30-day period, modifications will be billed at a rate of $150 per hour, with a minimum billing of 1 hour, unless a different rate is negotiated.
3. HGA typically provides feature-based pricing in project proposals, which may include different terms for post-delivery modifications.

8. Termination of Service

1. Either party may terminate the service agreement at any time with written notice.
2. Upon termination and full payment of any outstanding fees, HGA will provide you with the source code of your website within 30 business days.
3. You acknowledge that the provided source code:
   1. May require significant modification to function outside of HGA's proprietary systems.
   2. Will not include any of HGA's proprietary tools, systems, or software.
   3. May require the expertise of a skilled software developer to implement on a different platform.
4. Upon termination, your license to use HGA's templates and design assets will expire, unless a separate agreement is negotiated.

9. Limitation of Liability

1. HGA is not responsible for any loss of functionality, performance issues, or costs associated with the transfer and reimplementation of the website on another platform.
2. You agree to hold HGA harmless from any claims arising from the use or modification of the provided source code after termination of service.

10. Changes to Terms

HGA reserves the right to modify these Terms at any time. We will provide notice of significant changes through our website or via email.

11. Governing Law

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