Terms of Service

1. Agreement to Terms

By accessing and using ColdFusion Websites ("we," "us," or "our") services, you ("user" or "you") agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.

2. Description of Service

ColdFusion Websites provides web development, software development, digital marketing, and related technology services including but not limited to:

• AI development and consulting services, including but not limited to: machine learning model design, natural language processing, generative AI applications, and deployment of AI-powered tools
• ColdFusion application development
• Python development
• PHP development and custom applications
• WordPress development and customization
• Mobile application development
• Web design and development
• Database design and management
• Data processing and analytics
• Legacy system migration and modernization
• Performance optimization and tuning
• Digital marketing and SEO services
• Link building and content marketing
• Cloud hosting and infrastructure services
• Cybersecurity and compliance consulting

3. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, state, national, or international law
• Transmit or procure the sending of any advertising or promotional material without our consent
• Impersonate or attempt to impersonate the company, employees, or other users
• Use our services in any way that could disable, overburden, or impair our servers
• Attempt to gain unauthorized access to any part of our services
• Use automated systems to access our services without permission
• Use our AI systems to generate or disseminate unlawful, harmful, discriminatory, or misleading content
• Attempt to re-train, reverse-engineer, or extract proprietary data, models, or algorithms
• Use AI outputs in contexts where failure could cause physical harm, financial loss, or legal liability (e.g., medical, legal, or financial decision-making) without appropriate human oversight

4. Intellectual Property Rights

5. Service Inquiries and Project Engagement

When you contact us for services or submit project inquiries, you agree to:

• Provide accurate and complete information about your project requirements
• Respond promptly to our requests for clarification or additional information
• Respect our team's time by providing realistic project timelines and budgets
• Maintain professional communication throughout the engagement process
• Understand that initial consultations and quotes are non-binding estimates

We reserve the right to decline projects that do not align with our services, values, or availability.

6. Payment, Billing, and Refunds

• Payment terms are specified in individual project agreements
• Fees are generally non-refundable, except: (a) where required by applicable consumer protection laws; (b) for unused hosting services canceled within 30 days of purchase; (c) if we materially fail to deliver agreed services as specified in writing
• Late payments may incur 1.5% monthly service charges
• We reserve the right to suspend services for non-payment after 15 days written notice
• Price changes will be communicated with 30 days advance notice

7. Service Availability and SLA

We target 99.9% monthly uptime for our hosting services, excluding scheduled maintenance (announced 48 hours in advance). For business hosting plans experiencing less than 99% monthly uptime due to our infrastructure, we will provide service credits equal to the pro-rated amount for the downtime period.

We reserve the right to modify, suspend, or discontinue services with 30 days written notice, except in cases of security threats, non-payment, or Terms violations where immediate suspension may occur.

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy which governs how we collect, use, and protect your information.

9. Disclaimers and Warranties

Our services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

AI services are experimental in nature. We do not warrant that AI-generated outputs will be accurate, reliable, or suitable for any particular purpose. You acknowledge that outputs may contain errors, biases, or unintended content, and you agree to exercise independent judgment before relying on them.

10. Limitation of Liability

To the maximum extent permitted by law, ColdFusion Websites shall not be liable for any indirect, incidental, special, or consequential damages, including lost profits, data, or use, regardless of the theory of liability.

To the maximum extent permitted by law, ColdFusion Websites shall not be liable for any damages arising from the use or reliance on AI-generated outputs, including errors, omissions, or biases inherent in machine learning technologies.

11. Indemnification

You agree to indemnify and hold harmless ColdFusion Websites from any claims, losses, or damages arising from your use of our services or violation of these Terms.

12. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or our business.

13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, or government actions.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware.

15. Dispute Resolution and Arbitration

For disputes involving claims under $10,000, either party may elect binding arbitration through the American Arbitration Association (AAA) under their Commercial Rules. The arbitration shall be conducted in Delaware or remotely by mutual agreement. Each party bears their own costs unless the arbitrator awards fees to the prevailing party. Class actions and jury trials are waived for arbitrated disputes. This provision does not prevent either party from seeking injunctive relief in court for intellectual property or confidentiality matters.

16. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by email or through our website. Continued use of our services constitutes acceptance of modified Terms.

18. Entire Agreement

These Terms constitute the entire agreement between you and ColdFusion Websites regarding the use of our services, superseding any prior agreements.

19. Contact Information

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

• Through our contact form
• By email at support@dataprocessingllc.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.