Terms of Service
Last Updated: January 1, 2025
1. Agreement to Terms
By accessing our website at digitaltoys.xyz or engaging our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.
2. Services Description
Digital Toys LLC provides custom software development services, including but not limited to:
- iOS application development
- macOS application development
- Web application development
- Software consulting and technical advisory
- Ongoing maintenance and support services
3. Engagement Process
When you engage Digital Toys LLC for software development services:
- We will provide a detailed proposal outlining scope, timeline, and cost
- A separate written agreement will govern the specific terms of each project
- Payment terms and milestones will be specified in the project agreement
- You retain ownership of your proprietary business information and content
- We retain ownership of our proprietary tools, frameworks, and methodologies
4. Intellectual Property
4.1 Client-Owned Property
Upon full payment, you will own the custom code and deliverables specifically created for your project, as specified in the project agreement.
4.2 Digital Toys LLC Property
Digital Toys LLC retains ownership of:
- Pre-existing code, frameworks, and tools
- Generalized knowledge and techniques
- Reusable components not specific to your project
4.3 Third-Party Components
Projects may incorporate third-party libraries and frameworks subject to their respective licenses.
5. Confidentiality
We respect the confidential nature of your business information. We will not disclose your confidential information to third parties without your consent, except as required by law or necessary to provide our services. Upon request, we are happy to execute a mutual non-disclosure agreement.
6. Warranties and Disclaimers
6.1 Our Commitment
We commit to providing professional software development services with reasonable skill and care. We will make reasonable efforts to deliver bug-free code that meets agreed-upon specifications.
6.2 Disclaimer
While we strive for perfection, software development is complex. Except as specified in project agreements, our services are provided "as is" without warranties of any kind, express or implied. We do not warrant that our services will be uninterrupted, error-free, or meet all your requirements.
7. Limitation of Liability
To the maximum extent permitted by law, Digital Toys LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or business opportunities. Our total liability for any claims arising from our services shall not exceed the amount paid by you for the specific services giving rise to the claim.
8. Client Responsibilities
You agree to:
- Provide timely feedback and necessary information
- Ensure you have rights to all content you provide
- Make timely payments as specified in project agreements
- Comply with applicable laws and third-party license terms
- Not use our services for illegal or harmful purposes
9. Payment Terms
Payment terms will be specified in individual project agreements. Generally, we require a deposit before beginning work and progress payments at agreed milestones. Final deliverables are provided upon receipt of final payment. Late payments may incur interest charges and suspension of services.
10. Project Changes
Changes to project scope, specifications, or requirements may affect timeline and cost. We will provide estimates for any requested changes before proceeding. Significant changes may require an amended agreement.
11. Termination
Either party may terminate a project engagement as specified in the project agreement. Generally:
- You may terminate with written notice and payment for work completed
- We may terminate if you breach payment or other material terms
- Both parties may terminate by mutual agreement
- Upon termination, you receive all work completed and paid for
12. Website Use
When using our website, you agree not to:
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the website's operation
- Use automated systems to access the website without permission
- Transmit malicious code or harmful materials
- Violate any applicable laws or regulations
13. Dispute Resolution
Any disputes arising from these terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or in courts of competent jurisdiction as specified in individual project agreements.
14. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Digital Toys LLC is registered, without regard to its conflict of law provisions.
15. Changes to Terms
We reserve the right to modify these terms at any time. We will notify users of any material changes by updating the "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified terms.
16. Severability
If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.
17. Contact Information
For questions about these Terms of Service, please contact us: