Terms of Service
Last updated: January 2025
These Terms of Service ("Terms") govern your access to and use of websites, software, services, and SaaS products provided by Dayne Solutions LLC ("Dayne", "we", "us", or "our"), a Florida limited liability company located at 1181 W 37th St, Hialeah, FL 33012. By accessing our services, signing a Statement of Work, or purchasing a subscription you agree to these Terms.
1. Services
Dayne provides custom software development (web applications, mobile applications, and AI-powered software), maintenance plans, and access to proprietary SaaS products. The specific scope, deliverables, timelines, and fees for custom engagements are defined in a signed Statement of Work ("SOW"). SaaS products are governed by the plan you select at checkout.
2. Fees, Payment & Taxes
- One-time projects: billed per the SOW. A non-refundable deposit of 50% is due before work begins; the balance is due on delivery.
- Subscriptions & retainers: billed monthly in advance via Stripe and renew automatically until cancelled.
- All fees are stated in USD and are exclusive of applicable sales tax, which will be added where required by law.
- Late payments accrue interest at 1.5% per month or the maximum allowed by Florida law, whichever is lower.
3. Cancellation
Subscriptions may be cancelled at any time from your account or by emailing orlando@daynesolutions.com. Cancellations take effect at the end of the current billing cycle; no prorated refunds are issued for partial months. See our Refund Policy for one-time projects.
4. Client Responsibilities
- Provide timely feedback, content, credentials, and approvals.
- Ensure you own or have rights to all materials you supply to us.
- Use our services only for lawful purposes and in compliance with these Terms.
5. Intellectual Property
Upon full payment, the client receives ownership of the custom source code and design deliverables specified in the SOW. Dayne retains ownership of pre-existing tools, libraries, frameworks, and any internal know-how used to deliver the work, and grants the client a perpetual, royalty-free license to use them as embedded in the deliverables. Our SaaS products and their underlying code remain the exclusive property of Dayne.
6. Acceptable Use
You agree not to:
- Use our services to violate any law or third-party rights.
- Upload malware, scrape, reverse engineer, or attempt to gain unauthorized access to our systems.
- Resell or sublicense our SaaS products without written permission.
7. Warranties & Disclaimers
We warrant that custom deliverables will substantially conform to the SOW for thirty (30) days following delivery. EXCEPT AS EXPRESSLY STATED, ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAYNE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DAYNE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
9. Indemnification
You agree to indemnify and hold Dayne harmless from any claims, damages, or expenses arising from your misuse of the services, your content, or your violation of these Terms or applicable law.
10. Governing Law & Disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Any dispute will be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction there.
11. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated by email or through our website at least fifteen (15) days before they take effect.
12. Contact
Questions? Reach us at orlando@daynesolutions.com or write to Dayne Solutions LLC, 1181 W 37th St, Hialeah, FL 33012.
