TERMS OF SERVICE

AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you and McInery ("we," "us," or "our"), concerning your access to and use of the mcinery.com website and our app design and development services.

By accessing or using our website, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the website or use our services.

OUR SERVICES

McInery provides app design and development services, including but not limited to:

• →iOS and mobile application development
• →Web application development
• →UI/UX design
• →Product strategy and consulting

Specific terms for individual projects will be outlined in separate service agreements.

INTELLECTUAL PROPERTY

USER RESPONSIBILITIES

By using our website and services, you agree to:

• →Provide accurate and complete information when contacting us
• →Not use the website for any unlawful purpose
• →Not attempt to interfere with the proper functioning of the website
• →Respect our intellectual property rights

PAYMENT TERMS

Payment terms for projects will be outlined in individual service agreements. Generally:

• →A deposit is required before work begins
• →Milestone payments may be scheduled throughout the project
• →Final payment is due upon project completion
• →Late payments may incur additional charges

LIMITATION OF LIABILITY

To the fullest extent permitted by law, McInery shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the website or our services.

Our total liability for any claims arising from these terms or our services shall not exceed the amount you paid us for the specific services giving rise to the claim.

DISCLAIMER

The website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

CHANGES TO TERMS

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after any changes constitutes acceptance of the new terms.

CONFIDENTIALITY

During the course of our engagement, both parties may have access to confidential information belonging to the other party. Each party agrees to:

• →Keep all confidential information strictly confidential
• →Not disclose confidential information to third parties without prior written consent
• →Use confidential information only for the purpose of fulfilling obligations under our agreement
• →Return or destroy confidential information upon request or termination of the engagement

These confidentiality obligations shall survive the termination of any agreement between the parties.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless McInery and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• →Your use of our website or services
• →Your violation of these Terms of Service
• →Your violation of any third-party rights, including intellectual property rights
• →Any content or materials you provide to us for use in your project

TERMINATION & CANCELLATION

Either party may terminate a project engagement as specified in the individual project agreement. In general:

• →We may terminate for non-payment after reasonable notice
• →Either party may terminate for material breach that remains uncured for 14 days after written notice
• →Upon termination, you shall pay for all work completed up to the termination date
• →Deposits are generally non-refundable unless otherwise specified

Provisions that by their nature should survive termination shall survive, including intellectual property rights, confidentiality, limitation of liability, and indemnification.

FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

THIRD-PARTY LINKS

Our website may contain links to third-party websites or services that are not owned or controlled by McInery. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party websites or services.

SEVERABILITY

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.

ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy and any separate project agreements, constitute the entire agreement between you and McInery regarding the use of our website and services, superseding any prior agreements between you and us relating to such subject matter.

WAIVER

The failure of McInery to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by McInery.