Terms of Service

1.Who we are & eligibility

Davidian Software LLC is a limited liability company organized in the Commonwealth of Virginia, United States. To purchase or use our Services you must be at least 18 years old and able to enter into a binding contract. If you are using the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms.

2.The Services

We design, build, host, and maintain websites for businesses, and we may offer related software products (which may carry their own terms). The specific scope, deliverables, timeline, and pricing for any project are defined in your order, written quote, checkout page, or signed agreement. Anything not expressly included there is out of scope and may be quoted separately.

3.Orders, fees & payment

• Prices are those quoted to you or shown at checkout. Website projects typically involve a one-time setup/build fee plus a recurring monthly care plan (hosting, maintenance, and support).
• Authorization: by providing a payment method, you authorize us and our payment processor (Stripe) to charge the setup fee and the recurring monthly fee when due.
• Auto-renewal: care-plan subscriptions automatically renew each month until cancelled as described below.
• Fees are exclusive of any applicable taxes, which are your responsibility.
• Setup/build fees and deposits are non-refundable once work has begun.

4.Subscriptions, cancellation & suspension

• Care plans are month-to-month unless otherwise agreed. You may cancel at any time with 30 days’ notice by email.
• If a payment fails or is late, we may pause work and/or temporarily take your website offline until the balance is paid. Prolonged non-payment may result in suspension or cancellation of the Services and removal of the site.
• When a care plan ends, hosting stops and the website goes offline. You keep your domain name and the content you provided, and you may request an export of your site’s text and images.

5.Refunds & results

Setup/build fees are non-refundable once work has begun, and monthly fees are not pro-rated or refunded for partial months. We provide our Services with professional care, but we do not guarantee any specific business outcome — such as a particular amount of traffic, leads, sales, search-engine ranking, or revenue — and fees are not refundable on the basis of business results. If there is a genuine error in delivery or in the identity/details we published for you, contact us and we will work in good faith to correct it.

6.Intellectual property

We own, and retain all rights in, the software, source code, design templates, frameworks, tools, and systems we use or create to build and operate websites (the “Davidian Software Platform”), as well as the content, branding, and design of this Site. Purchasing the Services grants you a limited, non-exclusive, non-transferable license to use your website while your account is active and paid; it does not transfer ownership of the Davidian Software Platform or its source code to you. You may not copy, scrape, resell, reverse-engineer, or redistribute the Platform or this Site’s content. If you wish to own and self-host your specific website independently, we may offer a one-time buyout for a separately quoted fee.

7.Your content

You retain ownership of the text, images, logos, and other materials you provide (“Your Content”), and of your domain name. You grant us a license to use Your Content as needed to build, host, operate, and maintain your website. You represent that you own or have the rights to Your Content and that it does not violate any law or third party’s rights. Unless you ask us in writing not to, we may display your website and name you as a client in our portfolio and marketing.

8.Acceptable use

You agree not to use the Site or Services to: break any law; infringe intellectual-property or privacy rights; transmit malware or spam; attempt to gain unauthorized access to any system; scrape, overload, or disrupt the Services; or resell or sublicense the Services without our written permission.

9.Third-party services

The Services rely on third parties — including hosting and CDN providers (e.g., Cloudflare), payment processing (Stripe), domain registrars, font and analytics providers, and others. Your use of those services is subject to their terms, and we are not responsible for their acts, outages, or failures.

10.Disclaimers

The Site and Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, and we make no guarantee as to any business result.

11.Limitation of liability

To the fullest extent permitted by law, Davidian Software will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total aggregate liability arising out of or relating to the Services is limited to the amount you paid us for the Services in the three (3) months before the event giving rise to the claim.

12.Indemnification

You agree to defend, indemnify, and hold harmless Davidian Software from any third-party claim, loss, liability, or expense (including reasonable legal fees) arising from Your Content, your use of the Services, or your breach of these Terms or of any applicable law.

13.Privacy & data

We collect only what we need to operate. This Site itself does not collect personal information beyond standard server/CDN logs and privacy-friendly, cookieless analytics. Purchases are processed by Stripe; we do not see or store full payment-card numbers. For client projects, we use the materials you provide solely to deliver the Services. If we publish a separate Privacy Policy, it will be linked here and will govern personal-data handling.

14.Billing disputes & chargebacks

If you have a billing concern, please contact us first so we can resolve it. You agree not to initiate a chargeback or payment dispute without first giving us 10 business days to address the issue. A chargeback filed in bad faith for Services that were delivered is a breach of these Terms.

15.Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on this page with a new “Last updated” date. Your continued use of the Site or Services after changes take effect constitutes acceptance of the updated Terms.

16.Termination

We may suspend or terminate your access to the Site or Services at any time for breach of these Terms or for non-payment. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.

17.Governing law & disputes

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law rules. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Virginia for any dispute not subject to informal resolution.

18.Miscellaneous

These Terms (together with any order or signed agreement) are the entire agreement between you and Davidian Software regarding the Site and Services. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor or affiliate. Neither party is liable for delays caused by events beyond its reasonable control. You consent to receive communications from us electronically.