1. Acceptance of Terms
By accessing our website, using our Client Access Portal, or engaging our software development services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms, you may not use our services.
2. Services Provided
Fjoro Studios LLC specializes in the design, development, and maintenance of websites and software applications. We may provide you with access to a Client Access Portal (“Portal”) to view project progress, exchange files, or access proprietary software.
- Conflict with Statement of Work: If you have signed a specific Master Services Agreement (MSA) or Statement of Work (SOW) with Fjoro Studios LLC, the terms of that signed agreement shall take precedence over these Terms in the event of a conflict regarding project deliverables or payment schedules.
3. User Accounts and Security
To access certain features, including the Portal, you may be required to provide your First Name, Last Name, and Email Address.
- Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials. You accept full responsibility for all activities that occur under your account identity.
- Security Breaches: You are responsible for notifying us immediately if you suspect your account has been compromised so that we may freeze the account to prevent unauthorized access.
- Age Requirement: You must be at least 18 years old to use our Services or enter into a contract with Fjoro Studios LLC.
4. Payment Terms
- Third-Party Processing: We use Stripe, Inc. (“Stripe”) to process payments. We do not store your credit card information, bank account details, or CVV numbers on our servers.
- Authorization: By submitting payment information, you represent and warrant that you have the legal right to use the payment method.
- Binding Agreement: All transactions are subject to Stripe’s Services Agreement and Privacy Policy.
5. Data Collection and Cookies
- Limited Collection: We collect your Name and Email Address primarily for account identification, billing, communication, and project management.
- Cookies: We use cookies to improve user experience and analytics across all of our domains. By using our site, you consent to our use of cookies.
- Essential vs. Analytics: Some cookies are essential for the Portal to function (e.g., keeping you logged in). We also use third-party analytics (such as Google Analytics) to collect anonymous usage data. You may decline non-essential cookies via your browser settings, though this may affect site functionality.
6. Data Retention and User Rights
- Retention: We retain your personal information and project data only for as long as necessary to fulfill the purposes for which it was collected, or to satisfy legal, accounting, or reporting requirements.
- Project Files: Unless otherwise agreed in a separate Statement of Work, we reserve the right to delete project files and client data from our Portal one year after a project is completed or an account is terminated.
- User Rights: You may contact us to request a copy of your data, correct inaccuracies, or request deletion ("Right to be Forgotten"), subject to our obligation to retain financial records for tax purposes.
7. Intellectual Property
- Our IP: The Site, Portal, codebase, branding, and original content (excluding Content provided by you) are the exclusive property of Fjoro Studios LLC. Users are granted a limited license to view and interact with the site but obtain no ownership rights.
- Your IP (Client Content): You retain ownership of any text, images, or data you upload to the Portal. However, by uploading content, you grant Fjoro Studios LLC a non-exclusive, royalty-free license to use, store, and display said content solely for the purpose of providing Services to you.
8. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose.
- Attempt to decompile, reverse engineer, or "scrape" any software or data from the Site or Portal.
- Impersonate others or misuse Fjoro Studios branding.
- Upload viruses, malware, or malicious code.
9. Termination
We reserve the right to terminate or suspend your account and access to the Portal immediately, without prior notice, for any reason, including but not limited to non-payment or a violation of these Terms.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Fjoro Studios LLC makes no representations or warranties of any kind, express or implied, regarding the accuracy, availability, or fitness for a particular purpose of the Service. We do not guarantee that the software will meet specific client requirements or be error-free.
11. Limitation of Liability and Indemnification
- Limitation: To the maximum extent permitted by law, Fjoro Studios LLC shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data, resulting from your use of the Service.
- Indemnification: You agree to indemnify and hold Fjoro Studios LLC harmless from any claims, damages, or expenses (including attorney's fees) arising from your use of the services, your violation of these Terms, or your violation of any third-party rights.
12. Dispute Resolution (Mediation)
PLEASE READ THIS SECTION CAREFULLY.
- Mediation: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding mediation before resorting to litigation.
- Governing Law & Venue: These Terms shall be governed by the laws of the State of Wisconsin. Any legal procedures that proceed beyond mediation shall be brought exclusively in the state courts located in St. Croix County, Wisconsin.
13. Miscellaneous
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full effect.
- Entire Agreement: These Terms constitute the entire agreement between us regarding our Service.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Fjoro Studios LLC
Eau Claire, Wisconsin