Terms andConditions for 75land
Welcome to 75land. These Terms and Conditions ("Terms") govern your access to and use of the 75land website, software, and services (collectively, the "Services"). These Terms apply to all visitors, users, and others who access or use the Service, whether as a business (B2B) or a consumer (B2C).
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, you may not access the Service.
1. Definitions
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"Company," "we," "us," or "our" refers to 75land.
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"Client," "you," or "your" refers to the individual, company, or organization accessing or using our Services.
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"SaaS" means Software as a Service.
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"Project" means a specific engagement for custom software development, consulting, or other services as defined in a separate Statement of Work (SOW).
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"Statement of Work" (SOW) means a formal document that outlines the specific scope, deliverables, timeline, and fees for a Project.
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"Content" means any information, text, graphics, or other materials generated, provided, or otherwise made accessible on or through the Services.
2. Services
2.1. SaaS Products (B2C & B2B)
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License: Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our SaaS products for your internal business (B2B) or personal (B2C) use.
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Restrictions: You agree not to (and not to allow any third party to):
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Reverse engineer, decompile, or otherwise attempt to discover the source code of our SaaS products.
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Modify, adapt, or create derivative works from the Services.
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Resell, lease, or sublicense the Services to any third party.
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Use the Services to store or transmit infringing, libelous, or otherwise unlawful material.
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Use the Services to store or transmit malicious code (viruses, worms, etc.).
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2.2. Custom Software Services (B2B)
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Statement of Work (SOW): All custom development, consulting, and research services will be governed by a separate, written SOW signed by both parties. This SOW will detail the project scope, deliverables, payment milestones, and timelines.
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Conflict: If there is a conflict between these Terms and a SOW, the terms of the SOW will take precedence for that specific Project.
3. Account Registration
To access certain Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are responsible for safeguarding your password and for all activities that occur under your account.
4. Fees and Payment
4.1. SaaS Subscriptions
SaaS products are billed in advance on a recurring basis (e.g., monthly or annually). All payments are non-refundable unless otherwise specified.
4.2. Custom Project Payments
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Milestones: Fees for custom Projects will be detailed in the SOW, often based on advance payments and specific project milestones.
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Invoices: All invoices are due within 10 days of receipt.
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Late Payments: Overdue invoices may be subject to a late fee of 5% per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower.
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Expenses: The Client agrees to reimburse the Company for all reasonable pre-approved out-of-pocket expenses (e.g., domain registration, hosting fees, third-party software licenses) incurred in connection with the Project.
5. Intellectual Property (IP)
This is a critical section. Choose the option that best fits your business model.
[Option 1: Client Owns the Final Custom Code]
5.1. Custom Software: Upon receipt of full and final payment for a custom Project, the Company hereby grants and assigns to the Client all of its right, title, and interest in and to the custom-developed software (the "Deliverables") created specifically for the Client as part of that Project.
5.2. Pre-Existing IP: The Company retains all rights, title, and interest in and to any pre-existing code, libraries, frameworks, or other intellectual property owned by the Company and used to create the Deliverables ("Company IP"). The Company grants the Client a perpetual, non-exclusive, royalty-free license to use any Company IP that is incorporated into the Deliverables, solely for the purpose of operating the Deliverables.
[Option 2: Company (75land) Owns the Code and Licenses it to Client]
5.1. Ownership: The Company (75land) retains all right, title, and interest in and to all software, code, and deliverables created during any custom Project, including all underlying frameworks, libraries, and know-how ("Company IP").
5.2. License to Client: Upon receipt of full and final payment for a Project, the Company grants the Client a perpetual, non-exclusive, royalty-free, worldwide license to use, operate, and modify the software deliverables for its own internal business operations. The Client may not resell, sublicense, or otherwise distribute the software to any third party.
6. Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share your personal information. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy, which is hereby incorporated by reference into these Terms.
This is a legal requirement. You must have a separate Privacy Policy posted on your site, especially to comply with laws like the CCPA (California Consumer Privacy Act).
7. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
75LAND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 75LAND, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE TOTAL FEES PAID BY YOU TO 75LAND FOR THE SERVICES IN THE 1 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Termination
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Termination by You: You may terminate your account or SaaS subscription at any time, subject to the payment terms of your plan or SOW.
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Termination by Us: We may suspend or terminate your access to the Services at any time, without prior notice or liability, for any reason, including if you breach these Terms.
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Effect of Termination: Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of GA, United States, without regard to its conflict of law provisions.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Perfect. Here is the complete, updated "Contact Us" section with your email address included.
12. Contact Us
If you have any questions about these Terms, please contact us at:
support@75land.com
75land
8735 DUNWOODY PL
STE 10246
ATLANTA, GA 30350