The terms of using our services.

By accessing or using the GAIN AI website (gainai.dev) or any services provided by GAIN AI LLC (“Company,” “we,” “us,” or “our”), you (“User,” “Client,” or “you”) agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.

These terms apply to all visitors, users, and clients who access or use our website and services.

GAIN AI provides the following services:

• Website Design & Development: Custom website creation, templates, and landing pages
• Software Development: Custom software solutions, tools, and applications
• Web Applications: Full-stack web application development and deployment
• Consulting: Technical consulting and advisory services
• Maintenance & Support: Ongoing support for delivered projects

Service scope, deliverables, and pricing are determined on a per-project basis and may be subject to separate agreements.

We may refuse or terminate service if:

• You violate these Terms of Service
• Your project involves illegal, unethical, or harmful activities
• You engage in abusive, threatening, or harassing behavior
• You fail to provide required information or materials
• You fail to make timely payments
• Continuing service would pose a risk to our business or reputation
• At our sole discretion for any other reason

Refunds for terminated services will be handled according to Section 7 (Refund Policy).

By using our services, you agree to:

• Provide accurate, complete, and current information
• Maintain the confidentiality of any account credentials
• Ensure you have rights to all content, logos, and materials you provide
• Respond to communications and provide feedback in a timely manner
• Not use our services for any illegal or unauthorized purpose
• Not violate any laws in your jurisdiction
• Not infringe on any third-party intellectual property rights

We collect and process data necessary to provide our services. This may include:

• Contact Information: Name, email, phone number, company name
• Project Information: Business details, requirements, preferences
• Technical Data: IP address, browser type, device information
• Communication Records: Emails, messages, and correspondence

How We Use Your Data

• To provide and improve our services
• To communicate with you about your project
• To send administrative information and updates
• To respond to inquiries and support requests
• To comply with legal obligations

Data Sharing

We do not sell your personal data. We may share data with:

• Service Providers: Third-party tools necessary for service delivery (hosting, email, analytics)
• Legal Requirements: When required by law or to protect our rights

Third-Party Services

Our website and services may integrate with third-party platforms (Vercel, Google, payment processors, etc.). Your use of these services is subject to their respective privacy policies and terms.

For full detail, see our Privacy Policy.

• Payment terms are specified in individual project agreements
• Unless otherwise agreed, payment is due before work begins
• All prices are in USD unless otherwise specified
• Prices are subject to change without notice for future projects

Third-Party Payment Processors

Payments are processed through third-party payment processors (such as Stripe, PayPal, or similar services). By making a payment, you agree to the terms and conditions of the applicable payment processor.

• Before work begins: Full refund available upon request
• After work has commenced: Refunds are prorated based on work completed
• After delivery: No refunds for completed and delivered work
• Terminated projects: Refunds at our discretion based on circumstances

Refund requests must be submitted in writing to daylanmgreen@gmail.com.

Client Ownership

• Upon full payment, you own all custom code and content created specifically for your project
• You retain ownership of all materials you provide (logos, content, images)

GAIN AI Rights

• We retain ownership of pre-existing code, templates, frameworks, and tools
• We retain the right to use general techniques, knowledge, and skills gained during projects
• We may display completed work in our portfolio unless otherwise agreed in writing

Third-Party Components

Projects may include open-source software, libraries, or third-party components subject to their own licenses. You are responsible for compliance with applicable licenses.

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you to GAIN AI for the specific service giving rise to the claim.

We are not liable for:

• Any damages resulting from your use or inability to use our services
• Any errors, mistakes, or inaccuracies in content
• Any unauthorized access to or use of our servers or your data
• Any interruption or cessation of service
• Any bugs, viruses, or malicious code transmitted through our services
• Any loss or damage incurred as a result of third-party services or content
• Any business losses, including loss of revenue, profits, or anticipated savings

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF RESULTS

We do not warrant that our services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

You agree to defend, indemnify, and hold harmless GAIN AI and its owners, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of our 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
• Any claims by third parties related to your project or website

Our services may contain links to or integrate with third-party websites, services, or applications. We are not responsible for:

• The content, privacy policies, or practices of third-party services
• Any damage or loss caused by third-party services
• The availability or functionality of third-party services

Your use of third-party services is at your own risk and subject to their respective terms.

Websites and applications developed by GAIN AI may be hosted on third-party platforms (such as Vercel, AWS, or similar services). You acknowledge that:

• Hosting fees (if any) are paid directly to the hosting provider
• We are not responsible for hosting provider outages, data loss, or service changes
• You are responsible for compliance with hosting provider terms of service
• We may recommend hosting solutions but do not guarantee their performance

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of a project. This obligation survives the termination of any service agreement.

These Terms of Service shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Any disputes arising from these terms or our services shall be resolved through:

• Informal Resolution: Good-faith attempt to resolve disputes through direct communication
• Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration

You waive any right to participate in class action lawsuits or class-wide arbitration.

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

We will make reasonable efforts to notify users of significant changes via email or website notice.

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

These Terms of Service, together with any project-specific agreements, constitute the entire agreement between you and GAIN AI regarding our services and supersede all prior agreements and understandings.

For questions about these Terms of Service or our services:

• Email: daylanmgreen@gmail.com
• Website: gainai.dev