SERVICE // AGREEMENT

TERMS &
CONDITIONS

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This Terms of Use Agreement ('Agreement') is a binding legal contract between ASH CAPITAL ('ASH CAPITAL'), a limited liability company established under Florida law, and you, the client ('Client'), whether acting personally or as a representative of an entity. This Agreement governs your access and use of ASH CAPITAL's website located at https ('Website'), as well as any other related platforms, mobile websites, and mobile applications.

Failure to comply with the terms, conditions, and obligations outlined in this Agreement will result in immediate termination of your access to the Website. In such a case, all interactions between you and ASH CAPITAL will cease, except for any remaining obligations on your part to pay for services already rendered by ASH CAPITAL.

01_INTELLECTUAL PROPERTY RIGHTS

Unless stated otherwise, all elements of the Website, including but not limited to source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics ('Content'), as well as any trademarks, service marks, and logos ('Marks'), are owned and controlled by ASH CAPITAL. These assets are protected under U.S. copyright and trademark laws, as well as applicable laws in foreign jurisdictions and international conventions.

The Content and Marks are provided on an 'As-Is' basis for your personal use and informational purposes only. Unless explicitly stated in this Agreement, you are not permitted to copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or exploit any part of the Website or Content for commercial purposes. All rights not expressly granted are reserved by ASH CAPITAL.

02_OWNERSHIP OF MATERIAL

Not withstanding the terms outlined in Section 03 ('Client Feedback & Submissions'), which discuss ASH CAPITAL's ownership of Submissions, all designs, software, source code, databases, functionality, and original source files created on behalf of the Client ('Projects') shall be the exclusive property of the Client. Consequently, the Client shall hold the sole copyright for all Projects. Should any legal provision inadvertently assign ownership of a Project, in whole or in part, to ASH CAPITAL instead of the Client, ASH CAPITAL hereby irrevocably and perpetually transfers all such rights to the Client without limitation.

The Client warrants that all materials submitted to ASH CAPITAL—either as examples or as elements to be incorporated into a Project—are owned by the Client and do not violate or infringe upon any third-party rights, including but not limited to intellectual property rights and rights of publicity. Unless otherwise specified in Section 04 of this document, ASH CAPITAL reserves the right to publicly showcase any of the Client's design and development work (e.g., on social media, websites, etc.).

03_USER PRESENTATIONS

By accessing or using the Website, the Client makes the following representations and warranties:

  1. The Client has the legal capacity to enter into and comply with these Terms of Use.
  2. The Client is not a minor in the jurisdiction in which they reside.
  3. The Client will not access the Website using automated or non-human means.
  4. The Client will not use the Website for any purpose that is illegal or unauthorized.
  5. The Client's use of the Website will be in compliance with all applicable laws and regulations.

04_REFUNDS AND RETURNS

ASH CAPITAL retains the sole discretion to grant or deny refund requests without any obligation to provide notice or justification to the Client. Each refund request will be evaluated on a case-by-case basis. If the Client requests a refund within the first month of service, any materials produced by ASH CAPITAL will remain the company's property and are prohibited from being used by the Client.

Should a refund be approved, a fee amounting to 50% of the remaining billable period will be applied.

ASH CAPITAL reserves the right to pursue legal remedies for any breach of this provision by the Client.

05_PRIVACY POLICY

By accessing or using the Website, the Client agrees to comply with and be bound by ASH CAPITAL's Privacy Policy, which is hereby incorporated into these Terms of Use. The Website is hosted in the United States. If the Client accesses the Website from outside the United States, such as from the EU or Asia, different laws regarding data collection and usage may apply. The Client's continued use of the Website and transfer of data to the United States indicate explicit consent to the processing of such data in accordance with U.S. laws.

ASH CAPITAL does not intentionally collect or solicit information from individuals under 18 years of age. In compliance with the United States' Children's Online Privacy Protection Act (COPPA), any information received from individuals known to be under the age of 13 will be deleted as promptly as is reasonably possible.