Terms of Service

1. Agreement

By accessing the website at pineforge.digital, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2. Services and Separate Agreements

These Terms of Service govern your use of the Pine Forge Digital LLC website. However, any custom web development, software engineering, or design services provided by Pine Forge Digital LLC will be governed by a separate, formal Master Service Agreement (MSA) or Statement of Work (SOW). In the event of a conflict between these website Terms of Service and a signed MSA, the signed MSA will take precedence.

3. Payment and Explicit Refund Policy

Due to the highly customized nature of software development, web design, and the immediate commitment of labor hours, Pine Forge Digital LLC maintains a strict no-refund policy.

• Deposits: All upfront deposits required to secure a place in our development queue or initiate a project are 100% non-refundable.
• Completed Work: No refunds will be issued for completed milestones, launched websites, or delivered code.
• Cancellations: If a client chooses to cancel a project prior to completion, Pine Forge Digital LLC retains all prior payments. Any unbilled labor hours completed up to the date of cancellation will be invoiced at our standard hourly rate and are due immediately.

By paying an invoice via our payment processor (Stripe), you acknowledge and agree to this no-refund policy and waive the right to file chargebacks for services rendered.

4. Intellectual Property and Indemnification

All materials produced by Pine Forge Digital LLC remain the intellectual property of Pine Forge Digital LLC until the final invoice is paid in full. Upon final payment, ownership of the final deliverables transfers to the client, subject to the terms of their specific project agreement.

Client Assets: You guarantee that any text, graphics, photos, designs, trademarks, or other artwork provided to Pine Forge Digital LLC for inclusion in a project are owned by you, or that you have explicit permission to use them. You agree to indemnify, defend, and hold Pine Forge Digital LLC harmless from any legal action, claim, or suit arising from the use of materials you provide.

5. ADA and Accessibility Disclaimer

While Pine Forge Digital LLC strives to use modern, semantic code standards, we do not guarantee that any website or software delivered will be 100% compliant with the Americans with Disabilities Act (ADA), the Web Content Accessibility Guidelines (WCAG), or any other accessibility laws. Ongoing compliance is the sole responsibility of the client. Pine Forge Digital LLC cannot be held liable for any legal action, fines, or damages resulting from accessibility issues on a client's website.

6. Disclaimer of Warranties

The materials on Pine Forge Digital LLC's website are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

7. Limitations of Liability

In no event shall Pine Forge Digital LLC, its members, or its partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our website or the custom software we deliver, even if Pine Forge Digital LLC has been notified orally or in writing of the possibility of such damage.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Wisconsin. You irrevocably submit to the exclusive jurisdiction of the courts located in Kenosha County, Wisconsin, for the resolution of any disputes.