Company: BCKPCKR
Website: BCKPCKR.com
Contact: Hi@BCKPCKR.com

These Terms of Use ("Terms") govern your access to and use of our websites, applications, software products, and services (collectively, the "Services"). By using the Services, you agree to these Terms.

If you do not agree, do not use the Services.

1. Who We Are

We build and operate websites, mobile applications, software products, and related services. Some Services may be provided as subscription software ("SaaS"), one-time purchases, or professional services (such as custom development).

2. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you confirm you have the legal capacity to enter into these Terms.

3. Accounts and Security

Some Services require an account. You agree to:

Provide accurate information
Keep your login credentials secure
Notify us immediately if you suspect unauthorized access

You are responsible for all activity under your account.

4. Acceptable Use

You agree not to use the Services to:

Violate any law or regulation
Infringe intellectual property rights
Distribute malware, spyware, or harmful code
Attempt to gain unauthorized access to systems or accounts
Scrape, reverse engineer, or disrupt the Services
Send spam or abusive communications
Use the Services to exploit or harm others

We may suspend or terminate access if we believe you violated these Terms.

5. Our Products and Services

We may offer:

Software products (including web and mobile apps)
Hosting or managed services
Custom development services
Consulting, maintenance, or support plans

Specific services may have additional terms, statements of work ("SOWs"), order forms, or service descriptions. If there is a conflict, the SOW/order form controls for that service.

6. Fees, Billing, and No Refunds

6.1 Fees

You agree to pay all fees associated with your plan, purchase, or project. Prices may change at any time, but changes will not apply retroactively.

6.2 Subscriptions

If you purchase a subscription, you authorize us (or our payment processor) to charge your payment method on a recurring basis until you cancel.

6.3 Taxes

You are responsible for applicable taxes, duties, or similar government charges unless we are required by law to collect them.

6.4 No Refunds (Important)

All payments are final and non-refundable, including but not limited to:

Subscription fees
One-time purchases
Setup fees
Custom development work
Deposits
Partial months or unused time

We do not provide refunds or credits for unused service, early cancellation, mistaken purchases, or lack of usage.

Exception: If required by law, we will provide refunds as required.

7. Cancellation

You may cancel subscriptions at any time through your account settings or by contacting support.

Cancellation stops future billing but does not refund past charges. Access may remain active until the end of the current billing period unless otherwise stated.

8. Intellectual Property

8.1 Our IP

We own all rights to the Services, including software, design, code, branding, and content, except where stated otherwise.

You may not copy, modify, distribute, sell, lease, or create derivative works from our Services unless we give written permission.

8.2 Your Content

If you upload or submit content (text, images, files, data, etc.) ("User Content"), you retain ownership of it.

You grant us a limited license to host, process, display, and use User Content only as necessary to provide the Services.

You represent that you have the rights to submit the User Content.

9. Custom Development and Client Work

If we build a website or app for you under a project agreement:

Deliverables, timelines, scope, and payment terms will be defined in a separate SOW or contract
You are responsible for providing required assets and approvals on time
Delays caused by you may shift timelines

Unless otherwise agreed in writing:

We retain ownership of our pre-existing code, libraries, templates, tools, and internal frameworks
You receive a license to use the final deliverables for your business purposes once paid in full

10. Third-Party Services

The Services may integrate with third-party tools (example: Stripe, Google, Apple, AWS, analytics tools).

We are not responsible for third-party services, their downtime, pricing, or actions. Your use of third-party services is subject to their terms.

11. Service Availability and Changes

We may modify, suspend, or discontinue any part of the Services at any time, including features or pricing.

We do not guarantee that the Services will be uninterrupted, error-free, or always available.

12. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available."

We disclaim all warranties, express or implied, including:

Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability of results
That the Services will meet your requirements

13. Limitation of Liability

To the maximum extent permitted by law:

We will not be liable for indirect, incidental, special, consequential, or punitive damages
We will not be liable for lost profits, lost data, business interruption, or substitute services
Our total liability for any claim related to the Services will not exceed the amount you paid to us in the 3 months before the event giving rise to the claim (or $100 if you paid nothing)

Some jurisdictions do not allow certain limitations, so some may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its owners, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

Your use of the Services
Your User Content
Your violation of these Terms
Your violation of laws or third-party rights

15. Termination

We may suspend or terminate your access to the Services at any time if:

You violate these Terms
Your use creates risk or legal exposure
Required by law or security reasons

Upon termination, your right to use the Services stops immediately. Sections that should survive termination will survive (including IP, disclaimers, limitation of liability, indemnification).

16. Privacy

Your use of the Services is also governed by our Privacy Policy.

17. Disputes, Arbitration, and Class Action Waiver

Any dispute arising out of or related to these Terms or the Services will be resolved by binding arbitration, not in court, except that either party may bring claims in small claims court if eligible.

You agree disputes will be brought only in an individual capacity and not as part of a class action.

18. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law rules.

19. Changes to These Terms

We may update these Terms from time to time. If changes are material, we may notify you by posting an update on our website or through the Services.

Continued use of the Services after changes means you accept the updated Terms.

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