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Terms of Service

Last updated: April 10, 2025

Welcome to H2A Digital LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website at www.h2adigital.com (the "Site") and any services we provide (collectively, the "Services").

By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

1. Acceptance of Terms

By accessing, browsing, or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and H2A Digital LLC.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms on this page with a new "Last updated" date. Your continued use of the Site after such changes constitutes your acceptance of the modified Terms.

2. Description of Services

H2A Digital LLC provides web and mobile application development and engineering services, including but not limited to:

  • Custom web application development using React, Next.js, and TypeScript
  • Mobile application development using React Native and Expo
  • Frontend engineering and user interface design
  • Technical consulting and architecture planning
  • Code review and optimization services

2.1 Website Services

Our Site provides:

  • Information about our company, services, and portfolio
  • A contact form for inquiries and service requests
  • Resources and content related to web and mobile development

2.2 Professional Services

Professional development services are provided under separate written agreements that supersede these general Terms. Each project engagement will be governed by a Statement of Work (SOW) or Service Agreement that outlines specific deliverables, timelines, and payment terms.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3.2 Business Use

Our Services are primarily intended for business and professional use. If you are using our Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3.3 Accurate Information

You agree to provide accurate, current, and complete information when contacting us or engaging our Services. You are responsible for maintaining the accuracy of this information.

4. Acceptable Use Policy

You agree to use our Site and Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

4.1 Prohibited Activities

  • Violate any applicable local, state, national, or international law or regulation
  • Infringe upon or violate our intellectual property rights or the rights of others
  • Transmit any material that is defamatory, obscene, abusive, offensive, or otherwise objectionable
  • Engage in any activity that could harm, disable, overburden, or impair our Site or Services
  • Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks
  • Use any robot, spider, scraper, or other automated means to access the Site without our express written permission
  • Introduce viruses, malware, or other harmful code to our Site
  • Interfere with or disrupt the integrity or performance of the Site or Services
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising the Site
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
  • Collect or harvest any personally identifiable information from the Site without consent
  • Use the Site or Services for any illegal, fraudulent, or malicious purpose

4.2 Enforcement

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation, removing content, suspending or terminating access, and reporting violations to law enforcement authorities.

5. Intellectual Property Rights

5.1 Our Content

All content, features, and functionality on our Site, including but not limited to text, graphics, logos, images, code, software, and design, are owned by H2A Digital LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Site or Services without our express written permission.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for personal or business purposes in accordance with these Terms. This license does not include any right to:

  • Resell or make commercial use of the Site or Services
  • Download or copy content for the benefit of another party
  • Use data mining, robots, or similar data gathering tools
  • Create derivative works based on our Site or content

5.3 User-Generated Content

If you submit feedback, suggestions, comments, or other materials to us ("User Content"), you grant H2A Digital LLC a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such User Content for any purpose, including improving our Services.

You represent and warrant that your User Content does not infringe the rights of any third party and that you have all necessary rights to grant us the license described above.

5.4 Client Work and Deliverables

For professional services engagements, intellectual property rights in deliverables will be addressed in the applicable Statement of Work or Service Agreement. Generally, upon full payment, we transfer ownership of custom work product to the client, while retaining rights to our pre-existing materials, tools, and methodologies.

6. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by H2A Digital LLC. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that we shall not be liable for any damage or loss caused by or in connection with your use of any third-party content, goods, or services.

We encourage you to review the terms and privacy policies of any third-party sites you visit.

7. Disclaimers and Limitations of Liability

7.1 "As Is" and "As Available" Basis

OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Site or Services will be uninterrupted, timely, secure, or error-free
  • The results obtained from the use of the Site or Services will be accurate or reliable
  • Any errors in the Site or Services will be corrected
  • The Site or Services will meet your requirements or expectations

7.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, H2A DIGITAL LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Site or Services
  • Any conduct or content of any third party on the Site
  • Any content obtained from the Site
  • Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

7.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless H2A Digital LLC and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Site or Services
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
  • Any User Content you submit or transmit through the Site

9. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Site or Services at any time, with or without notice, for any reason, including without limitation:

  • Breach of these Terms
  • Violation of applicable laws or regulations
  • Fraudulent, harassing, or abusive behavior
  • Request by law enforcement or government agencies
  • Unexpected technical issues or problems

Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.

10.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the federal or state courts located in Wyoming, and you hereby consent to the personal jurisdiction and venue of such courts.

10.3 Dispute Resolution

Before filing any legal action, you agree to first contact us at hello@h2adigital.com to attempt to resolve any dispute informally. We will work in good faith to resolve disputes amicably.

10.4 Waiver of Class Actions

YOU AND H2A DIGITAL LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any separate Service Agreement, constitute the entire agreement between you and H2A Digital LLC regarding the use of the Site and Services, and supersede all prior or contemporaneous communications and proposals.

11.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term or condition shall not be deemed a continuing waiver of such term or any other term.

11.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms or our rights hereunder without restriction.

11.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemics, government actions, or internet service provider failures.

11.6 Notices

Any notices or communications required or permitted under these Terms shall be sent to:

H2A Digital LLC Email: support@h2adigital.com

Notices to you may be sent to the email address you provide to us and will be deemed delivered when sent.

11.7 No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party.

12. Mobile Applications

If we develop and release mobile applications, additional terms may apply to the download, installation, and use of such applications. Such terms will be provided through the applicable app store or within the application itself.

Any mobile applications developed by H2A Digital LLC are subject to the terms and conditions of the applicable app store (e.g., Apple App Store, Google Play Store) in addition to these Terms.

13. DMCA Copyright Policy

We respect the intellectual property rights of others and expect users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Site, please notify us by contacting:

DMCA Agent H2A Digital LLC Email: support@h2adigital.com Subject Line: "DMCA Copyright Notice"

Your notice must include:

  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing
  • Your contact information (address, telephone number, email address)
  • A statement that you have a good faith belief that use of the material is not authorized
  • A statement that the information in the notification is accurate
  • Your physical or electronic signature

14. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us:

H2A Digital LLC Email: support@h2adigital.com Website: www.h2adigital.com

For legal inquiries, please include "Legal" or "Terms of Service" in the subject line of your email.

Effective Date: These Terms of Service are effective as of April 10, 2025.

Acknowledgment: By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.