By accessing or using the services provided by Launch Information Technologies, LLC ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
Eligibility: You must be at least 18 years old to use our services. If you are accessing our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Authority to Bind: If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these Terms.
Launch Information Technologies provides the following services:
- Website Development and Design: Custom website creation, maintenance, and hosting
- AI Automation Solutions: Locally-deployed AI systems for small and medium businesses
- Docker Application Deployment: Containerized application setup and management
- Client Portal: Project management and collaboration platform
- Consulting Services: Technical consultation and strategic planning
Specific service deliverables, timelines, and requirements are defined in individual Master Service Agreements (MSA) and Statements of Work (SOW).
Account Information
To access certain features of our services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
Password Requirements
Passwords must meet our security requirements, including minimum length and complexity standards. You are responsible for maintaining the confidentiality of your credentials.
Unauthorized Access
You must notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.
Permitted Uses
The client portal is provided for legitimate business purposes related to your project engagement:
- Viewing project status and updates
- Uploading brand assets and project materials
- Communicating with our team
- Reviewing and approving deliverables
- Managing account settings
Prohibited Activities
You agree not to:
- Use the portal for any unlawful purpose
- Attempt to gain unauthorized access to any portion of the portal
- Upload malicious code, viruses, or harmful content
- Interfere with or disrupt the portal or servers
- Scrape, harvest, or collect information without authorization
- Impersonate another person or entity
- Share your account credentials with unauthorized parties
File Upload Restrictions
When uploading files to the portal:
- Maximum file size: 50MB per file
- Accepted formats: Images (PNG, JPG, SVG, WebP), Documents (PDF, DOCX), Media (MP4, MP3)
- Storage limit: 2GB per project
Files must not contain malware, illegal content, or material that infringes on third-party rights.
Project Initiation
Projects are initiated through the client portal following execution of applicable agreements. The project onboarding process includes:
- Discovery call and requirements gathering
- Brand asset collection
- Technical specification review
- Timeline and milestone agreement
Client Responsibilities
You agree to:
- Provide complete and accurate project requirements
- Submit requested materials within agreed timelines
- Respond to requests for feedback within 5 business days
- Provide necessary access to existing systems when required
- Designate authorized points of contact
Feedback and Approval
Deliverables require your review and approval. Failure to provide feedback within the specified timeframe may result in project delays. Final approval constitutes acceptance of deliverables.
Payment Terms
Fees and payment terms are specified in your project contract (MSA and SOW). General terms include:
- Payment is due as specified in the applicable agreement
- All fees are in US dollars unless otherwise specified
- Taxes are additional unless explicitly included
Late Payment
Late payments may result in:
- Interest charges at 1.5% per month on overdue amounts
- Suspension of services until payment is received
- Recovery of collection costs and legal fees
Refund Policy
Refund eligibility is determined by the specific terms in your project agreement. Generally, deposits are non-refundable once work has commenced. Partial refunds may be available for work not yet completed, at our discretion.
A. Client Materials
You retain all ownership rights to materials you provide, including logos, brand assets, content, and proprietary information. By providing materials, you grant us a limited, non-exclusive license to use such materials solely for the purpose of delivering the contracted services.
B. Launch IT Materials
We retain ownership of:
- Proprietary tools, frameworks, and code libraries
- Development methodologies and processes
- Pre-existing intellectual property
- General knowledge and skills developed during the engagement
Upon full payment, we grant you a perpetual, non-exclusive license to use the deliverables for your business purposes as specified in your project agreement.
C. Third-Party Materials
Third-party components (open-source libraries, stock images, fonts) are subject to their respective license terms. We will identify third-party materials used in your deliverables.
Definition
"Confidential Information" means any non-public information disclosed by either party, including business plans, technical data, customer information, and trade secrets.
Obligations
Both parties agree to:
- Protect confidential information with reasonable care
- Use confidential information only for purposes related to the engagement
- Limit disclosure to employees and contractors with a need to know
- Not disclose confidential information to third parties without consent
Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available through no fault of the receiving party
- Was known to the receiving party before disclosure
- Is independently developed without use of confidential information
- Is disclosed pursuant to legal requirement (with notice when permitted)
Survival
Confidentiality obligations survive termination of these Terms for a period of three (3) years.
Our Warranties
We warrant that:
- Services will be performed in a professional and workmanlike manner
- Deliverables will substantially conform to agreed specifications
- We have the right to provide the services and grant the licenses described herein
Disclaimers
Important:
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- We do not warrant uninterrupted or error-free service
- We do not warrant that defects will be corrected
- You are responsible for maintaining backups of your uploaded materials
- Results depend on your implementation and use of deliverables
CAP ON DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Launch Information Technologies, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Materials you provide that infringe intellectual property rights
- Your failure to comply with applicable laws
We will provide you with prompt notice of any claim and reasonable cooperation in the defense. You may not settle any claim without our prior written consent.
Term
These Terms remain in effect until terminated by either party or until completion of all contracted services.
Termination for Convenience
Either party may terminate these Terms with thirty (30) days written notice. Termination does not relieve you of payment obligations for services already rendered.
Termination for Cause
Either party may terminate immediately if the other party:
- Materially breaches these Terms and fails to cure within fifteen (15) days of notice
- Becomes insolvent or files for bankruptcy
- Engages in fraudulent or illegal activity
Effect of Termination
Upon termination:
- Your access to the client portal will be deactivated
- You must pay all outstanding fees within thirty (30) days
- Licenses granted herein for completed deliverables survive termination
- Confidentiality obligations survive as specified in Section 8
Data Retrieval
You may request export of your data within thirty (30) days of termination. After this period, we may delete your data in accordance with our data retention policy.
Informal Resolution
Before initiating formal dispute resolution, the parties agree to attempt to resolve disputes informally by contacting each other in writing and engaging in good-faith negotiations for a period of thirty (30) days.
Mediation
If informal resolution is unsuccessful, disputes shall be submitted to mediation administered by a mutually agreed mediator in Madison County, Alabama, before either party may initiate binding arbitration or litigation.
Binding Arbitration
Any dispute not resolved through mediation shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Madison County, Alabama.
Small Claims Exception
Either party may bring qualifying claims in small claims court in Madison County, Alabama.
Class Action Waiver
YOU AND LAUNCH IT 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 ACTION.
These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law principles.
Venue: Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Madison County, Alabama, and the parties consent to the personal jurisdiction of such courts.
Federal Law: To the extent any federal laws apply, such laws shall govern the relevant aspects of these Terms.
Entire Agreement
These Terms, together with any applicable MSA and SOW, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger or acquisition.
Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, or service provider outages.
Notices
All notices shall be in writing and delivered to the addresses specified in the applicable agreement, or by email to the registered account email.
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on our website
- Updating the "Last Updated" date
- Sending notification via email or the client portal for significant changes
Your continued use of our services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of our services.
If you have questions about these Terms of Service, please contact us:
Launch Information Technologies
200 West Side Square
Huntsville, Alabama 35801, USA
Legal Inquiries: [email protected]
General Support: [email protected]
Phone: (256) 929-7192