Welcome to theOh.team. These Terms of Use ("Terms") govern your access to and use of our website, services, and applications. By accessing or using our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing and using theOh.team's website and services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.
2. Description of Services
theOh.team provides software development services, including but not limited to:
- Custom Shopify application development
- App extensions and integrations
- Maintenance and support services
- Technical consulting and strategy
- Security and compliance services
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
3. User Accounts and Registration
To access certain features of our services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
4. Acceptable Use
You agree not to use our services to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services
- Engage in any fraudulent or deceptive practices
- Harass, abuse, or harm other users
- Use our services for any illegal or unauthorized purpose
5. Intellectual Property Rights
5.1 Our Property
All content, features, and functionality on our website and in our services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of theOh.team and are protected by international copyright, trademark, and other intellectual property laws.
5.2 Client Property
Upon full payment for custom development services, you will own the intellectual property rights to the custom code and applications we develop specifically for you, subject to our retention of rights to any pre-existing materials, third-party components, and our general methodologies and know-how.
5.3 License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes, subject to these Terms.
6. Payment Terms
For paid services, you agree to:
- Pay all fees as specified in your service agreement
- Provide accurate billing information
- Pay invoices within the specified payment terms
- Be responsible for all taxes associated with your purchase
Late payments may result in suspension of services and may incur late fees. We reserve the right to change our fees with 30 days' notice.
7. Project Scope and Changes
Project scope, deliverables, and timelines will be defined in a separate Statement of Work (SOW) or project agreement. Any changes to the agreed scope may result in additional fees and timeline adjustments. Change requests must be submitted in writing and approved by both parties.
8. Warranties and Disclaimers
8.1 Service Warranty
We warrant that our services will be performed in a professional and workmanlike manner in accordance with industry standards. We will make reasonable efforts to correct any defects in our work at no additional charge within 90 days of delivery.
8.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, theOh.team SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless theOh.team and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your access to or use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you provide to us
11. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.
12. Term and Termination
These Terms remain in effect until terminated by either party. You may terminate your use of our services at any time. We may terminate or suspend your access immediately, without prior notice, for any breach of these Terms.
Upon termination:
- Your right to use our services will immediately cease
- You remain liable for all fees incurred prior to termination
- Provisions that by their nature should survive will survive termination
13. Third-Party Services
Our services may integrate with or rely on third-party services (e.g., Shopify, hosting providers, payment processors). We are not responsible for the availability, accuracy, or content of these third-party services. Your use of third-party services is subject to their respective terms and conditions.
14. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue other available remedies.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Vietnam.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and theOh.team regarding the use of our services and supersede all prior agreements and understandings.
19. Contact Information
If you have any questions about these Terms, please contact us:
- General Inquiries: [email protected]
- Legal Matters: [email protected]
- Website: theOh.team
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.