Domfly LLC – Terms of Service

Last updated: September 16, 2025

These Terms of Service ("Terms") govern your access to and use of all products and services provided by Domfly LLC ("Domfly," "we," "us," or "our"), including but not limited to custom website development, web application development, hosting, mobile-app development, and any related digital tools or deliverables (collectively, the "Services"). By creating an account, paying for, or otherwise using any of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Services.

1. Eligibility & Acceptance

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the entity you represent. By accessing or using the Services, you agree that you have read, understood, and accept these Terms and our Privacy Policy.

2. Services Covered

Domfly provides (as applicable):

Web Development:

  • Custom websites
  • E-commerce solutions
  • Content Management Systems (CMS)
  • API development
  • Progressive Web Apps (PWAs)
  • Web applications

Hosting & Maintenance:

  • Domain registration and management
  • Server hosting
  • SSL certificates and security
  • Backup services
  • Monitoring
  • Technical support

Mobile Apps:

  • Native iOS/macOS/Android development
  • Cross-platform applications
  • App Store and Play Store submission
  • Updates and maintenance

Any service-specific ownership or licensing terms will appear in your separate project agreement or Statement of Work.

3. Account Registration & Security

You agree to:

  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account details
  • Keep credentials secure and confidential
  • Notify us immediately of any unauthorized use
  • Be fully responsible for all activities that occur under your account

4. Acceptable Use Policy

You agree not to use the Services to:

  • Violate any law or regulation
  • Infringe third-party intellectual property or other rights
  • Distribute malware, viruses, or harmful code
  • Engage in spam, phishing, or abusive practices
  • Host or transmit illegal or harmful content
  • Attempt to gain unauthorized access to any system or data
  • Interfere with or disrupt networks, servers, or other users
  • Resell or sublicense Services without our written consent

We may suspend or terminate accounts that violate this policy.

5. Payment Terms

5.1 Subscriptions

  • Subscription fees are billed in advance monthly or annually
  • All fees are non-refundable except where required by law
  • You authorize Domfly to auto-charge your chosen payment method for each billing cycle
  • We will provide at least 30 days' notice of any price change

5.2 Custom Development Projects

From time to time, you may request one-off or project-based development work (for example, a custom plugin, integration, or feature build) through the Domfly platform.

Such projects are normally governed by a separate written Statement of Work (SOW) or order form that sets out the scope, timeline, deliverables, fees, and any special terms.

If no separate SOW or written agreement is signed for a requested project, that project automatically falls under—and is governed by—these Terms of Service.

Unless expressly stated otherwise in an SOW:

  • All underlying Domfly Tools, reusable code, frameworks, and libraries remain Domfly's exclusive property;
  • The client receives only a non-exclusive license to use the deliverables as integrated into their website or application;
  • Ongoing support, maintenance, or future updates are not included and will be billed separately at Domfly's then-current rates;
  • Domfly's Disclaimers and Limitation of Liability in this ToS apply in full to such work.

6. Intellectual Property

6.1 Your Content

You retain all rights to the content you supply. You grant Domfly a limited license to use that content solely to deliver the Services.

6.2 Domfly Property

All Domfly technology, code libraries, server configurations, scripts, internal processes, automation tools, frameworks, designs, documentation, and know-how ("Domfly Tools") remain the exclusive property of Domfly. You receive only a limited, revocable, non-exclusive license to use Domfly Tools as integrated into your deliverables.

7. Service Availability

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee uninterrupted uptime, error-free operation, or that Services will meet your particular requirements. We may perform scheduled or emergency maintenance without liability.

8. Data Backup & Recovery

Backups performed by Domfly are a convenience only. You are solely responsible for maintaining your own independent backups of all data and content. Domfly is not liable for any data loss except to the extent required by law.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMFLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY — INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UPTIME, SECURITY, AND ERROR-FREE OPERATION.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOMFLY LLC, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND — INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES — EVEN IF DOMFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DOMFLY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE TOTAL FEES YOU PAID TO DOMFLY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Domfly LLC and its officers, employees, and contractors from and against any and all claims, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your content, code, data, or instructions
  • Your use or misuse of the Services
  • Your violation of these Terms or any applicable law

Domfly has no indemnification obligations to you.

12. Third-Party Services & Plugins

The Services may rely on or integrate with third-party APIs, plugins, hosting providers, or other software. Domfly has no control over and disclaims all liability for any third-party services, their security, uptime, performance, or updates. All risk arising from the use of such third-party services rests solely with you.

13. Termination

  • You may cancel your account at any time through your account settings
  • Domfly may suspend or terminate your account for any violation of these Terms or for non-payment
  • Upon termination, your right to use the Services ceases immediately
  • We may retain certain information as required by law
  • Fees already paid are non-refundable

14. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated by email or in-app notice. Continued use of the Services after changes constitutes your acceptance of the revised Terms.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Any dispute shall be resolved exclusively in the state or federal courts located in Delaware, unless applicable law requires binding arbitration.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreement or SOW you enter with Domfly, constitute the entire agreement between you and Domfly regarding the Services and supersede any prior understandings not expressly incorporated herein.

18. Contact Information

For questions about these Terms of Service, please contact us:

Domfly LLC

Support: luke@domfly.com

Website: www.domfly.com

By using Domfly's Services you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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