Legal Document

Terms of Service

The terms governing our work together - written clearly so you know exactly where you stand.

Last updatedFebruary 2025·Effective1 February 2025·The Weeky · Sheridan, Wyoming, US

These Terms of Service govern your relationship with The Weeky when you use our website, engage our services or purchase our products. We've written them to be clear and fair - protecting both you and us. If you have any questions about anything in this document, please reach out to hello@theweeky.com before engaging our services.

Acceptance of Terms

By accessing our website at theweeky.com, engaging our services or purchasing any of our products (including IntelliDeliver™ and LaunchDay™), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy and any additional terms applicable to specific services.

If you do not agree to these Terms, please do not use our website or services. These Terms constitute a legally binding agreement between you and The Weeky.

We reserve the right to modify these Terms at any time. We will notify active clients of material changes via email. Continued use of our services after changes constitutes acceptance of the updated Terms.

Our Services

The Weeky provides the following categories of digital services:

Custom Development Services

Frontend development, backend development, mobile app development, WordPress development, Shopify development, custom software, API development, UI/UX design, data analytics and QA testing. These are delivered under individual project agreements or statements of work.

IntelliDeliver™

A subscription-based product delivering daily eCommerce intelligence reports via email. Subject to its own product terms detailed in your subscription agreement.

LaunchDay™

An AI-generated static website product delivered within one business day, including domain registration and hosting. Subject to its own product terms detailed at the point of purchase.

All services are subject to availability. We reserve the right to refuse service to any party at our sole discretion.

Project Engagements & Statements of Work

All custom development projects are governed by a separate Statement of Work (SOW) or project agreement signed by both parties. The SOW will specify the scope, deliverables, timeline, payment terms and any specific terms applicable to that engagement.

In the event of a conflict between these Terms of Service and a signed SOW or project agreement, the SOW or project agreement shall prevail for that specific engagement.

Scope changes

Any changes to the agreed scope must be submitted in writing and agreed upon by both parties before work begins. Scope changes may affect timeline and pricing. We will provide a written change order for approval.

Client responsibilities

You are responsible for providing accurate, complete and timely information, feedback and approvals required for us to deliver the project. Delays caused by late client feedback may affect delivery timelines and are not our responsibility.

Acceptance

Deliverables are considered accepted if you do not raise written objections within 7 business days of delivery, unless otherwise specified in the SOW.

Payment Terms

Payment terms are specified in your project agreement or product subscription. The following general terms apply:

Project deposits

Most custom projects require a deposit (typically 30–50% of the total project value) before work commences. The deposit is non-refundable once work has begun, unless we fail to deliver the agreed scope.

Milestone payments

Remaining payments are typically structured around project milestones as specified in the SOW. Work on subsequent milestones may be paused if outstanding payments are not received.

Subscriptions

IntelliDeliver™ and LaunchDay™ are billed annually. Subscriptions auto-renew unless cancelled at least 7 days before the renewal date. We will send a renewal reminder 30 days before your renewal date.

Late payments

Invoices not paid within the agreed payment terms may incur a late payment fee of 1.5% per month on the outstanding balance. We reserve the right to suspend services for accounts with overdue payments.

Currency

All prices are in US Dollars (USD) unless otherwise specified in writing. International clients are responsible for any bank transfer fees or currency conversion charges.

Intellectual Property

Intellectual property rights are handled as follows:

Client ownership upon full payment

Upon receipt of full and final payment for a project, all intellectual property rights in the custom deliverables created specifically for you (including code, designs and content) are transferred to you. This transfer includes the right to modify, distribute and use the deliverables commercially.

Our pre-existing IP

We retain all rights to our pre-existing tools, frameworks, libraries, methodologies, know-how and any proprietary systems we use to build your project. We grant you a perpetual, royalty-free licence to use these components as incorporated in your deliverables.

Third-party components

Your deliverables may include open-source software or third-party components licensed under their own terms. We will identify any material third-party components and their licences in the project handover documentation.

Portfolio rights

Unless you explicitly request otherwise in writing, we reserve the right to display your project (screenshots, URLs, general description) in our portfolio and marketing materials.

LaunchDay™ websites

Upon full payment, you own the website files and domain. The AI-generation system and related tools used to create your site remain the property of The Weeky.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of our engagement ("Confidential Information"). Confidential Information includes, but is not limited to, business strategies, technical systems, client lists, financial information and project specifications.

Neither party shall disclose the other's Confidential Information to any third party without prior written consent, except as required by law or to subcontractors bound by equivalent confidentiality obligations.

This obligation survives the termination of our engagement for a period of 3 years.

If a more detailed Non-Disclosure Agreement (NDA) is required, we are happy to sign one. Please request this before sharing any sensitive information.

Warranties & Representations

Our warranties: We warrant that our services will be performed with reasonable skill and care, in accordance with the agreed specification and that we have the right to grant the intellectual property licences described in these Terms.

Your warranties: You warrant that:

You have the right to use any content, data, materials or intellectual property you provide to us for inclusion in your project.

Your use of our deliverables will not violate any applicable laws, regulations or third-party rights.

The information you provide to us is accurate and complete to the best of your knowledge.

Disclaimer: To the maximum extent permitted by applicable law, we make no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, regarding our services or deliverables.

Limitation of Liability

To the maximum extent permitted by applicable law, The Weeky's total liability to you for any claims arising from or related to our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

In no event shall The Weeky be liable for:

Indirect, incidental, special, consequential or punitive damages

Loss of profits, revenue, data, business or goodwill

Damages arising from your use or inability to use our services

Damages arising from third-party services, APIs or platforms we integrate with on your behalf

Losses caused by circumstances beyond our reasonable control (force majeure)

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability is limited to the greatest extent permitted by law.

Termination

Either party may terminate a project engagement by providing written notice as specified in the applicable SOW or project agreement.

Termination by you

If you terminate a project, you are responsible for payment of all work completed to date, plus any non-cancellable third-party costs already incurred on your behalf. Deposits are non-refundable once work has commenced.

Termination by us

We may terminate an engagement if you materially breach these Terms, fail to pay outstanding invoices after 30 days notice or engage in conduct that makes continuation of the project unreasonable. In such cases, payment for work completed to date remains due.

Subscription cancellation

Subscriptions (IntelliDeliver™, LaunchDay™) may be cancelled at any time. Cancellations take effect at the end of the current billing period. See our Refund Policy for details on refunds.

Upon termination, we will provide you with all completed deliverables and assets created to date. Outstanding payments must be settled before final handover of all project files.

Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

We prefer to resolve disputes informally. If you have a concern, please contact us at hello@theweeky.com and we will make every effort to resolve it promptly and fairly.

If a dispute cannot be resolved informally, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), with proceedings conducted in Sheridan, Wyoming or remotely by mutual agreement.

You waive any right to participate in class action litigation or class-wide arbitration related to our services.

General Provisions

Entire agreement

These Terms, together with any signed project agreement or SOW, constitute the entire agreement between us regarding the subject matter hereof, superseding all prior agreements and understandings.

Severability

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

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor entity in connection with a merger or acquisition.

Notices

Legal notices must be sent to hello@theweeky.com or our registered address. Notices sent by email are effective upon confirmation of receipt.