Daveworks Inc. Terms of Service

PLEASE READ THIS MATERIAL CAREFULLY BEFORE USING THIS SITE

1. Terms of Usage

The materials on this Daveworks Inc. website (“Site”) are provided by Daveworks Inc. as a service to its customers and may be used for informational purposes only. By utilizing this Site or engaging Daveworks Inc. for services, you agree to all the provisions, terms, and conditions set out here. If you do not agree, do not use the Site or the services provided by Daveworks Inc.

2. Trademark and Ownership

“Daveworks Inc.” is a registered trademark. All materials located on the Site are copyrighted and protected by worldwide copyright laws. Unauthorized use may violate copyright, trademark, and other laws.

3. Tools, Software, and 3rd Party Applications

All tools, software, and 3rd party applications (including CMS platforms, plugins, and tracking scripts such as Meta Pixels or Google Analytics) provided or installed by Daveworks Inc. are provided “as is” without any express or implied warranty of any kind.

  • Independent Authorship: These applications are authored by 3rd party developers with no proprietary interest in Daveworks Inc.
  • No Liability for Failures: Daveworks Inc. is not liable for service interruptions, data breaches, or operational difficulties caused by these 3rd party tools.
  • No Control Over Data: Daveworks Inc. is not responsible for changes made by 3rd party developers to their code, privacy practices, or data collection methods.

4. Data Privacy & Statutory Compliance (CIPA/VPPA/CCPA)

Daveworks Inc. provides technical implementation services based on the Customer’s requirements. The Customer remains the sole “Business Owner” and “Data Controller” under the law.

  • Legal Responsibility: Customer is solely responsible for ensuring their website complies with all state and federal privacy laws, including the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA), and the California Consumer Privacy Act (CCPA/CPRA).
  • Tracking Technologies: Implementation of tracking pixels or analytics does not constitute legal advice. Customer is responsible for providing a compliant Privacy Policy and implementing a valid Consent Management Platform (Cookie Banner) that meets current “explicit opt-in” standards.
  • Indemnification: Customer agrees to indemnify, defend, and hold Daveworks Inc. harmless from any legal claims, statutory damages (including CIPA’s $5,000 per-violation penalties), or regulatory fines arising from the Customer’s use of tracking technologies or data collection practices.

5. Limitation of Liability

  • Total Waiver: To the maximum extent permitted by law, Daveworks Inc. shall have no liability whatsoever for any damages, legal fees, or statutory penalties arising from the Customer’s website, including but not limited to privacy litigation.
  • Consideration of Discounts: Customer acknowledges that the pricing for Daveworks Inc. services, including significant monthly discounts provided to the Customer, is predicated on the Customer’s acceptance of these limitations of liability.
  • The Fail-Safe Cap: If a court finds the “Total Waiver” unenforceable, the parties agree that Daveworks Inc.’s total maximum liability is strictly limited to the fees paid specifically for the “Software Maintenance” line item (and no other services such as SEO, etc.) during the six (6) months immediately preceding the claim.
  • No Consequential Damages: In no event shall Daveworks Inc. be liable for lost profits, business interruption, or legal settlements paid by the Customer to third parties.

6. Ability to Accept Terms of Service

You affirm that you are 18 years or older or have consent from a legal parent or guardian and are fully able and competent to enter into these terms, conditions, and obligations.

7. Links to Other Websites

Linked websites are not under the control of Daveworks Inc. We are not responsible for the content or privacy practices of any linked site. Accessing third-party sites is done entirely at your own risk.

8. Access Outside of the United States

This Site is controlled from offices in the State of California, USA. Daveworks Inc. makes no representation that materials are appropriate for use in other locations. Those who access this Site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.

9. Applicable Law and Disputes

Any claim relating to Daveworks Inc. shall be governed by the laws of the State of California. Disputes shall be resolved as follows:

  • Small Claims: Either party may file an action in Small Claims Court in Sacramento County, California, for any dispute within the jurisdiction of that court.
  • Arbitration: If the dispute exceeds Small Claims jurisdiction, it shall be resolved by binding arbitration in Sacramento County, California, in accordance with the rules of the American Arbitration Association.
  • Costs: Each party shall be responsible for their own legal fees, and the costs of arbitration shall be shared equally between the parties.

10. Revision of Terms

Daveworks Inc. may revise these terms at any time by updating this posting. You should visit this page periodically to review the current terms as they are binding upon you.