1. Acceptance of Terms
These Terms of Service form a legally binding agreement between you and DYINGLIGHT, INC., a company organized in the United States with its registered address at 280 E 1050 S, Centerville - 84014-2377, United States (US). Throughout these terms, the words the Company, we, us, and our refer to DYINGLIGHT, INC.
By accessing or using the website located at www.dyinglight.hair, or by engaging us for any service, you agree to be bound by these terms and by our Privacy Policy. If you do not agree to these terms, you must not access the website or use any of our services.
Please read these terms carefully before using the website or engaging our services. Your use of the website is also subject to all applicable laws and regulations.
These terms apply to the website as a whole and to every page and feature available on it. If a separate written agreement is signed with the Company for a specific project, that agreement will govern the project where it conflicts with these terms, and these terms will continue to govern your use of the website itself.
2. Definitions
For the purposes of these Terms of Service, the following definitions apply.
- Website: the public website operated by the Company at www.dyinglight.hair, including all pages, content, and features available on it.
- Services: the design, engineering, prototyping, production, and support services offered by the Company, including LED solutions, control systems, and custom fixtures.
- Content: all text, images, graphics, code, and other materials available on the website or provided as part of the services.
- User: any individual or entity that accesses the website or engages the Company for services.
- Agreement: these Terms of Service together with any separate written agreement entered into between you and the Company.
3. Description of Services
The Company provides computer systems design and related services. Our work includes the design and engineering of LED solutions, control systems, and custom fixtures, as well as prototyping, quality assurance, and post-delivery support.
The specific scope, deliverables, schedule, and fees for any project are set out in a separate written proposal, quotation, or statement of work agreed between you and the Company. The website itself is provided for informational purposes and does not, by itself, create any obligation to provide services.
We may, from time to time, add, modify, or discontinue features of the website or adjust the range of services we offer. Any such changes will be communicated as appropriate.
Nothing on the website constitutes a binding offer to provide services. A project becomes an obligation of the Company only when a proposal, quotation, or statement of work has been accepted in writing by both parties and any required deposit has been received.
4. Eligibility
You must be at least eighteen years of age, or the age of majority in your jurisdiction, to use the website and to enter into an agreement with the Company. By using the website, you represent and warrant that you meet this requirement.
If you are using the website on behalf of a company or other organization, you represent and warrant that you have the authority to bind that organization to these terms. In that case, references to you in these terms refer to that organization.
5. Account Responsibilities
Certain features of the website may require you to provide information or create an account. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to provide accurate, current, and complete information and to update that information as needed. You must notify us immediately if you become aware of any unauthorized use of your account or any other breach of security.
The Company reserves the right to suspend or terminate accounts that violate these terms or that are used in a manner that could harm the Company or others.
6. Acceptable Use
You agree to use the website only for lawful purposes and in a manner consistent with these terms. You agree not to do any of the following.
- Use the website in any way that violates any applicable law or regulation.
- Attempt to gain unauthorized access to the website, its servers, or any connected systems.
- Interfere with or disrupt the operation of the website or the servers that host it.
- Upload or transmit any malicious code, virus, or harmful content.
- Scrape, copy, or extract content from the website for unauthorized commercial use.
- Misrepresent your identity or your affiliation with any person or organization.
- Engage in any activity that imposes an unreasonable load on the website infrastructure.
We reserve the right to investigate any conduct that we believe violates this section and to take appropriate action, including removing content, restricting access, or cooperating with law enforcement where a violation may also be unlawful.
7. Intellectual Property Rights
All content on the website, including text, graphics, logos, icons, and software, is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the website for your personal and internal business use. This license does not permit you to reproduce, distribute, modify, or create derivative works from any part of the website without our prior written consent.
Ownership of custom work product, including designs and deliverables produced under a separate agreement, will be governed by the terms of that agreement.
The DYINGLIGHT name and logo, and any product or service names associated with the Company, are trademarks of the Company. You may not use them without our prior written permission. All other trademarks that appear on the website are the property of their respective owners.
8. User Content
If you submit information to us through the website, including enquiries, project details, or feedback, you grant us a non-exclusive, royalty-free license to use that information for the purpose of responding to you and providing our services.
You represent and warrant that any content you submit does not infringe the rights of any third party and does not violate any applicable law. You are solely responsible for the content you submit, and you agree not to submit anything that is unlawful, misleading, or harmful.
We are not obligated to review or retain any content you submit, and we may remove content at our discretion.
By submitting feedback, suggestions, or ideas, you acknowledge that the Company may use them without any obligation to compensate you, unless a separate written agreement states otherwise. Any unsolicited ideas you submit are provided on a non-confidential basis.
9. Fees and Payment
The fees for our services are set out in the applicable proposal, quotation, or statement of work. Unless otherwise stated in writing, fees are exclusive of taxes, duties, and shipping costs, which are your responsibility.
Payment terms, including any deposit requirements, milestones, and due dates, will be described in the relevant agreement. Invoices are due on the date stated on the invoice, and late payments may be subject to interest or suspension of work as described in the agreement.
If you dispute any charge, you must notify us in writing within the period stated in the agreement. Unpaid amounts remain your responsibility.
All prices are stated in United States dollars unless a different currency is expressly agreed. If a payment is declined or reversed, we may suspend work until the matter is resolved. You are responsible for any fees your bank or payment provider charges in connection with your payments.
10. Refund Policy
Because much of our work involves custom design and engineering that begins immediately upon engagement, refunds are limited and are governed by the terms of the applicable proposal or statement of work.
Deposits are generally non-refundable once work has commenced. If the Company is unable to complete a project for reasons within our control, we will work with you to determine an appropriate remedy, which may include a partial refund of fees paid for work not yet performed.
You may cancel a project by providing written notice. Upon cancellation, you agree to pay for all work completed through the date of cancellation, including any non-recoverable costs already incurred.
11. Service Availability and Changes
We aim to keep the website available and up to date, but we do not guarantee that it will be available at all times. We may suspend, modify, or discontinue the website or any part of it at any time without prior notice.
We are not liable for any interruption, delay, or failure of the website resulting from causes beyond our reasonable control, including maintenance, hardware or software failures, or internet disruptions.
We may update, revise, or remove content on the website at any time. Descriptions of services, product capabilities, and any pricing shown on the website are provided for general information and may be changed or corrected without notice. For any project, the details set out in your written agreement will control.
12. Third-Party Services
The website may contain links to third-party websites or services that are not owned or controlled by the Company. We provide these links for convenience only, and we do not endorse or assume responsibility for any third-party content, products, or services.
You access third-party services at your own risk, and any interactions you have with third parties are governed by their own terms and policies. We encourage you to review those terms before engaging with any third-party service.
13. Disclaimers and Limitation of Liability
The website and its content are provided on an as is and as available basis, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, the Company, its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to your use of the website or our services.
In no event will the total liability of the Company exceed the greater of one hundred dollars or the amount you paid to the Company in the twelve months preceding the claim. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
You acknowledge that the Company would not be able to provide the website or its services on the terms described here without the limitations and exclusions set out in this section, and that these limitations are a fundamental part of the basis of the bargain between you and the Company.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the website, your violation of these terms, or your infringement of any third-party rights.
This indemnification obligation will survive the termination of these terms and your use of the website.
The Company will provide you with prompt notice of any claim that may be subject to indemnification under this section. At our option, we may assume the defense of such a claim, in which case you agree to cooperate reasonably with us in the defense and resolution of the matter.
15. Termination
These terms remain in effect until terminated by either you or the Company. You may terminate these terms by ceasing to use the website and notifying us in writing.
The Company may suspend or terminate your access to the website at any time, with or without notice, if we believe you have violated these terms or if continued access could harm the Company or others. Upon termination, provisions that by their nature should survive, including intellectual property, disclaimers, limitation of liability, and indemnification, will continue in effect.
Termination of your access to the website does not relieve you of any payment obligations that arose before termination. Sections that address ongoing rights and obligations will survive and remain fully enforceable.
16. Governing Law and Dispute Resolution
These terms are governed by and construed in accordance with the laws of the State of Utah and the United States, without regard to conflict of law principles.
Any dispute arising out of or relating to these terms will first be addressed through good faith negotiation between the parties. If the dispute cannot be resolved informally, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Utah.
You agree to bring any claim within one year after the cause of action arises, or the claim will be permanently barred.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms or to any agreement entered into with the Company. Regardless of where you access the website from, you agree that the laws of the State of Utah govern any dispute that arises.
17. Entire Agreement
These terms, together with our Privacy Policy and any separate written agreement you enter into with the Company, constitute the entire agreement between you and the Company regarding the subject matter of these terms.
If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The failure to enforce any provision is not a waiver of the right to enforce it later.
Any headings used in these terms are provided for convenience only and do not affect the interpretation of the provisions they introduce. No waiver of any breach of these terms will be deemed a waiver of any subsequent breach of the same or any other provision.
18. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our practices, services, or legal requirements. When we make material changes, we will update the Last updated date at the top of this page.
Your continued use of the website after changes are posted constitutes acceptance of the revised terms. We encourage you to review this page periodically.
19. Contact Information
If you have questions or concerns about these Terms of Service, please contact us using the details below.
- Company: DYINGLIGHT, INC.
- Address: 280 E 1050 S, Centerville - 84014-2377, United States (US)
- Email: agent@dyinglight.hair
- Phone: +19788126053
- Website: www.dyinglight.hair