Terms of Service

Last updated: December 29, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Lawlor Solutions ("we," "our," or "us") governing your access to and use of our website, mobile applications (the "Concierge App"), and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through the Services. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration

To access certain features of our Services, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized access or use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or violates these Terms.

4. Description of Services

Lawlor Solutions provides custom software development services including, but not limited to:

  • Mobile application development (iOS and Android)
  • Web application and dashboard development
  • Website and landing page design and development
  • Automation and integration services
  • UI/UX design services
  • Ongoing maintenance and support

Our Services are provided on a project basis through service requests. Each service request constitutes a separate agreement for specific deliverables as defined during the project scoping process.

5. Service Requests and Project Process

5.1 Submitting Requests

You may submit service requests through our platform. Each request will be reviewed, and we will provide a detailed scope, timeline, and pricing breakdown. No work will commence until you have reviewed and approved the pricing and scope.

5.2 Milestone-Based Development

Projects are structured into milestones, with each milestone representing a defined phase or set of deliverables. Milestones include:

  • Required Items: Essential components necessary for every project of that type
  • Custom Requirements: Specific features unique to your project needs
  • Optional Add-ons: Additional features you may choose to include

5.3 Approval Process

You will have the opportunity to review and approve deliverables at each milestone. Your approval or feedback is required to proceed to subsequent milestones. Reasonable revision requests within the original scope are included; significant changes may require additional pricing approval.

6. Retainer Balance and Payment

6.1 Retainer Balance System

Our platform operates on a Retainer Balance system. You may add funds to your Retainer Balance at any time using your saved payment methods. Your Retainer Balance can be used to pay for any services we offer.

Important: Retainer Balance is a credit system, not actual money. Once funds are added to your Retainer Balance, they are nonrefundable as cash. However, your Retainer Balance never expires and can be used for any services with us at any time.

6.2 Payment Processing

When you approve a service request, the total cost is deducted from your Retainer Balance all at once. If your Retainer Balance is insufficient, you will be prompted to add funds before work can begin. All payments are processed securely through Stripe.

6.3 Pricing

All pricing is provided in U.S. Dollars (USD) and is subject to the scope agreed upon for each project. Custom quotes are provided for each service request based on complexity, timeline, and specific requirements. Pricing is valid for 30 days from the date of quote unless otherwise specified.

7. Refunds and Cancellations

7.1 Project Cancellations

You may cancel a service request at any time. If you choose to cancel:

  • Completed milestones are non-refundable as work has been delivered
  • Any incomplete milestones at the time of cancellation will be refunded to your Retainer Balance
  • Refunds to Retainer Balance are processed within 3-5 business days

7.2 Retainer Balance Refunds

Retainer Balance funds are nonrefundable as cash because Retainer Balance is a credit system, not actual money. However:

  • Your Retainer Balance never expires
  • Retainer Balance can be used for any services we offer
  • Incomplete milestone refunds are credited back to your Retainer Balance

7.3 Our Right to Terminate

We reserve the right to terminate or suspend a project if you breach these Terms, fail to provide required information or feedback in a timely manner, or engage in conduct that impedes our ability to complete the work. In such cases, completed milestones are non-refundable.

8. Intellectual Property

8.1 Your Content

You retain ownership of all content, materials, and intellectual property you provide to us for use in your projects ("Your Content"). By providing Your Content, you grant us a non-exclusive license to use, modify, and incorporate Your Content as necessary to deliver the Services.

8.2 Project Deliverables

Upon full payment for a completed project, you receive full ownership of the custom deliverables created specifically for you, including:

  • Custom code developed for your project
  • Custom designs and graphics created for your project
  • Custom documentation created for your project

8.3 Our Intellectual Property

We retain ownership of:

  • Pre-existing code, libraries, frameworks, and tools used in development
  • General methodologies, techniques, and know-how
  • The Lawlor Solutions platform, website, and mobile applications
  • Our trademarks, logos, and branding

8.4 Third-Party Components

Projects may incorporate third-party libraries, frameworks, or services subject to their respective licenses. We will inform you of any significant third-party components and their licensing requirements.

9. Confidentiality

We treat all project details, business information, and materials you share with us as confidential. We will not disclose your confidential information to third parties except as required to deliver the Services or as required by law.

If you require a formal Non-Disclosure Agreement (NDA) for your project, please let us know and we will provide one for review and signature.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

  • We will perform the Services with reasonable skill and care
  • Deliverables will substantially conform to agreed specifications
  • We have the right to provide the Services and grant the rights described herein

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAWLOR SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE THOUSAND U.S. DOLLARS ($1,000), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Lawlor Solutions and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) Your Content or any materials you provide.

13. Termination

Either party may terminate the relationship at any time. Upon termination:

  • Your access to the Services may be suspended or terminated
  • Any pending service requests will be handled according to the refund policy
  • Your Retainer Balance remains available for future use or as otherwise described in these Terms
  • Provisions that by their nature should survive termination will remain in effect

14. Dispute Resolution

We encourage you to contact us first if you have any concerns or disputes. Most issues can be resolved through direct communication.

If a dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the State of Utah.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Utah.

16. General Provisions

  • Entire Agreement: These Terms, together with any project-specific agreements, constitute the entire agreement between you and Lawlor Solutions regarding the Services.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
  • Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
  • Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
  • Notices: Any notices required or permitted under these Terms shall be sent to the email address associated with your account or to joseph@lawlordev.design.

17. Mobile Application Terms

The following additional terms apply to our mobile applications:

17.1 Apple App Store

If you download our app from the Apple App Store, you acknowledge that these Terms are between you and Lawlor Solutions only, not with Apple. Apple has no obligation to furnish maintenance or support services. Apple is not responsible for any product claims, warranties, or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17.2 Google Play Store

If you download our app from Google Play, you acknowledge that Google has no obligation or liability to you with respect to the app or these Terms. Google is not responsible for the app or its content.

18. Additional Services and Features

We may introduce additional services, features, or functionality in the future. Use of such additional services may be subject to supplemental terms, which will be provided at the time of release. Your use of additional services constitutes acceptance of any applicable supplemental terms.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Lawlor Solutions

Email: joseph@lawlordev.design

Location: Utah, United States