Terms of Service

1. Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age, or have reached the age of majority in your jurisdiction, whichever is greater.
• You have the legal capacity and authority to enter into these Terms, whether as an individual or on behalf of a legal entity.
• If you are using the Services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to that entity.
• Your use of the Services does not violate any applicable law or regulation in your jurisdiction.
• You are not located in, or a national or resident of, any country subject to U.S. sanctions or embargoes.

2. Description of Services

FancyTech Industries provides a range of professional technology services, including but not limited to:

• Software Development: Custom web and mobile application development, API development and integration, cloud-native solutions, and legacy system modernization.
• UI/UX Design & Prototyping: User research, wireframing, visual design, design systems, and interactive prototyping.
• BPO Outsourcing: Business process outsourcing including customer support, data processing, back-office operations, and IT helpdesk.
• Architectural Visualizations: 3D architectural rendering, virtual reality tours, animation, and marketing visual materials.

The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate written Statement of Work ("SOW") or Service Agreement signed by both parties. In the event of any conflict between these Terms and an SOW, the SOW shall govern with respect to the specific engagement.

3. Service Agreements and Project Terms

3.1 Statements of Work

All professional services engagements require a written SOW executed by both parties. The SOW will specify the project scope, deliverables, milestones, timeline, fees, and any special terms applicable to that engagement. Work will not commence until an SOW is signed and any required deposit or advance payment is received.

3.2 Client Responsibilities

To enable FancyTech to deliver services, you agree to:

• Provide accurate, complete, and timely information, materials, and approvals required for the project.
• Appoint a designated point of contact with authority to make project decisions.
• Review and respond to deliverables, feedback requests, and communications within the timeframes specified in the SOW.
• Ensure that any content, data, or materials you provide to us does not infringe any third-party rights.
• Pay all fees as agreed upon and within the payment terms specified in the SOW.

Impact of Delays: Client-caused delays, including failure to provide timely approvals, feedback, content, or required access, may result in project timeline extensions and may incur additional fees as specified in the SOW.

3.3 Acceptance of Deliverables

Upon delivery of each milestone or final deliverable, you will have the review period specified in the SOW (typically 5–10 business days) to review the work and provide written feedback or approval. If no written feedback is received within the review period, the deliverable will be deemed accepted. Acceptance constitutes satisfaction with the deliverable as provided.

4. Account Registration and Security

Some features of our Services may require you to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and current.
• Keep your password confidential and not share it with any third party.
• Notify us immediately of any unauthorized use of your account or any other security breach at info.ftechindustries@gmail.com.
• Be responsible for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate accounts that we believe have been compromised or that are being used in violation of these Terms.

5. Acceptable Use Policy

You agree to use our Site and Services only for lawful purposes and in accordance with these Terms. You agree NOT to use our Services:

• In any way that violates any applicable local, state, national, or international law or regulation, including without limitation export control laws.
• To transmit or facilitate the transmission of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation.
• To impersonate or attempt to impersonate FancyTech Industries, any of its employees, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm FancyTech Industries or other users.
• In any manner that could disable, overburden, damage, or impair the Site or servers or networks connected to the Site.
• To use any robot, spider, crawler, scraper, or other automated means to access the Site for any purpose without our prior written consent.
• To introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
• To attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site.
• To engage in any activity that infringes the intellectual property rights of FancyTech Industries or any third party.
• To use our Services to develop competing products or services without our explicit written consent.

We reserve the right to investigate violations of this policy and to cooperate with law enforcement authorities in prosecuting users who violate applicable laws.

6. Intellectual Property Rights

6.1 FancyTech Intellectual Property

The Site and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, button icons, images, audio clips, video clips, data compilations, software, and the compilation thereof — are the exclusive property of FancyTech Industries and are protected by United States and international intellectual property laws, including copyright, trademark, patent, trade secret, and other applicable laws.

The FancyTech Industries name, logo, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks of FancyTech Industries or its affiliates. You must not use such marks without the prior written permission of FancyTech Industries.

6.2 Ownership of Project Deliverables

Unless otherwise specified in a signed SOW or Service Agreement:

• Upon Full Payment: Upon receipt of full payment for the applicable services, FancyTech Industries assigns to the Client all right, title, and interest in the custom work product created specifically for the Client under the SOW ("Custom Deliverables"), including all intellectual property rights therein.
• FancyTech Pre-Existing IP: FancyTech Industries retains all rights to its pre-existing intellectual property, including proprietary frameworks, tools, libraries, methodologies, and know-how ("Background IP") that may be incorporated into deliverables. FancyTech grants the Client a non-exclusive, perpetual, royalty-free license to use such Background IP solely as incorporated into and for the purpose of the Custom Deliverables.
• Third-Party Components: Deliverables may incorporate open-source software or third-party components subject to their own licenses. FancyTech will disclose material third-party components and their applicable licenses.
• Portfolio Rights: FancyTech Industries reserves the right to display completed work in its portfolio and marketing materials unless the Client explicitly requests confidentiality in writing.

Prior to full payment, all deliverables remain the property of FancyTech Industries. The Client acquires no rights to deliverables until all outstanding fees are paid.

6.3 Limited License to Use the Site

Subject to these Terms, FancyTech Industries grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include the right to reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content on the Site.

7. Client Content and Licenses

When you provide us with content, data, materials, or information ("Client Content") in connection with our Services, you:

• Represent and warrant that you own or have all necessary rights to provide such Client Content and to grant the rights described herein.
• Represent and warrant that Client Content does not infringe any third-party intellectual property rights, violate any applicable laws, or breach any agreements.
• Grant FancyTech Industries a non-exclusive, worldwide, royalty-free license to use, reproduce, process, and display Client Content solely to the extent necessary to provide the Services.
• Remain solely responsible for Client Content and any consequences of providing it to us.

8. Fees, Payment, and Billing

8.1 Fees

All fees for services are set forth in the applicable SOW or Service Agreement. Fees are stated in U.S. Dollars unless otherwise agreed in writing. FancyTech Industries reserves the right to update its pricing at any time; however, changes will not affect existing signed SOWs.

8.2 Payment Terms

• Unless otherwise specified in the SOW, a non-refundable deposit of 50% of the total project fee is due before work commences.
• The remaining balance is due upon project completion or as specified in the SOW milestone payment schedule.
• All invoices are payable within 14 days of issuance unless otherwise agreed in writing.

8.3 Late Payments

Invoices not paid within 14 days of the due date will accrue interest at the rate of 1.5% per month (18% per annum), or the maximum rate permitted by applicable law, whichever is lower, calculated from the original due date. FancyTech Industries reserves the right to suspend all Services until overdue amounts are paid in full.

8.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities, including but not limited to sales tax, value-added tax (VAT), and goods and services tax (GST), except for taxes based on FancyTech Industries' income.

8.5 Refund Policy

All deposits and fees paid for commenced work are non-refundable, as they compensate FancyTech Industries for resources allocated and work performed. If a project is cancelled by the Client after commencement, the Client remains liable for fees earned to the date of termination as specified in the SOW. Any refund disputes will be handled in accordance with Section 15 (Dispute Resolution).

9. Confidentiality

Each party acknowledges that it may receive or have access to information that is confidential or proprietary to the other party ("Confidential Information").

Each party agrees to:

• Hold all Confidential Information of the other party in strict confidence.
• Not disclose Confidential Information to any third party without the prior written consent of the disclosing party.
• Use Confidential Information solely for the purpose of performing obligations or exercising rights under these Terms.
• Protect Confidential Information using at least the same degree of care used to protect its own confidential information, but no less than reasonable care.

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this agreement; (b) was already known to the receiving party without restriction; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law, provided the receiving party provides prompt prior written notice to allow the disclosing party to seek a protective order.

10. Disclaimers and Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, FancyTech Industries disclaims all warranties, express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
• Warranties regarding the accuracy, completeness, reliability, or timeliness of any content on the Site.
• Warranties that defects will be corrected.

Any reliance you place on information available through our Site is strictly at your own risk. We expressly disclaim responsibility for any errors or omissions in the content of our Site.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANCYTECH INDUSTRIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, business, or goodwill.
• Business interruption or loss of business opportunity.
• Personal injury or property damage arising out of or related to your access or use of the Services.

IN NO EVENT SHALL FANCYTECH INDUSTRIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FANCYTECH INDUSTRIES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, FancyTech Industries' liability will be limited to the greatest extent permitted by applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless FancyTech Industries and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation.
• Your use of the Services, including any data or content transmitted or received by you.
• Any Client Content you provide to us.
• Your infringement of any third-party rights, including intellectual property rights or privacy rights.
• Any misrepresentation made by you.

13. Third-Party Services and Links

Our Site and Services may contain links to, or integrations with, third-party websites and services ("Third-Party Services"). These links are provided for your convenience only and do not constitute our endorsement of such Third-Party Services or their operators.

We have no control over the content, privacy policies, or practices of any Third-Party Services and disclaim all responsibility for the same. Your use of any Third-Party Service is at your own risk and subject to the terms and conditions of that service.

To the extent our Services integrate with or rely on third-party platforms (e.g., cloud providers, payment processors), we make no warranties regarding the availability, accuracy, or performance of such third-party integrations.

14. Termination

14.1 Termination by Either Party

Either party may terminate a service engagement with written notice as specified in the applicable SOW. Absent a specific notice period in the SOW, a minimum of 14 days' written notice is required.

14.2 Termination for Cause

Either party may terminate a service engagement immediately upon written notice if the other party:

• Materially breaches these Terms or the applicable SOW and fails to cure such breach within 10 business days of receiving written notice.
• Becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors.
• Engages in conduct that is fraudulent, illegal, or harmful to the other party.

14.3 FancyTech's Right to Terminate Site Access

We reserve the right to suspend or terminate your access to the Site and Services at our sole discretion, without notice or liability, for any reason, including if you breach these Terms.

14.4 Effect of Termination

Upon termination of a service engagement: (a) you shall pay all fees due for work completed to the date of termination; (b) each party shall return or destroy the other's Confidential Information; (c) all licenses granted under these Terms with respect to the terminated engagement will terminate, except those licenses that survive completion or are expressly stated to survive; and (d) Sections 6, 8, 9, 11, 12, 15, and 16 shall survive termination indefinitely.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Informal Resolution

Before initiating any formal dispute process, you agree to first contact FancyTech Industries in writing at info.ftechindustries@gmail.com and allow us 30 days to attempt to resolve the dispute informally.

15.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, their breach, termination, or invalidity shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in Sheridan, Wyoming (or remotely by mutual agreement), and the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND FANCYTECH INDUSTRIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including the unauthorized use or disclosure of intellectual property or Confidential Information, pending the outcome of arbitration.

16. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.

For disputes not subject to arbitration, you and FancyTech Industries agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Sheridan County, Wyoming, and waive any objections to such jurisdiction or venue.

17. Force Majeure

Neither party shall be liable for any delay or failure in performance under these Terms (other than payment obligations) to the extent such delay or failure is caused by circumstances beyond that party's reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, civil unrest, power outages, internet outages, or third-party service failures ("Force Majeure Event"). The affected party shall notify the other party promptly of the Force Majeure Event and use commercially reasonable efforts to resume performance as soon as practicable.

18. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or void, such provision shall be modified or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the least degree necessary to make it valid and enforceable.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy, Copyright Policy, and any applicable SOW or Service Agreement, constitute the entire agreement between you and FancyTech Industries with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of FancyTech Industries.

20. Modifications to Terms

FancyTech Industries reserves the right to modify these Terms at any time. We will provide notice of material changes by:

• Updating the "Last updated" date at the top of this page.
• Posting a prominent notice on the Site.
• Sending an email notification to registered users, where applicable.

Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of our Services.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: