SCARFAZE

Software IT Company | Innovative Startup

https://scarfaze.com

TERMS AND CONDITIONS OF SERVICE

1. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, the following words and expressions shall have the meanings set out below unless the context otherwise requires:

• "Agreement" means these Terms and Conditions together with any applicable Service Agreement, Order Form, or addendum incorporated herein by reference.
• "Company" means Scarfaze, an innovative software IT startup and emerging technology venture operating at https://scarfaze.com.
• "User" means any individual or legal entity that accesses, browses, or uses the Website or Services.
• "Services" means all software development, web hosting, free website services, IT consulting, open-source tools, and related digital services offered by Scarfaze.
• "Website" means the online platform accessible at https://scarfaze.com and all associated subdomains.
• "Content" means any text, images, graphics, data, files, software, code, or other material uploaded, submitted, or otherwise made available through the Services.
• "Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection laws.
• "Intellectual Property Rights" means patents, copyrights, trademarks, trade secrets, database rights, moral rights, and all other intellectual or industrial property rights, whether registered or unregistered.

Words in the singular include the plural and vice versa. References to "including" mean "including without limitation." Headings are for convenience only and do not affect interpretation.

2. ACCEPTANCE OF TERMS

By accessing or using any portion of the Website or Services, you represent and warrant that:

1. You are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater.
2. You possess the legal capacity and authority to enter into this Agreement, and if acting on behalf of a company or organization, you have the authority to bind that entity.
3. Your use of the Services does not violate any applicable law, regulation, court order, or contractual obligation.
4. All information you provide to Scarfaze is accurate, current, and complete.

If you do not meet these requirements or do not agree to these Terms, you must not access or use the Website or Services. Continued use of the Website following the posting of any modifications to these Terms constitutes your binding acceptance of the revised Terms.

3. DESCRIPTION OF SERVICES

Scarfaze provides a range of technology services including, but not limited to:

• Custom software development and application design.
• Web development, design, and maintenance.
• Open-source tools, frameworks, and language development.
• Free website hosting services for qualifying users (subject to Section 5 below).
• IT consulting, technical support, and digital transformation advisory.
• Technology research, experimentation, and innovation in emerging fields.
• Any other services as may be introduced by Scarfaze from time to time.

Service Modifications

Scarfaze reserves the right, at its sole discretion, to modify, suspend, discontinue, or restrict any aspect of the Services at any time, with or without notice. This includes the introduction of new features, removal of existing features, imposition of usage limits, and changes in service delivery methods. Scarfaze shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

Third-Party Services

The Website may contain links to or integrations with third-party websites, platforms, or services. Scarfaze does not endorse, control, or assume responsibility for any third-party content, privacy practices, or terms of service. Your use of third-party services is entirely at your own risk and subject to the applicable third party's terms.

4. DATA COLLECTION, PRIVACY, AND DATA PROTECTION

Categories of Personal Data Collected

Scarfaze collects only the Personal Data strictly necessary to deliver our Services and fulfill legitimate business purposes. The categories of data we may collect include:

• Identity Data: full name, username, and similar identifiers.
• Contact Data: email address, phone number, and mailing address.
• Technical Data: IP address, browser type, device identifiers, cookies, and usage logs collected automatically through your interaction with the Website.
• Transaction Data: details of services requested and payments processed.
• Communication Data: records of correspondence between you and Scarfaze.

Lawful Basis and Purpose of Processing

We process your Personal Data solely for the following purposes and on the following lawful bases:

• Contract Performance: to set up and manage your account, deliver the Services you have requested, and handle billing and payments.
• Legitimate Interests: to communicate service updates, respond to support inquiries, and maintain the security and integrity of our systems.
• Legal Obligation: to comply with applicable legal and regulatory requirements, including tax, accounting, and fraud prevention obligations.
• Consent: where you have explicitly opted in to receive marketing communications or participate in optional features. You may withdraw consent at any time.

Data Security

Scarfaze implements and maintains appropriate technical and organizational security measures designed to protect your Personal Data against unauthorized access, accidental loss, alteration, disclosure, or destruction. These measures include, without limitation, encryption of data in transit and at rest, access controls, regular security assessments, and incident response procedures. While we employ commercially reasonable safeguards, no transmission of data over the internet or electronic storage system is completely secure. We cannot guarantee absolute security.

No Sale or Unauthorized Sharing of Personal Data

Scarfaze does not sell, rent, lease, or trade your Personal Data to any third party for commercial purposes. We may share your data only in the following limited circumstances: (a) with trusted service providers who assist us in operating the Website and Services, under strict contractual obligations of confidentiality and security; (b) when required by applicable law, court order, or governmental authority; or (c) in connection with a merger, acquisition, or sale of assets, where you will be notified.

Data Retention

We retain your Personal Data only for as long as necessary to fulfill the purposes for which it was collected, including satisfying legal, accounting, or reporting requirements. Upon expiry of the applicable retention period, your data will be securely deleted or anonymized.

Your Rights

Subject to applicable law, you may have the right to: access the Personal Data we hold about you; request correction of inaccurate data; request erasure of your data; object to or restrict our processing; request data portability; and lodge a complaint with a relevant data protection authority. To exercise any of these rights, please contact us through our official Website.

5. FREE WEBSITE SERVICE — SPECIAL TERMS

User Content Responsibility

You retain ownership of all Content you upload, publish, or otherwise make available through the Free Website Service. Scarfaze claims no ownership rights over your Content. However, you hereby grant Scarfaze a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, and display your Content solely to the extent necessary to provide and maintain the Service.

You are solely and exclusively responsible for all Content on your website, including its accuracy, legality, and compliance with applicable laws and regulations. You represent and warrant that:

• You own or have obtained all necessary rights, licences, consents, and permissions to upload and use the Content.
• Your Content does not and will not infringe any third-party Intellectual Property Rights, privacy rights, or publicity rights.
• Your Content complies with all applicable local, national, and international laws and regulations.
• Your Content does not constitute false advertising, defamation, fraud, or misrepresentation.

Prohibited Content

You agree not to upload, transmit, or publish any Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, or otherwise objectionable.
• Infringes any third-party Intellectual Property Rights, including unauthorized use of copyrighted material, trademarks, or trade secrets.
• Contains viruses, malware, ransomware, spyware, or any other malicious or harmful code.
• Promotes, facilitates, or engages in fraudulent, deceptive, or misleading activities.
• Violates the privacy, data protection, or other rights of any individual or organization.
• Constitutes unsolicited commercial communications (spam) or phishing.
• Encourages or facilitates illegal activity of any kind.

Intellectual Property Indemnification

You agree to indemnify, defend, and hold harmless Scarfaze, its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) any Content you upload or publish; (b) your violation of any third-party rights, including Intellectual Property Rights; or (c) any claim that your Content caused damage to a third party.

Hosting Access and Management

Upgrading Your Plan for Hosting Access

Domain Services

Scarfaze may provide domain registration, management, and related services subject to the following terms:

• Scarfaze acts as an intermediary between users and domain registrars for domain registration and management services.
• Users are responsible for providing accurate registration information and maintaining ownership of their domains.
• Domain registration is subject to availability, third-party registrar policies, and applicable regulations.
• Users must pay all applicable domain registration, renewal, and transfer fees as specified by Scarfaze.
• Scarfaze does not guarantee domain availability, continuous registration, or protection from third-party claims.
• Users retain responsibility for complying with ICANN policies, registrar terms, and applicable domain-related regulations.
• Domain disputes, ownership conflicts, or registration issues must be resolved by the user in accordance with applicable registrar policies and dispute resolution procedures.

Reporting Violations and Website Suspension

Scarfaze maintains a strict policy against illegal, harmful, or abusive content. Any individual or organization may report websites hosted under Scarfaze that violate these Terms or applicable laws.

How to Report a Violation

To report a violation, please submit a detailed report to Scarfaze through our official Website contact form including:

1. The URL of the website in question.
2. Specific description of the violation (e.g., illegal content, fraud, defamation, malware, IP infringement, phishing, etc.).
3. Evidence or screenshots supporting your claim.
4. Your contact information for follow-up (optional but recommended).

Verification and Investigation Process

Enforcement Actions

If Scarfaze determines, in its sole discretion, that a reported violation is genuine and constitutes a breach of these Terms, we may take one or more of the following actions:

• Content Removal: Require the website owner to remove or modify the violating content within a specified timeframe.
• Temporary Suspension: Temporarily suspend the website while the investigation continues or until the violation is remediated.
• Permanent Ban: Permanently terminate and ban the website if the violation is severe, repeated, or involves illegal activities (e.g., fraud, malware distribution, phishing, child exploitation, terrorism, etc.).
• Law Enforcement Referral: Report illegal activities to appropriate law enforcement or regulatory authorities where required by law.
• No Refund: Termination for violations does not entitle the user to any refund of fees paid.

Appeals Process

If a website is suspended or banned, the owner may submit an appeal through the official contact form within thirty (30) days of the action. Scarfaze will review the appeal and respond within a reasonable timeframe. Our decision on appeals is final.

Service Availability

The Free Website Service is provided on an "as available" basis without any uptime guarantee or service level commitment. Scarfaze does not warrant uninterrupted or error-free access to the Service and may perform maintenance, updates, or take the Service offline at any time without prior notice.

6. USER ACCOUNTS AND RESPONSIBILITIES

Where access to certain Services requires account registration, you agree to:

1. Provide accurate, current, and complete information during registration and keep it updated.
2. Maintain the confidentiality of your login credentials and not share them with any third party.
3. Notify Scarfaze immediately of any unauthorized use of your account or any security breach.
4. Accept full responsibility for all activities conducted through your account.

Scarfaze reserves the right to suspend or terminate your account if we have reasonable grounds to believe that your account credentials have been compromised or that your account is being used in violation of these Terms.

7. ACCEPTABLE USE POLICY

In addition to the Prohibited Content provisions in Section 5, you agree not to use the Website or Services to:

• Attempt to gain unauthorized access to any system, network, account, or data belonging to Scarfaze or any third party.
• Conduct denial-of-service attacks, distributed denial-of-service (DDoS) attacks, or any other disruptive activity that degrades the performance of our systems.
• Scrape, crawl, or extract data from the Website using automated tools without prior written consent from Scarfaze.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software provided as part of the Services.
• Resell, sublicence, or commercially exploit any Services or content unless expressly authorized in writing by Scarfaze.
• Circumvent, disable, or interfere with any security features, access controls, or technical measures implemented by Scarfaze.

Any violation of this Acceptable Use Policy may result in immediate suspension or termination of your access to the Services, at Scarfaze's sole discretion, and may also expose you to civil or criminal liability.

8. INTELLECTUAL PROPERTY RIGHTS

Scarfaze's Intellectual Property

All content, features, and functionality of the Website and Services — including but not limited to software, source code, designs, graphics, logos, icons, text, databases, open-source tools, frameworks, and the selection and arrangement thereof — are the exclusive property of Scarfaze or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws. The Scarfaze name, logo, and all related marks are trademarks of Scarfaze. Nothing in these Terms grants you any right to use any Scarfaze trademark, trade name, or service mark.

Open-Source Components

Licence to Use the Website

Subject to your compliance with these Terms, Scarfaze grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for your personal or internal business purposes. This licence does not include the right to: (a) sell or commercially exploit any content; (b) reproduce, distribute, and create derivative works; (c) use data mining, robots, or similar extraction tools; or (d) frame or mirror any portion of the Website.

Feedback

If you submit feedback, suggestions, or ideas regarding the Services, you grant Scarfaze a perpetual, irrevocable, royalty-free, worldwide licence to use, incorporate, and commercialize such feedback without any compensation or obligation to you.

9. SUSPENSION AND TERMINATION OF SERVICES

Termination by Scarfaze

Scarfaze reserves the right to suspend, restrict, or permanently terminate your access to any or all Services, with or without prior notice, in the following circumstances:

• You have breached any provision of these Terms or any applicable law or regulation.
• Your website, account, or activities contain or involve Prohibited Content as defined in Section 5.
• Your actions, Content, or conduct pose a threat to the security, integrity, reputation, or technical infrastructure of Scarfaze, its partners, or other users.
• We are required to do so by applicable law, regulation, court order, or governmental authority.
• We determine, in our sole discretion, that continued provision of Services is no longer commercially viable or technically feasible.

Termination by User

You may discontinue use of the Services at any time by providing written notice to Scarfaze through the official Website. Termination of the Agreement does not entitle you to any refund of fees paid, except as expressly provided in any separate written agreement.

Effect of Termination

Upon termination for any reason: (a) all licences granted to you under these Terms will immediately terminate; (b) you must cease all use of the Services and destroy any copies of Scarfaze's materials in your possession; (c) Scarfaze may delete all of your Content and data within a reasonable period following termination, subject to applicable legal obligations; and (d) all provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including Sections 4, 8, 9, 10, 11, and 12.

10. DISCLAIMER OF WARRANTIES

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCARFAZE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Services will be uninterrupted, error-free, or free from harmful components.
• Warranties as to the accuracy, completeness, currency, or reliability of any content or information available through the Services.
• Warranties that defects will be corrected or that the Website or its servers are free from viruses or other harmful elements.
• Startup-Specific: Warranties that Services are production-ready, commercially proven, or free from experimental characteristics.

No advice or information, whether oral or written, obtained from Scarfaze or through the Services shall create any warranty not expressly stated in these Terms.

11. LIMITATION OF LIABILITY

Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCARFAZE, ITS FOUNDERS, CONTRIBUTORS, VOLUNTEERS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS; (C) BUSINESS INTERRUPTION; OR (D) COST OF SUBSTITUTE GOODS OR SERVICES — EVEN IF SCARFAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Direct Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCARFAZE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO SCARFAZE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

Basis of the Bargain

The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and are a fundamental element of the basis of the bargain between you and Scarfaze. Scarfaze would not be able to provide the Services on an economically reasonable basis without such limitations, particularly as an emerging startup with limited resources.

Exceptions

Nothing in this Agreement limits or excludes Scarfaze's liability for: (a) death or personal injury caused by our gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Scarfaze and its founders, contributors, volunteers, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

1. Your violation of any provision of these Terms.
2. Your Content, including any claims by third parties that your Content infringes their Intellectual Property Rights or other rights.
3. Your use or misuse of the Services.
4. Your violation of any applicable law, regulation, or third-party rights.
5. Any dispute between you and any third party in connection with the Services.

Scarfaze reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

13. PAYMENTS, FEES, AND REFUND POLICY

Where any Services are provided on a paid basis, the following terms apply:

• All fees are quoted and payable in the currency specified in the applicable service agreement or invoice.
• Payment is due in advance unless otherwise agreed in writing. Failure to make timely payment may result in suspension of Services.
• All fees are exclusive of applicable taxes, duties, or levies, which shall be payable by you in addition to the quoted fees.
• Scarfaze reserves the right to modify its pricing at any time, with reasonable advance notice provided to existing users.

Refund Policy

Refunds, where applicable, are subject to the terms set out in your specific service agreement with Scarfaze. In the absence of a specific written refund policy, all fees paid are non-refundable except where required by applicable consumer protection law or at Scarfaze's sole discretion.

14. CONFIDENTIALITY

During the course of the relationship between you and Scarfaze, each party ("Disclosing Party") may disclose to the other party ("Receiving Party") certain confidential, proprietary, or trade secret information ("Confidential Information"). Confidential Information includes business plans, technical specifications, pricing, customer lists, source code, experimental features, and any other information marked as confidential or that a reasonable person would understand to be confidential given the context of disclosure.

Each party agrees to: (a) hold the other's Confidential Information in strict confidence; (b) use such information solely for the purpose of performing obligations under this Agreement; and (c) not disclose Confidential Information to any third party without prior written consent, except to personnel with a need to know who are bound by equivalent confidentiality obligations.

These obligations do not apply to information that: (a) was already known to the Receiving Party without restriction; (b) becomes publicly available through no breach of this Agreement; (c) was independently developed without use of the Confidential Information; or (d) is required to be disclosed by law or court order, provided the Disclosing Party is given reasonable advance notice where permitted.

15. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which Scarfaze operates, without regard to conflict of law principles.

Informal Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve the dispute informally by contacting Scarfaze through the official Website. The parties shall negotiate in good faith for a period of thirty (30) days from the date of first written notice of the dispute. If the dispute is not resolved within that period, either party may pursue formal remedies.

Jurisdiction

For any disputes not resolved informally, each party irrevocably submits to the exclusive jurisdiction of the competent courts in Scarfaze's operating jurisdiction.

Class Action Waiver

To the extent permitted by applicable law, you agree to resolve any disputes with Scarfaze on an individual basis and waive any right to bring or participate in any class, collective, or representative action or proceeding.

16. CHANGES TO THESE TERMS

Scarfaze reserves the right to revise and update these Terms and Conditions at any time at its sole discretion. We will notify you of material changes by: (a) posting the revised Terms on the Website with an updated "Last Updated" date; and/or (b) sending an email notification to the address associated with your account, where applicable.

Changes will become effective immediately upon posting unless otherwise stated. Your continued access to or use of the Website or Services following the posting of any revised Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must immediately discontinue use of the Services.

We encourage you to review these Terms periodically. It is your responsibility to check for updates.

17. FORCE MAJEURE

Scarfaze shall not be liable for any delay, failure in performance, or interruption of the Services resulting directly or indirectly from causes beyond our reasonable control, including but not limited to: acts of God or nature; war, terrorism, civil unrest, or governmental actions; labor disputes or strikes; power failures or telecommunication outages; internet disruptions or cyberattacks; epidemics, pandemics, or public health emergencies; or failures of third-party service providers.

In such circumstances, Scarfaze's obligations will be suspended for the duration of the force majeure event. We will use commercially reasonable efforts to minimize the impact and resume normal service operations as soon as practicable.

18. GENERAL PROVISIONS

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements or order forms, constitute the entire agreement between you and Scarfaze with respect to the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver

No failure or delay by Scarfaze in exercising any right, power, or remedy shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any further exercise of the same or any other right.

Assignment

You may not assign, transfer, or sublicence any of your rights or obligations under these Terms without Scarfaze's prior written consent. Scarfaze may freely assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, or by operation of law.

No Partnership

Nothing in these Terms creates or implies any partnership, joint venture, employment relationship, franchise, or agency between you and Scarfaze.

Notices

All legal notices to Scarfaze must be submitted in writing through the official contact form on the Website at https://scarfaze.com. Notices to you may be sent to the email address associated with your account or posted on the Website.

Language

These Terms are executed in the English language. In the event of any conflict between a translated version and the English version, the English version shall prevail.

19. CONTACT INFORMATION

We aim to respond to all legitimate inquiries within five (5) business days. For time-sensitive legal matters, please clearly indicate the nature and urgency of your inquiry in your communication.

Scarfaze - Innovative Software IT Startup

Open Source Tools | Custom Development | Digital Innovation

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