Terms & Conditions

1. Acceptance of these Terms

By accessing or using the Site, submitting a form, starting a chat, placing an order, or signing in to the client portal, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Statement. These Terms form a binding agreement between you and Kustom FX Dev.

2. Eligibility & who may use the Site

The Site is intended for businesses and for individuals who are at least 18 years old and able to enter into a binding agreement. By using the Site you represent that you meet these requirements, and that if you are using the Site on behalf of a business, you are authorized to act for it.

3. Permitted use & prohibited conduct

You may use the Site for its intended purpose — to learn about, request, and manage our services. You agree that you will not:

• Use the Site in any way that violates any applicable law or regulation;
• Attempt to gain unauthorized access to any part of the Site, our servers, other users' accounts, or hosted display or portal areas;
• Interfere with or disrupt the Site, or circumvent our security, rate-limiting, or anti-abuse measures;
• Submit false information, impersonate another person or business, or submit content you do not have the right to share;
• Upload or transmit malware, or use the Site to send spam, harvest data, or conduct automated scraping without our permission; or
• Copy, reproduce, resell, or exploit any part of the Site or its content except as expressly permitted by these Terms.

We may suspend or block access to the Site for anyone who violates these Terms or misuses the Site.

4. Inquiries, quotes & orders

Information on the Site — including service descriptions, plans, and pricing — is provided for general information and may change at any time. Submitting a contact form, chat message, or order through the Site is a request; it does not by itself create a binding contract for services. A paid engagement begins only when we and you agree on a plan and enter into a Service Agreement as described in Section 5. We reserve the right to decline or cancel any request or order at our discretion.

By placing an order or requesting services through the Site, you certify that you are of legal age (at least 18 years old) and are not prohibited under any applicable law from purchasing the services offered. Our services are not offered in any jurisdiction where they would be prohibited by law.

5. Paid services & the Service Agreement

When you become a client, the specific services, fees, recurring billing, contract term, cancellation, and related terms are governed by a separate Service Agreement between you and Kustom FX Dev (a representative sample is available at kustomfx.dev/sample-service-agreement.html). Payments for services are processed through Square (Block, Inc.), our third-party payment processor, under its own terms; your card details are entered into and handled by Square directly and are never stored on our systems. If you choose to save a card for future payments or enable auto-pay for a subscription, the card is stored by Square and you may remove it or turn auto-pay off at any time from your client portal or by contacting us.

These Terms apply to your general use of the Site. If there is any conflict between these Terms and your signed Service Agreement regarding your paid services, the Service Agreement controls for those services.

6. Client accounts & portal

Some areas of the Site, such as the client portal, require an account. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Enable available security features (such as two-factor authentication) where offered, and notify us promptly if you believe your account has been accessed without authorization. We may suspend or terminate accounts that are inactive, unpaid, or used in violation of these Terms.

7. Content you submit

When you submit content to us — such as form details, chat messages, branding, menu or pricing information, images, or other materials — you represent that you have the right to provide it and that it does not infringe anyone else's rights or violate any law. You grant Kustom FX Dev a non-exclusive license to use, store, and process that content as needed to respond to you and to provide and support the services you request. How we handle personal information is described in our Privacy Statement.

8. Our intellectual property

The Site and its content — including the Kustom FX Dev name and logo, text, graphics, layouts, designs, code, and underlying tools and templates — are owned by Kustom FX Dev or its licensors and are protected by intellectual-property laws. Our reusable platform — including our signage player application, menu-board engine and builder, client portal software, integration connectors, and related tooling — remains our property at all times; the deliverables you own are those identified as Client Work Product in your quote and Service Agreement. Except for content you provide, and except for deliverables owned by or licensed to you under a Service Agreement, nothing on the Site grants you any right to use our intellectual property without our prior written permission.

9. Third-party services & links

The Site relies on and may link to third-party services — for example, hosting and content delivery, web fonts, our live-chat relay, email delivery, and our payment processor. We are not responsible for the content, policies, or practices of third-party services or websites. Your use of a third-party service is governed by that provider's own terms and privacy policy.

10. Availability & changes to the Site

We work to keep the Site available and up to date, but we do not guarantee that it will always be available, uninterrupted, or error-free. We may modify, suspend, or discontinue any part of the Site at any time, with or without notice. We are not liable for any unavailability of the Site or for outages caused by third-party hosting, networks, hardware, or events beyond our reasonable control.

11. Disclaimers

The Site, its content, and the services offered through it are provided by Kustom FX Dev on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permissible by law, Kustom FX Dev makes no warranties of any kind, whether express or implied, regarding the operation of the Site or the information, content, materials, or services appearing on or offered through it. Kustom FX Dev disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that any information on it is accurate or complete, or that the Site is free of viruses or other harmful components. Your use of the Site is at your sole risk. In some jurisdictions the exclusion of certain implied warranties is not permitted, so some of the foregoing exclusions may not apply to you. Any warranties relating to paid services are addressed in the applicable Service Agreement.

12. Limitation of liability

To the fullest extent permitted by law, Kustom FX Dev and its owners, employees, officers, agents, and suppliers shall not be liable for any damages of any kind arising from or relating to your use of the Site — including direct, indirect, incidental, special, punitive, or consequential damages, and any loss of data, profits, or business — whether based in contract, negligence, or other tort, and even if Kustom FX Dev knew or should have known of the possibility of such damages. If you are dissatisfied with the Site or with any content or service you obtain through it, your sole and exclusive remedy is to discontinue using the Site. In some jurisdictions limitations of liability are not permitted, so some of the foregoing limitations may not apply to you. Where you are a paying client, our total liability is further limited as set out in your Service Agreement. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Kustom FX Dev from and against any claims, damages, losses, and reasonable expenses arising out of your misuse of the Site, your violation of these Terms, or your submission of content that infringes the rights of others or violates any law.

14. Privacy

Our collection and use of personal information through the Site is described in our Privacy Statement, which is incorporated into these Terms by reference. By using the Site, you also agree to the practices described there.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above, and significant changes will be highlighted on this page. Your continued use of the Site after an update means you accept the revised Terms.

16. Governing law

These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in North Carolina for any dispute arising out of or relating to the Site or these Terms.

17. Contact us

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