Terms of Use

Last updated: 21 Jan 2025

David Potter Studio, LLC and/or its affiliates ("David Potter", "we" or "us") operate a software development studio and consulting service ("Studio") at davidpotterstudio.com from which you may inquire about receiving such services.

These Terms of Use apply to the content and functionality of the Studio, and to the Studio services. These Terms of Use do not apply to invoicing and payment processing services where we provide detailed information about the services you requested and to collect payment for rendered services.

Information that you provide to us

You may give us information about yourself when you visit the Studio. Our Privacy Policy explains our practices with respect to that information. We may need to send you email in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Studio and provide your contact details.

Studio IP

As between you and David Potter, David Potter and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Studio (collectively, "Studio IP"). Studio IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Studio IP not expressly granted to you in these Terms of Use are reserved.

Access to Studio

David Potter grants you a limited, revocable, non-exclusive, non-transferable license to access the Studio. This license does not include a right to use any of the content and information, including product listings. You may not use our logo in any way.

Services, Content and Specifications

Our service offerings on the Studio site are presented as typical starting prices. We reserve the right to negotiate with you to determine the fixed cost or hourly rate to be applied for rendered services based on the complete specifications of th project(s) and the complexity of the work involved.

Your account

You do not require an authenticated account to access the Studio site. However, an account with your billing information will be created on your behalf with Harvest (a payment processing platform). The minimum amount of information we collect is your name, your company name, and your company email address.

Privacy Policy

We do not collect any private or personal information on the Studio site for any purpose. We may receive only the information and metadata you provide when contacting us by email. We do not use cookies or any other tracking technologies on the Studio site.

We do collect information about your business outside of the Studio site in order to consult on the services you are inquiring about and render services to you. We do not share this information with any third parties.

We provide invoices to the business contact information you provide to us from the Harvest platform for payment processing. Some payment methods are facilitated with a Stripe integration. We do not store any payment information on the Studio site.

Service Deliverables

We will deliver the services to you in accordance with the specifications agreed upon in writing. We will use reasonable efforts to meet the estimated delivery date, but we cannot guarantee that the services will be delivered by that date.

Returns & Refunds

We do not offer refunds for services rendered. If you are not satisfied with the services provided, please contact us at david@davidpotterstudio.com to discuss your concerns.

Cancellation

You may not cancel specified services before or after a specified project has begun and a binding agreement is in place. Resources have been dedicated to your project, and we have turned away other potential clients to accommodate your project. If you have concerns about the project, please contact us at david@davidpotterstudio.com to discuss your concerns.

Limitation of liability

David Potter Studio, LLC will not be liable for any indirect, special, incidental, or consequential damages arising out of any use of the Studio, or any other matter relating to the Studio.

Applicable Law & Legal Disputes

Any dispute or claim relating in any way to your use of the Studio will be resolved in the jurisdiction of the State of Missouri. Any and all legal fees will be incurred by you.

Modification and severability

We reserve the right to make changes to the Studio, our policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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