Last updated: 5 Apr. 2025
This TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Andify OÜ, a company organized under the laws of Estonia, with its address at Luha 2-6, 50703, Tartu, Estonia (“Andify OÜ”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Andify OÜ’s website: https://avastu.dev/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Andify OÜ shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Andify OÜ for services rendered shall remain and continue to be an ongoing obligation owed by Client to Andify OÜ.
Unless otherwise indicated, the Website is the property of Andify OÜ. All source code, databases, functionality, software, website development assets, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Andify OÜ and are protected by copyright, trademark laws, and any other applicable intellectual property law or regulation. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without Andify OÜ’s express prior written permission. Andify OÜ reserves all rights in the Website, Content, and Marks.
Notwithstanding Andify OÜ’s ownership of Submissions as described in Paragraph 6, all development work and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Andify OÜ to become the owner of a Project, in whole or in part, rather than Client, Andify OÜ irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Andify OÜ as examples or as material to be incorporated into a project during the development process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Andify OÜ reserves the right to share the Client’s development work publicly (social media, website, etc.) unless agreed otherwise as stated in Section 18 of this document.
In the event that any Project incorporates fonts that are not owned by Andify OÜ and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Andify OÜ will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said fonts. Said notice will include sufficient information for Client to identify which licenses are required and whom to contact in order to purchase them. So long as Andify OÜ has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of Client’s failure to purchase the required licenses.
By using the Website, Client represents and warrants that:
Client shall not access or use the Website for any purpose other than that for which it is provided. The Website may not be used in connection with any commercial endeavors except those related to the development work performed by Andify OÜ on behalf of the Client. Further, Client agrees to refrain from the following activities:
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Andify OÜ. Andify OÜ is under no obligation to keep a Submission confidential or take steps necessary to ensure its confidentiality. Andify OÜ shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and may use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to Client. Client agrees that it has the right to articulate and provide the Submission and hereby waives all claims and recourse against Andify OÜ for its use of the Submission as described herein.
Andify OÜ reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to any violation of these Terms of Use or any applicable law, statute, or regulation. Andify OÜ further reserves the right to restrict or deny access to the Website or disable Client’s use of the Website, at its sole discretion and without notice or liability to Client. All decisions regarding the management of the Website shall be designed to protect Andify OÜ’s rights and property.
By using the Website, Client agrees to be bound by the Privacy Policy and the terms set forth therein, which are adopted and incorporated herein. The Website is hosted in the United States. Access to the Website from the EU, Asia, or other regions may result in the applicability of differing laws, statutes, or regulations regarding personal data collection, use, or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent to such transfer and processing of data by Andify OÜ. Andify OÜ does not knowingly accept or solicit information from individuals under the age of 18. In accordance with applicable laws, should Andify OÜ learn that an individual under the age of 13 has provided personally identifiable information without parental consent, Andify OÜ shall delete that information as soon as reasonably practical.
Andify OÜ reserves the right to deny refunds at its sole discretion and without notice or liability to Client. Refund requests will be assessed on a case-by-case basis. Should Client request a refund during the first month of use, all materials produced by Andify OÜ remain the property of Andify OÜ and shall not be used by Client in any manner. If a refund is deemed appropriate, a 25% fee will be applied to the remaining billable period. Furthermore, transaction fees associated with the payment processor will not be refunded. Andify OÜ reserves the right to pursue legal action against Client for breach of this provision.
Andify OÜ reserves the right to change, alter, modify, amend, or remove any content on the Website for any reason at its sole discretion. Andify OÜ also reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
Andify OÜ does not guarantee that the Website will be available or accessible at all times. Issues with hardware, software, or other factors may result in interruption, delays, or errors beyond Andify OÜ’s control. Client agrees that Andify OÜ shall not be liable for any loss, damage, or inconvenience resulting from Client’s inability to access or use the Website during any interruption in service.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.
Any legal action arising out of or related to this Agreement shall be brought in the state courts of Washington County, Maryland, or in the United States District Court for the District of Maryland. The parties consent to personal jurisdiction in such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly excluded from these Terms of Use.
The Website is provided on an “as-is” and “as-available” basis. Client agrees that its use of the Website and services is at its sole risk. Andify OÜ disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Andify OÜ makes no warranties regarding the accuracy or completeness of the Website’s content or that it will be uninterrupted, error-free, or free from harmful components.
Andify OÜ and its directors, employees, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages—including, without limitation, lost profit, revenue, data, or any other damages—arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless Andify OÜ and its subsidiaries, affiliates, officers, agents, partners, employees, and independent contractors from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) arising from:
Client is solely responsible for all data transmitted to or generated through its activities on the Website. Andify OÜ shall have no liability for any loss or corruption of such data, and Client hereby waives any right of action against Andify OÜ for any such loss or corruption.
Client hereby consents to receive electronic communications from Andify OÜ. Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communications be in writing. Client further agrees to the use of electronic signatures, contracts, orders, and records, and to the electronic delivery of notices, policies, and transaction records initiated or completed by Andify OÜ. Client waives any rights or requirements under applicable statutes or regulations that mandate original signatures or non-electronic record retention.
Client agrees to assume full responsibility for any unauthorized use of images, fonts, or other content displayed on its website, communication channels, or other mediums. It is the sole responsibility of the Client to ensure that all utilized content is properly licensed. While Andify OÜ may, in some circumstances, hold appropriate licenses for specific materials used in development projects (for example, use of Elementor on WordPress or ShadCN/Tailwind in Svelte projects), such licenses are not transferrable to the Client unless expressly stated in writing.
Andify OÜ reserves the right to share completed development work on digital channels—including social media and its website—unless otherwise agreed in writing. Should the Client require confidentiality regarding their projects, the Client may execute a non-disclosure agreement (NDA) with Andify OÜ, which would void Andify OÜ’s right to publicly share or discuss the Client’s work.
Referral tracking and payouts are handled through our third-party partner, affonso.io.
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between Client and Andify OÜ. Failure of Andify OÜ to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to create a joint venture, partnership, employment, or agency relationship between Client and Andify OÜ.
For any questions or complaints regarding the Website, please contact Andify OÜ at: hello@avastu.dev.
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Headquartered in Tartu, Estonia