Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and AM Now Developers ("AM Now Developers," "we," "us," or "our"), a business entity operating in the State of Texas, governing your access to and use of the AM Now Developers website at amnowdevelopers.com and all related services, including the Client Portal, managed hosting, website development, maintenance, AI and analytics services, government technology services, and support services (collectively, the "Services").

By (a) accessing or using our website, (b) registering for a Client Portal account, (c) executing a service agreement, statement of work, or proposal, (d) making a payment for any service, or (e) electronically signing any AM Now Developers document, you represent that you have read, understood, and agree to be bound by these Terms.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such event "you" and "your" refers to that entity.

2. Services Provided

AM Now Developers provides a range of professional technology services, including but not limited to:

• Managed Hosting: Website hosting, domain registration, SSL certificates, CDN, uptime monitoring, and server management.
• Website Development: Custom website design and development, e-commerce, CMS integration, and web applications.
• AI and Automation: AI-powered systems, workflow automation, natural language processing, and machine learning integration.
• Analytics and Intelligence: Data analytics platforms, dashboards, reporting systems, and business intelligence solutions.
• Government Technology: Federal contracting support, government portal development, compliance-focused systems, and public sector IT solutions.
• Custom Software Development: Backend APIs, database design, system integrations, and enterprise applications.
• Maintenance and Support: Ongoing website maintenance, security updates, content updates, and technical support.
• SEO Services: Search engine optimization, keyword strategy, technical SEO audits, and performance optimization.

Specific services, deliverables, timelines, and pricing are defined in individual Proposals, Statements of Work (SOWs), or Hosting Agreements, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and a signed SOW or service agreement, the signed document controls with respect to the specific engagement described therein.

3. Eligibility

Our Services are intended for businesses, organizations, and individuals who are at least 18 years of age and have the legal capacity to enter into a binding contract. By using our Services, you represent that you meet these requirements.

Government and federal contractor clients are subject to additional compliance requirements that may be specified in their individual service agreements. AM Now Developers holds active SAM.gov registration and complies with applicable federal acquisition regulations.

4. Account Registration and Client Portal Access

Access to the AM Now Developers Client Portal at amnowdevelopers.com/client/ requires account registration. You are responsible for:

• Providing accurate, current, and complete information during registration.
• Maintaining the security and confidentiality of your login credentials.
• Restricting access to your account to authorized personnel only.
• Notifying us immediately of any unauthorized access to your account.
• All activities that occur under your account.

You may not share your account credentials with third parties or create accounts under false identities. AM Now Developers reserves the right to suspend or terminate accounts that violate these requirements.

New accounts may be required to complete password setup, multi-factor authentication enrollment, and onboarding steps before full portal access is granted. Access to managed services is conditional on payment of applicable fees as verified through our payment processing system.

5. Acceptable Use Policy

By using our Services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree that your use of the Services will not:

• Violate any applicable federal, state, or local law, regulation, or ordinance.
• Infringe the intellectual property rights, privacy rights, or other rights of any third party.
• Transmit, store, or distribute content that is defamatory, harassing, threatening, obscene, or fraudulent.
• Compromise the security, integrity, or availability of our systems or third-party systems.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Attempt to gain unauthorized access to any portion of our systems, accounts, or databases.
• Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.

6. Prohibited Activities

The following activities are strictly prohibited when using our Services or hosting infrastructure:

• Hosting, transmitting, or distributing malware, ransomware, spyware, or other malicious software.
• Sending spam or unsolicited commercial communications in violation of the CAN-SPAM Act or other applicable law.
• Hosting content that sexually exploits minors or violates the PROTECT Act.
• Operating phishing sites, fraudulent storefronts, or deceptive services.
• Mining cryptocurrency using our hosting resources without prior written authorization.
• Attempting to reverse-engineer, decompile, or disassemble our platform software.
• Using our Services to facilitate illegal gambling, drug sales, or other illegal commerce.
• Conducting port scans, network enumeration, or vulnerability testing against third-party systems from our infrastructure.
• Misrepresenting your identity, affiliation, or the nature of communications sent through our systems.

Violation of these prohibitions may result in immediate service suspension, account termination, and may be reported to appropriate law enforcement authorities.

7. Managed Hosting Services

Uptime and Availability

AM Now Developers targets 99.9% uptime for managed hosting services (excluding scheduled maintenance windows). Uptime is calculated on a monthly basis. Scheduled maintenance will be communicated at least 24 hours in advance when possible, and will be performed during low-traffic periods.

Resource Usage

Hosting plans include defined resource allocations (storage, bandwidth, processing). Excessive resource consumption that materially degrades performance for other customers is subject to resource throttling or upgrade requirements. We will provide reasonable notice before imposing such limitations.

Backups

Automated backups are performed as described in the applicable Hosting Agreement. Backups are provided as a convenience and do not replace the Client's obligation to maintain their own independent backups of critical data and files. AM Now Developers does not guarantee that backup restoration will be successful in all circumstances.

Security Patching

We perform routine security patching of server infrastructure. Clients are responsible for maintaining the security of their own web application code, CMS installations, plugins, and credentials. AM Now Developers may suspend access to hosting accounts that are determined to be actively compromised and being used to distribute malware or attack other systems.

Client Content

You retain full ownership of all content and data hosted on our infrastructure. We do not claim any ownership rights over client content. We will not access, view, copy, or use client content except as necessary to provide the Services or comply with legal requirements.

8. Website Development Services

Scope and Deliverables

Development engagements are governed by individual Proposals or Statements of Work (SOWs) that define the scope, deliverables, timeline, revision allowances, and payment schedule. Work outside the defined scope is subject to a Change Request process and may require additional fees.

Client Responsibilities

Timely delivery of development projects depends on Client cooperation. Client is responsible for providing content, assets, approvals, access credentials, and feedback within agreed timeframes. Delays caused by Client inaction may extend project timelines and may not reduce fees owed.

Revisions

Each project includes a defined number of revision rounds as specified in the SOW. Additional revisions beyond the included allowance are billed at the standard hourly rate. A revision is defined as changes to previously approved work; changes to project scope are handled as Change Requests.

Project Acceptance

Upon project completion, the Client will be given an opportunity to review deliverables and sign a Final Website Acceptance document. Failure to respond to a completion notification within 10 business days constitutes acceptance. Following acceptance, ongoing changes are billed as maintenance or new development work.

Launch and Deployment

AM Now Developers will deploy completed websites to the agreed hosting environment upon Client acceptance and payment of any outstanding balance. We are not responsible for delays caused by third-party domain registrars, DNS propagation times, or Client-controlled systems.

9. Maintenance and Support Services

Maintenance Plans

Maintenance plans are subscription services that provide defined monthly services including software updates, content updates, security monitoring, and technical support. The specific services included in each plan tier are described in the applicable Maintenance Agreement.

Support Response Times

Support response times vary by plan tier (Standard, Priority, Premium) as defined in the Support SLA document. Emergency support for critical issues (complete site outages, active security breaches) is available to all active clients via the emergency support contact. Response times are business day targets and not guarantees.

Exclusions

Maintenance plans do not cover damage caused by Client modifications, third-party plugin conflicts introduced by Client-initiated updates, hacking or security breaches resulting from Client credential exposure, or new feature development. Additional work outside the plan scope is quoted and billed separately.

10. Payment Terms

Payment terms are determined by the service type and billing plan selected:

Hosting Services

Managed hosting is billed monthly or annually, as selected at signup. Annual plans are billed in full at the start of the subscription period. Monthly plans are billed in advance on the monthly anniversary of the subscription start date. All hosting fees are processed automatically via Stripe using the payment method on file.

Development and Professional Services

Development engagements typically follow a milestone-based payment schedule as defined in the SOW. A deposit (typically 25–50% of total project value) is required before work begins. Remaining payments are tied to milestone completion and/or project delivery. Final payment is due upon completion and before deployment to production.

Payment Processing

All payments are processed through Stripe, a PCI DSS compliant payment processor. By providing payment information, you authorize AM Now Developers to charge your payment method for all applicable fees. You represent that you are authorized to use the payment method provided.

Invoices

Invoices are provided through the Client Portal and by email. Invoices are due upon receipt unless a different due date is specified. You are responsible for maintaining an accurate billing email address in your account settings.

Price Changes

AM Now Developers reserves the right to change pricing for ongoing services with 30 days' written notice. Price changes for existing subscription plans will take effect at the next billing cycle following the notice period. You may cancel your subscription within the notice period if you do not accept the new pricing.

11. Late Payments

Invoices not paid within 15 days of the due date are considered past due. For past-due accounts:

• A late fee of 1.5% per month (18% per annum) may be assessed on past-due balances, to the maximum extent permitted by applicable Texas law.
• Access to managed services through the Client Portal may be restricted until outstanding balances are resolved.
• Hosting services may be suspended after 30 days of non-payment, with 7 days' written notice provided before suspension.
• Hosting services may be terminated after 60 days of non-payment, with all Client data removed following an additional 14-day data retrieval period.

AM Now Developers reserves the right to pursue collection of unpaid amounts, including through collection agencies and legal action. You agree to pay all reasonable costs of collection, including attorney's fees, if permitted by applicable law.

12. Cancellation

Hosted Services

Monthly hosting subscriptions may be cancelled at any time with written notice through the Client Portal or to billing@amnowdevelopers.com. Cancellations take effect at the end of the current billing period. No pro-rata refunds are provided for partial monthly periods.

Annual hosting subscriptions may be cancelled at any time; pro-rata refunds for the unused portion of the annual term will be provided according to the Refund Policy, less any applicable early termination fees specified in the Hosting Agreement.

Development and Project Services

Development projects may be cancelled by either party with written notice. In the event of Client cancellation, you are responsible for payment of all work completed to date plus any non-refundable third-party costs incurred on your behalf. Deposits are non-refundable once work has commenced unless AM Now Developers cancels the engagement.

Maintenance Plans

Maintenance subscriptions may be cancelled at any time. Cancellation takes effect at the end of the current monthly period. Fees already paid for the current period are not refunded.

Data Upon Cancellation

Upon cancellation of hosting services, Client has 30 days to retrieve website files and database backups. AM Now Developers will provide reasonable assistance in migrating to a new provider. After the 30-day retrieval period, data is deleted from our systems and is no longer recoverable.

13. Refunds

Refund eligibility is determined by service type and circumstances. Please refer to our Refund Policy for complete details. A summary of refund eligibility:

• Managed Hosting (new clients): 30-day money-back guarantee on first payment.
• Managed Hosting (ongoing): Pro-rata refund for unused time on annual plans upon cancellation.
• Domain Registration: Non-refundable. ICANN policies do not permit refunds on registered domains.
• Development Projects: Deposits non-refundable after work begins; partial refunds for cancellation before completion are evaluated case by case.
• Maintenance Plans: Not refundable for the current billing period.
• Billing Errors: Full refund of erroneously charged amounts, promptly upon confirmation.

To request a refund, submit a written request to billing@amnowdevelopers.com or through the Client Portal. Approved refunds are processed within 5–10 business days via the original payment method.

14. Intellectual Property

Client Content

You retain full ownership of all content, data, images, text, trademarks, and materials that you provide to AM Now Developers. You grant AM Now Developers a limited, non-exclusive license to use your content solely to the extent necessary to provide the Services under these Terms.

Work Product

Upon receipt of full payment for a development project, AM Now Developers assigns to you all rights, title, and interest in the custom code, designs, and deliverables created specifically for you as part of that project. This assignment covers only the custom work product delivered to you and does not include:

• Proprietary tools, frameworks, or libraries used in development that AM Now Developers owns or has licensed from third parties.
• Open-source components, which are licensed under their respective open-source licenses.
• Pre-existing AM Now Developers intellectual property, templates, or code libraries.
• Third-party themes, plugins, or software products licensed separately.

AM Now Developers retains the right to use general skills, knowledge, and techniques acquired during performance of services, and may display completed work in portfolio and marketing materials unless Client expressly requests otherwise in writing before project completion.

AM Now Developers Platform

The AM Now Developers website, Client Portal software, administrative systems, proprietary processes, and all related materials are the exclusive property of AM Now Developers. No license to AM Now Developers platform software is granted to Clients beyond the right to use the Services as provided.

15. Confidentiality

Each party may receive confidential information from the other party in the course of the business relationship ("Confidential Information"). Each party agrees to: (a) hold the other's Confidential Information in strict confidence; (b) not disclose Confidential Information to third parties without prior written consent; (c) use Confidential Information only as necessary to perform obligations under these Terms or applicable service agreements; and (d) protect the confidentiality of the other's information with at least the same degree of care used for 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) is independently developed without reference to Confidential Information, (c) is received from a third party without restriction, or (d) is required to be disclosed by law or court order (provided the disclosing party gives prompt written notice to the other party, to the extent permitted).

Confidentiality obligations survive termination of these Terms for a period of three (3) years, except that obligations with respect to trade secrets survive indefinitely.

16. Third-Party Services and Integrations

Our Services may involve the use of third-party services, including Stripe for payment processing, Google Analytics for website analytics, cloud infrastructure providers, email service providers, and domain registrars. Your use of third-party services is subject to those parties' own terms of service and privacy policies. AM Now Developers is not responsible for the practices, terms, or availability of third-party services.

If your project requires integration with third-party platforms (e.g., CRM systems, e-commerce platforms, payment gateways, government databases), your compliance with those platforms' terms is your responsibility. AM Now Developers will advise on integration approaches but does not assume compliance obligations for third-party platforms.

17. Limitation of Liability

AM Now Developers' total cumulative liability to you for any and all claims arising from or related to these Terms or the Services shall not exceed the total fees paid by you to AM Now Developers in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you to the full extent. In such cases, AM Now Developers' liability is limited to the maximum extent permitted by applicable law.

The limitations of liability in this section apply regardless of the legal theory under which recovery is sought, whether in contract, tort, strict liability, warranty, or otherwise, and even if the remedy provided fails of its essential purpose.

18. Warranty Disclaimer

You acknowledge that AM Now Developers has no control over third-party services, internet connectivity, or force majeure events, and makes no warranties with respect to factors outside its reasonable control.

Any warranties expressly made in a signed service agreement or SOW are additional to, and may expand, the disclaimers in this section with respect to the specific engagement described therein.

19. Indemnification

You agree to indemnify, defend, and hold harmless AM Now Developers and its officers, directors, employees, agents, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services in violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Content you provide, publish, or transmit through our Services;
• Your negligence or willful misconduct; or
• Any security incident that results from your failure to maintain secure credentials or promptly report a suspected breach.

AM Now Developers will give you prompt written notice of any claim subject to this indemnification and will cooperate reasonably in the defense of the claim at your expense. AM Now Developers reserves the right to assume exclusive control of the defense at its own cost.

20. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, power outages, internet outages, acts or omissions of third-party service providers (including cloud infrastructure providers, domain registrars, and payment processors), fire, flood, or other catastrophic events ("Force Majeure Event").

The affected party shall provide prompt written notice of the Force Majeure Event and use commercially reasonable efforts to resume performance as quickly as possible. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate the affected services by written notice without further liability, subject to payment for services rendered before the Force Majeure Event.

21. Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve disputes informally by contacting the other party in writing and providing a detailed description of the dispute. The parties will negotiate in good faith for a period of at least 30 days before proceeding to arbitration.

Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, including any question regarding their existence, validity, or termination, shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall be conducted in Texas (or, at the election of the Client, by remote hearing). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AND AM NOW DEVELOPERS EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Small Claims Exception

Either party may bring claims in small claims court of competent jurisdiction if the claim qualifies, in lieu of arbitration.

Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

22. Governing Law and Jurisdiction

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. For any disputes not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Texas.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

23. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy, applicable SOWs, Hosting Agreements, and other service-specific agreements, constitute the entire agreement between you and AM Now Developers with respect to the Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties.

Severability

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

Waiver

No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of AM Now Developers. Failure to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that provision.

Assignment

You may not assign your rights or obligations under these Terms without the prior written consent of AM Now Developers. AM Now Developers may assign these Terms or any rights hereunder without restriction in connection with a merger, acquisition, or sale of substantially all of its assets.

Notices

Notices to AM Now Developers should be sent to legal@amnowdevelopers.com. Notices to Client will be sent to the email address associated with your account. Notices are effective upon delivery.

Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties.

24. Changes to Terms

AM Now Developers reserves the right to modify these Terms at any time. When we make material changes, we will provide notice by (a) updating the "Last Updated" date at the top of this page, (b) sending an email to the address associated with your account, or (c) displaying a notice in the Client Portal.

Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services and cancel any active subscriptions before the effective date of the revision.

We encourage you to review these Terms periodically. You can always find the current version at amnowdevelopers.com/terms/.

25. Contact Information

For questions about these Terms of Service, billing, or your account: