Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and AJILE Development Co, LLC (“AJILE,” “we,” “us,” or “our”) governing your access to and use of https://www.ajiledevs.com, any page that links to these Terms, our free calculators and tools, our booking and enquiry forms, and any content we provide through them (together, the “Site”).

By accessing or using the Site you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site. If you are using the Site on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to both you and that entity.

The Site is intended for businesses and for individuals acting in a professional capacity. You must be at least 18 years old and able to form a binding contract to use the Site. The Site is not directed to children, and we do not knowingly allow anyone under 16 to use it.

Free tools and calculators

We offer free tools, such as platform cost calculators, that produce estimates based on the inputs you provide and on publicly available pricing and general industry assumptions. These outputs are illustrative estimates only, provided for general information. They are not a quote, a proposal, financial, legal, tax, or accounting advice, or a guarantee of any cost, saving, or outcome. Actual costs depend on your contracts, usage, platform pricing changes, and many factors outside our knowledge. You are responsible for verifying any figure before relying on it. We may change, suspend, or discontinue any free tool at any time.

Discovery calls and enquiries

Booking a call or submitting an enquiry does not create a client relationship or obligate either party to enter into an engagement. Anything we say on a call or in follow-up correspondence is preliminary and provided without warranty until set out in a signed agreement.

Professional services

Our ecommerce development, assessment, consulting, and related professional services are provided only under a separate written agreement (such as a master services agreement, statement of work, proposal, or order form) signed or expressly accepted by both parties (a “Services Agreement”). If there is a conflict between these Terms and a Services Agreement, the Services Agreement controls for the services it covers. Pricing shown on the Site is indicative and subject to change until confirmed in a Services Agreement.

If we make an account area available, you must provide accurate information, keep your credentials confidential, and notify us promptly of any unauthorised use. You are responsible for all activity under your account. We may suspend or close accounts that violate these Terms or that have been inactive for an extended period.

You agree not to:

• Use the Site in any way that violates applicable law or regulation, or the rights of others.
• Submit false, misleading, or fraudulent information, impersonate any person or entity, or misrepresent your affiliation.
• Book calls or submit enquiries you do not intend to attend or follow through on, or use our forms to send spam, solicitations, or unrelated marketing to us.
• Access the Site through automated means (bots, scrapers, crawlers) other than well-behaved search-engine indexing, or copy, harvest, or mine data or content from the Site, including for training machine-learning models, without our written permission.
• Probe, scan, or test the vulnerability of the Site, bypass any security or access controls, or interfere with the Site’s operation or any other user’s use of it.
• Reverse engineer, decompile, or attempt to extract the source code of the Site or our tools, except where the law prohibits this restriction.
• Upload or transmit malware, or any content that is unlawful, defamatory, infringing, or harmful.
• Remove or alter any copyright, trademark, or other proprietary notice.

You retain ownership of information and materials you submit through the Site (“Submissions”). You grant us a non-exclusive, worldwide, royalty-free licence to use, store, copy, and process Submissions to respond to you, operate and improve the Site and our tools, prepare proposals, and as otherwise described in our Privacy Policy. You represent that you have the rights necessary to submit them and that they do not contain confidential information of third parties you are not permitted to share.

If you send us ideas, suggestions, or other feedback, we may use it without restriction or compensation, and you waive any claim to ownership of improvements we make based on it.

Unless covered by a signed non-disclosure agreement, information you share through the Site or on an introductory call is not treated as confidential. Please do not send trade secrets, credentials, or sensitive personal data through our public forms.

The Site and all of its content — including text, graphics, logos, design, code, tools, calculators and their underlying models, case studies, and the selection and arrangement of these — are owned by AJILE or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. The AJILE name and logo are our trademarks. Third-party names and marks on the Site (for example, platform or partner names) belong to their respective owners and are used for identification only; no affiliation or endorsement is implied.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site for your internal business evaluation purposes. All other rights are reserved. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Site without our prior written consent, other than sharing links or brief quotations with attribution.

The Site uses and links to services operated by third parties, including calendar booking, analytics, advertising, and social platforms, and may reference third-party commerce platforms and tools. Your use of those services is governed by their own terms and privacy policies. We do not control and are not responsible for third-party services, their content, or their availability, and a link does not imply endorsement.

Our Privacy Policy explains how we collect, use, and share personal information, including through cookies, analytics, and advertising technologies, and the rights available to you. By using the Site you acknowledge that policy.

THE SITE, THE FREE TOOLS, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AJILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ESTIMATE, FIGURE, CASE STUDY RESULT, OR STATEMENT ON THE SITE WILL APPLY TO YOUR BUSINESS. RESULTS DESCRIBED IN CASE STUDIES ARE SPECIFIC TO THOSE CLIENTS AND ARE NOT A PROMISE OF SIMILAR RESULTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, AJILE AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR ANY FREE TOOL, OR ANY RELIANCE ON CONTENT OR ESTIMATES PROVIDED THROUGH THEM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100). THIS LIMIT DOES NOT APPLY TO LIABILITY UNDER A SIGNED SERVICES AGREEMENT, WHICH IS GOVERNED BY THAT AGREEMENT, OR TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

The limitations in this section are a fundamental basis of the bargain between you and us and apply regardless of the theory of liability.

You agree to defend, indemnify, and hold harmless AJILE and its members, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to your Submissions, your violation of these Terms or applicable law, or your infringement of any third party’s rights.

We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or for any other reason. Sections that by their nature should survive termination (including Sections 6, 7, 10 through 12, 14, and 16) will survive.

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing a claim, you agree to contact us at hello@ajiledevs.com and attempt in good faith to resolve the dispute for at least 30 days.

Venue. Any claim not resolved informally must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.

Jury waiver and class waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Time limit. Any claim arising out of or relating to the Site or these Terms must be filed within one year after it arose, or it is permanently barred, except where the law does not permit this limitation.

We respect intellectual property rights. If you believe content on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act (17 U.S.C. §512) to hello@ajiledevs.com with the subject “DMCA Notice,” including: a description of the copyrighted work; the URL of the allegedly infringing material; your contact details; a statement that you have a good-faith belief the use is not authorised; a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act on the owner’s behalf; and your physical or electronic signature.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Site and supersede any prior agreements on that subject. They do not replace any Services Agreement.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent needed and the remainder will continue in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Electronic communications. You consent to receive communications from us electronically and agree that electronic notices, agreements, and signatures satisfy any legal requirement that they be in writing.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Export and sanctions. You represent that you are not located in, and are not a national of, a country subject to US embargo, and are not on any US government restricted-party list.
• Headings. Section headings are for convenience only and do not affect interpretation.

We may revise these Terms from time to time. The revised Terms will be posted here with an updated “Last updated” date and take effect when posted, unless a later date is stated. For material changes we will provide reasonable additional notice. Your continued use of the Site after changes take effect means you accept them.

AJILE Development Co, LLC
Miami, Florida, United States
hello@ajiledevs.com

Privacy questions and requests should go to privacy@ajiledevs.com — see our Privacy Policy.