Terms of Service
These terms govern your use of ko-ko.dev and describe the framework under which KDMT, LLC provides development services. They are not themselves a contract to perform work — that is a separate signed agreement for each project.
Contents
1. Agreement to these terms
By using this website you agree to these terms. If you do not agree, please do not use the site. The site is operated by KDMT, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, United States.
2. The website
We provide the content on this site for general information. We try to keep it accurate and current, but we make no warranty that it is complete, error-free or continuously available, and we may change or withdraw any part of it at any time.
Prices shown on this site are indicative starting points in US dollars, not offers capable of acceptance. A binding price exists only in a signed proposal or statement of work.
3. Enquiries and quotes
Submitting a form creates no obligation on either side. We will normally respond within one business day. A quote we issue is valid for 30 days unless it says otherwise, and is based on the scope described at that time.
4. How projects are engaged
Each project is governed by a separate written agreement — a proposal, statement of work or master services agreement — signed by both parties. That agreement sets out the scope, deliverables, milestones, fees, payment schedule, acceptance criteria and warranty period, and prevails over these terms if they conflict.
Unless the signed agreement says otherwise: work proceeds in milestones; each milestone is delivered for review; and you have ten business days to accept it or give written notice of what does not meet the agreed specification.
5. Your responsibilities
- Provide content, access, credentials and feedback within a reasonable time. Delays on your side move the delivery dates accordingly.
- Nominate one person who can approve decisions on your behalf.
- Make sure you have the rights to any material you give us — text, images, trademarks, data or code.
- Keep your own backups of anything we hand over to you.
6. Intellectual property
Our site. The design, text, code and graphics of ko-ko.dev belong to us. You may view and share them, but not copy or reuse substantial parts without our written permission.
Project deliverables. On full payment, all intellectual property rights in the deliverables we create specifically for you transfer to you. We keep ownership of our pre-existing tools, libraries and know-how, and grant you a perpetual, worldwide, royalty-free licence to use them as part of the deliverables.
Third-party components. Deliverables may include open-source or licensed third-party components, which remain subject to their own licences. We will tell you which ones apply.
Portfolio. We may describe and show the work publicly unless the signed agreement says we may not. We never disclose confidential information in doing so.
7. Fees and payment
Fees, currency and schedule are set in the signed agreement. Our standard terms are described in the Payment & Refund Policy, which forms part of these terms.
8. Confidentiality
Each side will keep the other's non-public information confidential and use it only for the project. This does not apply to information that is already public, independently developed, or required to be disclosed by law. We will sign your own NDA on request.
9. Warranty and disclaimer
We warrant that services will be performed with reasonable skill and care, and that deliverables will materially conform to the agreed specification during the warranty period stated in the signed agreement. Within that period we will fix defects at no charge.
Beyond that warranty, and to the fullest extent permitted by law, the website and our services are provided “as is”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that software will be uninterrupted or error-free, and we give no guarantee of any commercial result — including revenue, rankings, downloads, player numbers or conversion rates.
10. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, revenue, data or goodwill, even if advised such loss was possible.
Our total aggregate liability arising out of or relating to a project is limited to the fees you actually paid us for that project in the twelve months before the event giving rise to the claim. For use of this website alone, where no fees have been paid, our liability is limited to USD 100.
Nothing in these terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.
11. Term and termination
Either party may terminate a project agreement on 14 days' written notice, or immediately if the other materially breaches and does not fix it within 14 days of being told. On termination you pay for work completed and costs committed up to that date, and we hand over everything produced and paid for.
12. Governing law and disputes
These terms and any project agreement are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. The courts located in Delaware have exclusive jurisdiction, and both parties submit to it.
Before starting proceedings, both sides agree to try in good faith to resolve the dispute by discussion for 30 days. If you are a consumer, this clause does not deprive you of the protection of mandatory laws of your country of residence.
13. General
If any provision is found unenforceable, the rest stays in force. A failure to enforce a right is not a waiver of it. You may not assign a project agreement without our written consent; we may assign it to a successor of our business. Neither party is liable for delay caused by events outside its reasonable control. These terms, plus the signed agreement and the policies linked from this site, are the entire agreement between us.
We may update these terms. The version in force is the one published here on the date your signed agreement is dated, or for website use, the version published when you use the site.
Contact
Questions about this document go to hello@ko-ko.dev, or by post to KDMT, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, United States.