Terms of Service

Client Agreement

This agreement establishes a contract between XPRESS Tech Creations LLC ("Company") and the individual or entity agreeing to participate as a client ("Client")

Services Requested

The Client has requested one or more development services meeting the standards contained within this agreement:

- iOS mobile application development
- Android mobile application development

- Website development
- Continuous support and marketing of all developments after completion

The Developer is engaged in the fulfilling of such services and holds all the necessary tools to obtain the needed results of this agreement.

Employment

The Client wishes to engage the Company for services as an independent contractor for the sole purpose of fulfilling this development agreement. The Company is, for the sake of this development agreement, an independent contractor and under no condition shall be considered an employee of the Company.

Deliverables

The Client has appointed the Company to perform the services pertaining to this development agreement. the Company agrees to provide information on all development statuses requested by the Client. the Company agrees to provide the Client with a continuance of support for all developments until termination of agreement. The support provided shall be inclusive of any repairs and updates related to the software.

Compensation

The Client agrees that the fees listed in this development agreement are fair and just for the services being provided by the Developer. All fees shall be invoiced to the Client. Invoice payments will be due to the Developer no later than 14 days after the Client is invoiced.

Fees

Taxes may be applied to final invoice amounts. Additional fees from Stripe, Google, Apple and Strikingly services may apply.

Refund Policy

All sales are final. Refunds may be given at the Company's discretion.

Term

This development agreement shall become effective as of the agreement date and will continue until all services are completed and approved by the Client or termination is requested by either party.

Client Responsibilities

(1) The Client shall pay all outstanding invoices due to the Company.
(2) The Client shall respond to all communication from the Company by phone call, text messaging, video chat or email no later than 14 days after last communication.
(3) The Client shall provide all needed support, assistance, information and services requested by the Company for the completion of this development agreement.
(4) The Client gives the Company the right to use any technology or content developed under this agreement for business purposes indefinitely.

Confidentiality

The Company will hold specific materials at a level of the highest confidence during this agreement. This is limited to any internal Client data and trade secrets.

Warranties

The Company has full authority to perform any and all deliverables contained in this development agreement. This agreement is legally binding and enforceable as such. The Company retains the right to dictate all methods and manners by which the services included in this agreement are performed. The services performed shall be done by the Company in a legally acceptable manner and shall not violate any local or federal laws and regulations. The Client or the Company may be responsible for any hiring, supervising, or payment of any individuals assisting The Company in this agreement. The Client or the Company shall remain responsible for any employees they hire and expenses they incurred during this agreement.

Assignment

The Client does not reserve the right to assign this agreement without prior written consent between the parties. The Company may assign, subcontract or delegate any portion of this development agreement without prior written consent between the parties.

Indemnification

The Company shall indemnify and hold the Client and affiliates of the Client harmless for any and all damages, losses, expenses, claims, liabilities and judgments that may arise from the result of The Company’s own misconduct or negligence. The Client shall indemnify and hold the Company and affiliates of the Company harmless for any and all damages, losses, expenses, claims, liabilities and judgments that may arise from the result of the Client’s own misconduct or negligence.

Intellectual Property

The Client acknowledges any and all text, photos, trademarks, designs or other artwork given to the Company is the Client’s rightful property and they have the appropriate permissions to use products as such. In the instance the Client becomes aware of any infringement taking place, the Client will be responsible for notifying the Company as well as seeking the needed permissions.

Modification

The Company may modify this Agreement at any time. Continued participation in the agreement after changes are posted shall constitute the Affiliate’s acceptance of the modifications.

Termination

This client agreement may be terminated by either party for the following reasons:

(1) Breach of any terms and conditions contained within this agreement.
(2) The Client receives a conviction of a crime or files for bankruptcy during this agreement.
(3) The Company considers the relationship with the Client hostile, unsafe or a conflict of interest.

Termination Responsibilities

Upon request by either party to terminate this agreement, the Company will submit an invoice to the Client for all services completed to date. The Client shall pay all outstanding invoices due to the Company no later than 14 days after final invoice is received to fulfil agreement termination. The Client may lose access to technology and content developments after agreement is terminated. The Company retains the right to use any technology or content developed under this agreement for business purposes after agreement is terminated.

Force Majeure

Neither party shall be considered in default or breach of contract in the instance of any delay pertaining to an act of God such as fire, explosion, flood or acts out of the control of such party such as riot, war or terrorism. In the event of such acts occurring the party is expected to notify the remaining party of such actions as well as a resolution date. Any and all notifications pertaining to this development agreement shall be delivered via phone call, text messaging, video chat, email or in-person.

Client Covenant Not to Sue

The Client or any affiliate agrees to not sue, file, claim or cause any legal action against the Company. Any such action shall be dismissed upon application and shall be referred for arbitration. The Client agrees to pay all upfront legal, transportation, food, housing and security expenses incurred by the Company in response to arbitration or litigation, and acknowledges that arbitration or litigation may not proceed until such payments are made in full.

Governing Law

This agreement shall be governed by the laws of Tennessee and/or Georgia. Any and all arbitrations and litigations pertaining to this agreement shall be under the jurisdictions of Paulding County, Georgia, Douglas County, Georgia or Cobb County Georgia. The Client agrees to pay all upfront legal, transportation, food, housing and security expenses incurred by the Company before, during and following arbitration or litigation.

Severability

In the instance any terms or conditions contained within this development agreement are found to be ineffective or unenforceable by the court of law the parties shall have the ample opportunity to replace that term with a likewise enforceable term. All remaining terms and conditions shall remain in full effect.

Client Agreement Confirmation

This client agreement constitutes as the complete and final agreement between the parties. This agreement shall supersede any and all previously entered agreements whether written or oral between the parties. You understand and agree that we may change this agreement at any time without prior notice. The parties hereby acknowledged the receipt and understanding of this agreement in its entirety.

Affiliate Agreement

This Affiliate Agreement ("Agreement") is made and entered into by and between XPRESS Tech Creations LLC ("Company") and the individual or entity agreeing to participate as an affiliate marketer ("Affiliate").

Purpose

Affiliate agrees to promote the Company’s technology services in exchange for a commission on new subscription sales, in accordance with the terms outlined below.

Affiliate Obligations

- Affiliate agrees to actively promote the Company’s services through one or more of the following efforts:

- Adding a unique affiliate tracking link to their online profiles or bios.

- Creating and sharing promotional content (e.g., social media posts, videos, blog posts, etc.).

- Hosting events or online sessions focused on the benefits of the Company’s services.

- Networking within their personal and professional circles to drive awareness and generate referrals.

Affiliate shall not engage in any false, misleading, or unethical marketing practices and agrees to comply with all applicable laws and regulations.

Commission Structure

- The Affiliate shall earn a 10% commission on all new subscription sales referred through their unique affiliate link.

- No commission will be paid for recurring subscription payments.

- Commission is calculated based on the total gross value of new subscription sales, excluding taxes and refunds.

Payout Terms

- Payouts are processed between the 10th and 15th of each month, covering sales generated in the previous calendar month.

- Payouts will be made via Apple Pay or another agreed-upon payment method.

- Minimum payout threshold may apply (e.g., $25) — any unpaid balance below this threshold will roll over to the next month.

Term and Termination

- This Agreement shall begin on the date the Affiliate is accepted into the program and will continue until terminated.

- The Affiliate may terminate this Agreement at any time with written notice to the Company.

- The Company may terminate this Agreement at any time and for any reason, with or without notice.

Independent Contractor

The Affiliate is an independent contractor and not an employee, partner, or agent of the Company. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship.

Limitation of Liability

The Company shall not be liable for any indirect, special, or consequential damages arising in connection with this Agreement. The Company makes no guarantees regarding the success or profitability of the Affiliate’s promotional efforts.

Modification

The Company may modify this Agreement at any time. Continued participation in the program after changes are posted shall constitute the Affiliate’s acceptance of the modifications.

Force Majeure

Neither party shall be considered in default or breach of contract in the instance of any delay pertaining to an act of God such as fire, explosion, flood or acts out of the control of such party such as riot, war or terrorism. In the event of such acts occurring the party is expected to notify the remaining party of such actions as well as a resolution date. Any and all notifications pertaining to this development agreement shall be delivered via phone call, text messaging, video chat, email or in-person.

Affiliate Covenant Not to Sue

The Affiliate or any affiliate agrees to not sue, file, claim or cause any legal action against the Company. Any such action shall be dismissed upon application and shall be referred for arbitration. The Affiliate agrees to pay all upfront legal, transportation, food, housing and security expenses incurred by the Company in response to arbitration or litigation, and acknowledges that arbitration or litigation may not proceed until such payments are made in full.

Governing Law

This agreement shall be governed by the laws of Tennessee and/or Georgia. Any and all arbitrations and litigations pertaining to this agreement shall be under the jurisdictions of Paulding County, Georgia, Douglas County, Georgia or Cobb County Georgia. The Affiliate agrees to pay all upfront legal, transportation, food, housing and security expenses incurred by the Company before, during and following arbitration or litigation.

Severability

In the instance any terms or conditions contained within this development agreement are found to be ineffective or unenforceable by the court of law the parties shall have the ample opportunity to replace that term with a likewise enforceable term. All remaining terms and conditions shall remain in full effect.

Affiliate Agreement Confirmation

This affiliate agreement constitutes as the complete and final agreement between the parties. This agreement shall supersede any and all previously entered agreements whether written or oral between the parties. You understand and agree that we may change this agreement at any time without prior notice. The parties hereby acknowledged the receipt and understanding of this agreement in its entirety.