Terms of Service

1. Who we are

The DA Services website, client dashboard and development subscription are operated by 137 Web Design LLC (trading as DA Services, "we", "us", "our"), registered under UIC 206358807, with its registered office at Lovech, Bulgaria. You can reach us at operations@daservices.services.

"You" and "Client" mean the person or organisation that holds the account. Where you accept these Terms for a company, you confirm that you are authorised to bind it, and "you" then means that company.

2. Acceptance of these terms

You accept these Terms and the Privacy Policy when you do any of the following:

• Create an account, request a login code, or sign in with Google.
• Start a subscription or complete checkout for any plan.
• Submit a request, comment or file through the dashboard.
• Otherwise use the website or the services.

If you do not accept these Terms, do not sign in and do not subscribe. Where we have signed a separate written agreement or statement of work with you, that document takes precedence over these Terms to the extent of any conflict, and these Terms fill the gaps.

Logging in and subscribing both count as acceptance. Completing checkout forms a binding development agreement on the terms in Sections 5 to 12.

3. Definitions

• Services means the development work, the client dashboard, and anything else we provide under a subscription.
• Request means a task you add to your project board, from a full product build to a one-line fix.
• Project means a body of work grouped on your board, together with the repositories, environments and assets that belong to it.
• Deliverable means source code, configuration, scripts, documentation, designs, assets and any other output we produce and deliver for you under a subscription.
• Client Materials means anything you supply or make available to us, including your brand assets, content, data, existing code, credentials and third-party accounts.
• Background IP means everything described in Section 10.2.
• Billing Cycle means the recurring 31-day period your subscription is billed in.

4. Your account

Accounts are free to create. Signing in does not commit you to a subscription, and an active subscription is what unlocks submitting requests.

• You must be at least 18 years old and able to enter into a binding contract. The Services are built for business use and are not directed at consumers or children.
• Give us an email address you control and keep it current. We send login codes, delivery notifications and legal notices to it.
• You are responsible for everything done through your account, including by anyone you invite or give access to.
• Tell us at once if you suspect unauthorised access. Sign-in is passwordless, so control of your inbox is control of your account.
• We may refuse, suspend or close an account where we reasonably believe it is being used in breach of these Terms or unlawfully.

5. Plans, fees and billing

5.1 Plans

Plans, prices and what each includes are shown on the pricing section of our website and in your dashboard. Concurrency limits are part of the plan: the Monthly Club covers one active request at a time and the Pro Club covers two. Requests beyond that limit sit in your queue and start as slots free up.

5.2 Billing

• Fees are charged in advance for each Billing Cycle and recur automatically until you cancel or pause.
• Payments are processed by Stripe. By subscribing you also accept Stripe's terms. We never receive or store your full card details.
• Prices are exclusive of VAT and any other applicable taxes, which are added where required by law. Where reverse charge applies, you are responsible for accounting for it.
• You authorise us to charge the payment method on file for each renewal and for any amounts you owe under these Terms.
• If a payment fails, we may retry it, suspend work and access to the dashboard, and cancel the subscription if it stays unpaid.

5.3 Price changes

We may change prices with at least 30 days' notice by email or dashboard notice. A change takes effect at the start of your next Billing Cycle after the notice period. If you do not accept it, cancel before that cycle begins.

5.4 Chargebacks

Raise any billing dispute with us first at operations@daservices.services. Initiating a chargeback without contacting us allows us to suspend your account and withhold delivery until the dispute is resolved, and it suspends the assignment of ownership in Section 10.3 for anything covered by the disputed payment.

6. Pausing, cancelling and refunds

6.1 Pausing

Billing runs in 31-day cycles. If you pause partway through a cycle, the unused days are credited to your account and applied when you resume. Paused subscriptions carry no active queue and no delivery obligations while paused.

6.2 Cancelling

Cancel at any time from your dashboard or through the Stripe billing portal. There is no minimum term and no notice period. Cancellation takes effect at the end of the Billing Cycle you have already paid for, and we finish or hand over work in progress up to that point.

6.3 Refunds

• If your first Billing Cycle is not the right fit, ask within seven days of your first payment and we will refund 75% of that payment. The 25% we retain covers onboarding and work already carried out. This applies once, to your first subscription only.
• Outside that window, fees already paid are non-refundable, including for unused days in a cycle you cancel, which is what the pause credit in Section 6.1 exists for.
• If we terminate for convenience under Section 17.4, we refund the unused prepaid days on a pro-rata basis.
• Where you contract as a consumer and mandatory law gives you a withdrawal right, that right applies. By asking us to start work during the withdrawal period you accept that you owe a proportionate amount for work already performed.

7. How the work runs

• You add requests to your board and set their order. We work the top of the queue within your plan's concurrency limit.
• Delivery figures quoted on our website, such as an average of 72 hours, are historical averages and planning targets. They are not guarantees, and no date is binding unless we confirm it in writing as a fixed deadline.
• Larger builds are broken into smaller deliverables and shipped in stages so progress stays reviewable.
• Revisions within the scope of a request are unlimited. A request that changes direction, adds substantial new scope, or reverses earlier decisions may be treated as a new request and re-queued.
• Work depends on your input. Where we are waiting on feedback, access, credentials, assets or decisions from you for more than five business days, we may move to the next request in your queue, and any target dates shift accordingly.
• A Deliverable is treated as accepted 14 days after we deliver it, or earlier if you deploy it, use it in production, or tell us it is accepted.

8. Your responsibilities

To let us do the work, you agree to:

• Provide Client Materials, access, credentials and decisions in reasonable time, and keep them accurate and current.
• Hold all rights needed in the Client Materials, and grant us a non-exclusive, worldwide, royalty-free licence to use, copy, modify, host and display them for the purpose of providing the Services.
• Maintain and pay for the third-party services your project depends on, including hosting, domains, app store accounts, APIs and licences. These are contracted between you and those providers.
• Keep your own backups of anything you cannot afford to lose, and review Deliverables before you put them into production.
• Be responsible for how the product you commission is used, for the content it serves, and for its compliance with the laws and regulations that apply to your business.

We are not a data controller for the users of the product we build for you, and we do not advise on whether your product meets legal, regulatory, accessibility, tax or security-certification requirements. Where you need that assurance, get it from a qualified adviser.

9. Scope limits and acceptable use

9.1 Outside the subscription

Native game engine development, hardware and firmware work, and ongoing 24/7 on-call operations sit outside the subscription. We may also decline work that requires certifications, regulated licences or clearances we do not hold.

9.2 Prohibited use

You may not use the Services, and we will not build, anything that:

• Breaks the law, or infringes anyone's intellectual property, privacy or other rights.
• Is designed for malware, credential theft, unauthorised access, surveillance without consent, spam, or fraud.
• Promotes hate, harassment, or the sexual exploitation of any person, or targets minors.
• Attempts to probe, overload, reverse engineer or circumvent the security of our dashboard or our infrastructure.
• Uploads content or credentials you have no right to share with us.

We may refuse or stop any request on these grounds, and we may terminate under Section 17.5 without refund. We decide, acting reasonably, whether a request falls foul of this Section.

10. Intellectual property and the project agreement

This Section forms the development agreement between us for every project we build under your subscription. It applies to each Deliverable as it is produced, with no separate signature required.

10.1 Your materials stay yours

Client Materials remain your property. Nothing here transfers your brand, your content, your data or your pre-existing code to us. Our licence over Client Materials is limited to providing the Services and to the retained rights described in Section 10.4, and it ends when your subscription ends except where it is needed to exercise those retained rights.

10.2 Our background IP stays ours

We own and continue to own our Background IP: everything we created before or outside your project, and everything of general application we develop while working on it. That includes our internal libraries, components, scaffolding, templates, boilerplate, configurations, build and deployment tooling, architectural patterns, development methods, and the knowledge, skills and experience of our engineers.

Where Background IP is embedded in a Deliverable, we grant you a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid licence to use, copy, modify and distribute it as part of that Deliverable, including the right to sublicense it to your own customers as part of your product. That licence does not let you extract our Background IP and sell or license it as a standalone product, and it does not make our Background IP exclusive to you.

10.3 You own the deliverables

On our receipt of payment in full for the Billing Cycle in which a Deliverable was produced, we assign to you all right, title and interest we hold in that Deliverable, including copyright, worldwide and for the full term of protection, subject to Sections 10.2, 10.4 and 11. You get the source code, the repositories and the credentials, and you can use, modify, sell, license, open-source or abandon the Deliverable however you choose. There is no lock-in and nothing you have to keep buying from us to keep using what we built.

Until payment is received in full we retain all rights in the Deliverables produced in that cycle, and you have no licence to use them in production. If your subscription ends with amounts outstanding, the assignment does not take effect for anything covered by those amounts until they are paid.

10.4 Our retained licence

You grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable licence, sublicensable through multiple tiers, to use, host, reproduce, modify, adapt, translate, create derivative works from, publicly display, distribute, sell, license and otherwise commercially exploit the Deliverables and any part of them, for any purpose, including:

• Performing services for other clients, including clients in your market.
• Building, operating, offering and selling our own products, components, templates and tools.
• Internal tooling, research, development and quality assurance.
• Demonstration, teaching and training of our own personnel.

This licence takes effect as each Deliverable is created, survives termination of your subscription and of these Terms, and cannot be revoked. It sits alongside your ownership under Section 10.3 rather than reducing it: you keep every right an owner has, and our licence is non-exclusive, so it puts no limit on what you do with the Deliverables.

10.5 What our retained licence excludes

The licence in Section 10.4 does not extend to, and we will not use under it:

• Your trade marks, logos, brand assets, visual identity and trade dress.
• Client Materials that are not part of a Deliverable.
• Your Confidential Information as defined in Section 12.
• Personal data relating to you, your personnel or the users of your product.
• Your business data, customer records and the content you or your users create in the product.

Where part of a Deliverable is inseparable from your Confidential Information, we exercise Section 10.4 over the parts that are not confidential and treat the rest under Section 12.

10.6 Non-exclusivity and similar work

We work for many clients, some of them in overlapping markets. You accept that we may develop, and may already have developed, work that is similar or identical in function, structure or appearance to your Deliverables, and that we owe you no exclusivity, no accounting and no payment in respect of that work. You will not bring a claim that our other work infringes your rights where it results from our exercise of Sections 10.2, 10.4 or 11.

10.7 Feedback

If you send us feedback, suggestions or ideas about our services or our tools, we may use them without restriction, attribution or payment, and you grant us all rights needed to do so.

10.8 Portfolio and publicity

We may identify you as a client and show the work we did for you, including your name, logo, screenshots, a description of the project and a public link, in our portfolio, on our website and in pitch materials. We will not disclose your Confidential Information this way. Write to operations@daservices.services to opt out and we will stop new use and remove existing references from material we control within 30 days.

10.9 Moral rights

To the fullest extent permitted by law, each party waives, in favour of the other and its licensees, any moral rights that would otherwise restrict the use of Deliverables permitted by this Section. Where a waiver is not permitted, each party agrees not to enforce those rights against the other.

11. Data we may reuse

11.1 Aggregated and de-identified data

We collect and generate operational data from running the platform and delivering projects: request volumes, cycle and delivery times, queue behaviour, error and performance metrics, technical characteristics of the systems we build, and patterns of use. We may use, retain and commercially exploit that data for any purpose, including improving and marketing our services, producing benchmarks and case studies, research and development, and building and selling products, on condition that the data is:

• Aggregated or de-identified so that it does not identify you, your personnel or the users of your product; and
• Free of your Confidential Information.

Data in that form is not personal data and this right survives termination.

11.2 Your business data is not part of this

We do not sell, license or share your customer records, user data, business data or the content held in your product. We process them to provide the Services and as set out in the Privacy Policy.

11.3 When we act as your processor

Where we handle personal data that you control, for example while working inside your production systems, we act as processor and you act as controller. We process that data on your documented instructions and will enter into a data processing agreement on request.

12. Confidentiality

Confidential Information means non-public information disclosed by one party to the other that is marked or described as confidential at the time of disclosure, or that a reasonable person would understand to be confidential from its nature and the circumstances. It includes your unreleased plans, financials, customer data and credentials.

Each party will keep the other's Confidential Information in confidence, use it only to perform or receive the Services, and protect it with at least reasonable care. Disclosure is allowed to personnel, contractors and advisers who need it and are under equivalent obligations, and where required by law, court order or regulator, with notice to the other party where lawfully possible.

These obligations do not apply to information that is or becomes public without breach, was already known to the receiving party without a duty of confidence, is received from a third party entitled to disclose it, or is independently developed without use of the disclosing party's Confidential Information. They run for three years from disclosure, and for as long as the information remains a trade secret.

Residual knowledge. Each party may use the general knowledge, skills, techniques and know-how retained in the unaided memory of its personnel from the engagement. This does not permit use of the other party's Confidential Information in identifiable form, or use of anything excluded by Section 10.5.

If something is confidential, tell us in writing when you share it. Information you never identify as confidential, and that is not obviously confidential from its nature, falls within the rights we retain under Sections 10.4 and 11.

13. Third-party components, open source and AI tooling

13.1 Third-party and open-source components

Deliverables normally include third-party and open-source components licensed by their own authors under their own terms, which pass through to you unchanged. We favour permissive licences such as MIT, Apache 2.0, BSD and ISC, and we will tell you before making a copyleft component central to your product. After handover, compliance with those licences in your product is your responsibility.

13.2 Third-party services

Your project will depend on services we do not control, including hosting, payment processors, APIs, model providers and app stores. We are not responsible for their availability, pricing, policy changes, data practices or discontinuation, and their behaviour does not count as a defect in a Deliverable.

13.3 AI-assisted development

We use AI coding assistants as part of how we work. Output produced with those tools may resemble output produced for other users of the same tools, and we do not warrant that any Deliverable is novel or unique. We select tools whose terms exclude customer content from provider model training, and Section 12 applies to your Confidential Information regardless of the tooling involved.

14. Warranties and disclaimers

14.1 What we warrant

We warrant that the Services will be performed with reasonable skill and care by suitably qualified personnel, and that each Deliverable will conform in material respects to the agreed request for 14 days after delivery.

If you report a non-conformity in writing within that period, we will correct or re-perform the affected work at no charge. That is your sole and exclusive remedy for breach of this warranty. The warranty does not cover issues arising from Client Materials, changes made by anyone other than us, third-party services, use outside the intended environment, or a failure to apply updates we supply.

14.2 What we do not warrant

Except as stated in Section 14.1, and to the fullest extent permitted by law, the Services and Deliverables are provided "as is" and "as available", and we disclaim all other warranties, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or trade usage.

We do not warrant that the Services or Deliverables will be uninterrupted, error-free or secure against every attack, that defects will all be found, that any timeline will be met, or that the product we build will achieve any commercial, revenue, ranking, performance or regulatory outcome.

Nothing in these Terms excludes rights that mandatory law gives you and that cannot lawfully be excluded.

15. Indemnification

15.1 By you

You will defend, indemnify and hold harmless us, our officers, employees and contractors from any third-party claim, and any resulting loss, liability, damage, cost and reasonable legal fees, arising out of or relating to: your Client Materials; your use, sale, licensing or distribution of the Deliverables; the product or business you operate with them; content or data you or your users submit; your breach of these Terms or of applicable law; and claims brought by your customers, users or regulators.

15.2 By us

We will defend you against a third-party claim that a Deliverable, as delivered by us and used in accordance with these Terms, infringes that party's copyright or trade secret, and we will pay damages finally awarded or agreed in settlement, subject to the cap in Section 16.

This does not apply where the claim arises from Client Materials, third-party or open-source components, your specifications or instructions, modifications not made by us, combination with anything we did not supply, continued use after we provide a non-infringing alternative, or use outside these Terms. If a claim arises, we may at our option obtain the right for you to continue using the Deliverable, replace or modify it so that it is non-infringing, or terminate the affected work and refund the fees attributable to it. Section 15.2 is your sole and exclusive remedy for any infringement claim.

15.3 Process

The indemnified party must notify the other promptly in writing, allow it sole control of the defence and settlement, and provide reasonable cooperation. No settlement that admits liability or imposes an obligation on the indemnified party may be made without its consent, which will not be unreasonably withheld.

16. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, lost revenue, lost savings, loss of goodwill, loss or corruption of data, business interruption, or the cost of substitute services, however caused and on any theory of liability, even if that party was advised such damages were possible.

Our total aggregate liability arising out of or relating to these Terms, the Services and the Deliverables is limited to the total fees you paid us in the three months immediately preceding the event that gave rise to the claim.

Any claim must be brought within 12 months of the date the claiming party first became aware, or should reasonably have become aware, of the facts giving rise to it. After that period the claim is waived to the extent the law allows.

These limits do not apply to fraud or fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence, your obligation to pay fees, your indemnity under Section 15.1, or any liability that cannot be limited under applicable law.

Both parties agree that these limits are a reasonable allocation of risk and are reflected in the subscription price.

17. Term, suspension and termination

• 17.1 Term. These Terms start when you first accept them and continue while your account exists. A subscription renews automatically at the end of each Billing Cycle until it is cancelled.
• 17.2 Cancellation by you. Cancel at any time from your dashboard, effective at the end of the current Billing Cycle. No minimum term, no notice period, no cancellation fee.
• 17.3 Suspension. We may suspend work, access to the dashboard, or both, without notice where a payment fails, a chargeback is raised, we reasonably suspect a breach of Section 9, or continuing would expose us or our infrastructure to legal or security risk.
• 17.4 Termination by us for convenience. We may end a subscription on 14 days' written notice for any reason. We refund unused prepaid days on a pro-rata basis and hand over everything you have paid for.
• 17.5 Termination for cause. Either party may terminate immediately on written notice if the other commits a material breach that is not cured within 14 days of notice, or becomes insolvent. We may also terminate immediately for a breach of Section 9, in which case no refund is due.
• 17.6 Effect. Your access to the board ends, we deliver the Deliverables you have paid for in full, and any unpaid amounts fall due at once. Sections 10, 11, 12, 14.2, 15, 16, 19, 22 and 23 survive, together with any other provision intended to survive.

18. Handover and no lock-in

On request within 30 days of termination, and provided your account is paid in full, we transfer the repositories, deployment access and credentials for your project to accounts you nominate. Nothing in our architecture or our tooling requires you to keep a subscription in order to keep running what we built.

We have no obligation to provide support, maintenance, hosting or bug fixes after termination unless we agree that separately in writing. After 60 days we may delete project files, board content and attachments from our active systems, with backups aging out on a rolling schedule. Export anything you want to keep before then.

19. Non-solicitation

While your subscription is active and for 12 months after it ends, you will not solicit for employment or engagement, or hire, any of our personnel or contractors who worked on your project, without our written consent. General public job advertisements not targeted at those individuals are not a breach.

If you engage such a person in breach of this Section, you will pay us a placement fee equal to 30% of that person's first-year total compensation, which both parties agree is a genuine pre-estimate of our loss and not a penalty.

20. Changes to these terms

We may update these Terms. The current version is always on this page with the "Last updated" date at the top. For material changes we give at least 14 days' notice by email or dashboard notice, and the change takes effect at the start of your next Billing Cycle after that notice.

Continuing to use the Services after a change takes effect means you accept it. If you do not accept it, cancel before the effective date. Changes never apply retroactively to the ownership or licence position of Deliverables produced before they take effect.

21. Force majeure

Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, epidemics, labour disputes, government action, failures of power or telecommunications, and outages of third-party infrastructure providers. Payment obligations are not excused. If the event continues for more than 30 days, either party may terminate on written notice.

22. Governing law and disputes

These Terms and any dispute arising out of them, including non-contractual disputes, are governed by the laws of Bulgaria, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

Before starting proceedings, the parties will try to resolve the dispute informally. Send a written description of the dispute to operations@daservices.services and allow 30 days for a response. Either party may seek injunctive relief for misuse of intellectual property or Confidential Information at any time.

The courts of Sofia, Bulgaria have exclusive jurisdiction. To the fullest extent permitted by law, disputes are brought individually and not as a class, collective or representative action, and neither party will consolidate claims with those of another client.

Where you contract as a consumer in the European Union, the mandatory consumer protections of your country of residence still apply and you may bring proceedings in the courts of that country.

23. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us and replace earlier discussions, proposals and representations, except for fraud.
• Order of precedence. A signed statement of work or master agreement prevails over these Terms to the extent of a conflict. Nothing in a purchase order, vendor portal or your own standard terms adds to or varies these Terms unless we sign it.
• Severability. If a provision is unenforceable, it is limited to the minimum extent necessary and the rest stays in force.
• No waiver. Not enforcing a provision is not a waiver of the right to enforce it later.
• Assignment. We may assign or novate these Terms to an affiliate or to a successor of our business. You may not assign without our written consent, which we will not unreasonably withhold, except to a successor of the business the Deliverables were built for.
• Independent contractors. We are independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship, and neither party may bind the other.
• Notices. Legal notices to you go to the email address on your account. Notices to us go to operations@daservices.services. Notice is treated as given on the next business day after sending.
• No third-party rights. Nobody other than the parties has any right to enforce these Terms.
• Language. The English version of these Terms controls over any translation.

24. Contact

Questions about these Terms go to operations@daservices.services, or by post to 137 Web Design LLC, Lovech, Bulgaria.