Terms of Service

The Site describes our Consulting Services and portfolio of Client Applications, and allows visitors ("Users," "you," "your," or "yourself") to learn about our work, request a free consultation, and contact us regarding a potential engagement.

We may revise and update this Agreement at any time in our sole discretion. Changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable license to access and view the Site and its content on a device you own or control, strictly for your own informational and evaluative purposes in considering our Consulting Services.

The Site is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site under this Agreement. We and our licensors and service providers reserve and retain all right, title, and interest in and to the Site, including all copyrights, trademarks, patents, trade secrets, and other intellectual property rights, except as expressly granted to you in this Agreement. Ownership and licensing of any custom-built Client Application, including source code, is instead governed exclusively by the applicable Services Agreement.

Any consulting engagement, custom development project, or ongoing support arrangement — including project scope, timelines, deliverables, intellectual property ownership, fees, payment terms, warranties specific to the work, and service levels — will be set out in a Services Agreement signed by both parties. Nothing on this Site constitutes an offer capable of acceptance, a quote, or a binding commitment to perform any Consulting Services; it is provided for general informational purposes, and any engagement begins only upon execution of a Services Agreement.

6.1. Site inquiries. "Your Information" means information you submit through the Site, such as through our contact or consultation-request forms (for example, your name, company, email, phone number, and project details). Our collection and use of this information is described in our Privacy Policy, which is part of this Agreement. You agree that we may rely on Your Information as accurate, current, and complete, and you represent that you have authority to share any information you submit on behalf of your organization.

6.2. Client and project data. If you engage us for Consulting Services or a Client Application, any business data, materials, or content you provide us for that engagement, and any data processed within a Client Application we build or host for you, is governed by the confidentiality, data protection, and (where applicable) data processing terms of your Services Agreement and any related Data Processing Addendum, not by this Site-focused Agreement.

Confidential or proprietary information you or we share in connection with a proposed or actual engagement will be treated in accordance with the confidentiality terms of the applicable Services Agreement, or, prior to signing one, only to the extent reasonably necessary to evaluate and respond to your inquiry, using reasonable care to protect it from unauthorized disclosure.

By submitting a form on the Site, you agree to receive communications from us relating to your inquiry, including by email or phone, subject to our Privacy Policy. Where you have consented, we may also send you occasional updates about our services, blog content, or promotions; you may opt out of non-essential communications at any time as described in our Privacy Policy.

You may use the Site only for lawful purposes and in accordance with this Agreement. You agree that you will not:

1. violate any applicable federal, state, local, or international law or regulation;
2. post, send, or transmit anything defamatory, fraudulent, obscene, threatening, or otherwise unlawful through the Site;
3. impersonate any individual or entity, or misrepresent your affiliation with any person or organization;
4. attempt to gain unauthorized access to the Site, or to any server, system, or account connected to it;
5. introduce any virus, malware, or other harmful code into the Site;
6. use any robot, spider, scraper, or other automated means to access or extract content from the Site, other than standard search engine indexing;
7. reverse engineer, decompile, or disassemble any portion of the Site, except as permitted by applicable law;
8. frame or mirror any part of the Site without our prior written consent; or
9. cause or assist any other person to do any of the foregoing.

All content on the Site (including text, graphics, logos, portfolio descriptions, screenshots, and their selection and arrangement) is owned by us, our licensors, or other content providers, and is protected by copyright, trademark, and other intellectual property laws. "Klaus Way" and our related names, logos, and marks ("Our Marks") are our trademarks or the trademarks of our affiliates. You may not use Our Marks without our prior written permission. Client and portfolio names, logos, and screenshots shown on the Site are used to illustrate our work and remain the property of their respective owners; inclusion does not imply their endorsement of Klaus Way beyond what is stated.

The Site may link to third-party websites or resources for your convenience. We do not control and are not responsible for the content or practices of those third-party sites. You access any linked third-party site at your own risk and subject to that site's own terms.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SECTION DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, AND DOES NOT LIMIT ANY WARRANTY EXPRESSLY SET OUT IN A SERVICES AGREEMENT, WHICH GOVERNS ANY ACTUAL ENGAGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR RESPECTIVE LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FORESEEABLE. THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, AND DOES NOT LIMIT ANY LIABILITY TERMS EXPRESSLY AGREED IN A SERVICES AGREEMENT, WHICH GOVERN ANY ACTUAL ENGAGEMENT.

You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your misuse of the Site.

This Agreement remains in effect for as long as you access or use the Site. We may restrict or terminate your access to the Site at any time, with or without notice, in our sole discretion. Sections of this Agreement that by their nature should survive termination (including Reservation of Rights, Confidentiality, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) will survive.

This Agreement, and any dispute or claim arising out of or relating to it (including non-contractual disputes), will be governed by the laws of the State of Connecticut, without regard to conflict-of-law principles. Any legal action arising out of or relating to this Agreement or the Site will be brought exclusively in the U.S. District Court for the District of Connecticut or the courts of the State of Connecticut, and you consent to personal jurisdiction and venue in those courts.

Our failure to enforce any provision of this Agreement is not a waiver of that or any other provision. If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

This Agreement and our Privacy Policy constitute the entire agreement between you and us regarding the Site, and supersede all prior understandings regarding that subject matter. This Agreement does not govern any Consulting Services or Client Application engagement, which is instead governed exclusively by the applicable Services Agreement.

The Site is operated by Klaus Way. If you have questions about this Agreement, contact us at:

Klaus Way 29 Northridge Drive North Windham, CT 06256 Email: support@klausway.com Phone: (860) 771-9058