Terms of Service

Welcome to Refined Element. These Terms of Service ("Terms") govern your access to and use of our website, products, and services, including AI-driven development services, Kentico CMS implementations, Lightning Enable payment processing integration, and related consulting services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

1. Services Overview

Refined Element provides the following services:

• AI-Driven Development: Software development services leveraging AI tools including Claude Code to accelerate delivery and maintain code quality.
• Kentico CMS Implementations: Design, development, integration, and support services for Xperience by Kentico digital experience platforms.
• Lightning Enable: Bitcoin Lightning Network payment gateway integration and related consulting services.
• E-Commerce Solutions: Custom e-commerce development and integration services.

2. Account Registration

Some features of our services may require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3. Service Agreements and Contracts

For professional services (development, consulting, implementation), additional terms may apply as specified in individual service agreements, statements of work, or contracts. In the event of a conflict between these Terms and a specific service agreement, the service agreement shall prevail for that engagement.

4. Payment Terms

General Payment Terms

Payment terms for services are specified in individual service agreements. Unless otherwise stated, invoices are due within 30 days of the invoice date. We reserve the right to suspend services for accounts with overdue balances.

E-Commerce Purchases

For products or services purchased through our website:

• All prices are displayed in US Dollars unless otherwise indicated
• Prices are subject to change without notice
• Payment is required at the time of purchase
• You are responsible for any applicable taxes

Bitcoin Lightning Payments

5. Intellectual Property

Our Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of Refined Element or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Client Work Product

Ownership of work product created for clients is determined by the applicable service agreement. Unless otherwise specified in writing:

• Custom code developed specifically for a client project is assigned to the client upon full payment
• Pre-existing tools, libraries, and frameworks remain the property of their respective owners
• We retain the right to use generalized knowledge and techniques developed during client engagements

6. Confidentiality

We maintain strict confidentiality regarding client information, code, and business processes. Both parties agree to protect confidential information disclosed during the course of our engagement. Confidential information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully in the receiving party's possession before disclosure
• Is independently developed by the receiving party
• Is rightfully obtained from a third party without restriction

7. Warranties and Disclaimers

Service-Specific Warranties

For professional services, specific warranties may be provided in individual service agreements, including but not limited to:

• Workmanship warranties for specified periods following project completion
• Bug fix guarantees for defects in delivered code
• Compliance with agreed-upon specifications

8. Limitation of Liability

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless Refined Element and its officers, directors, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any claim that content you provided caused damage to a third party

10. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use our services will immediately cease.

For ongoing service agreements, termination terms are specified in the applicable agreement.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [State], without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

14. Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and Refined Element regarding the use of our services and supersede all prior agreements and understandings, whether written or oral.

15. Contact Information