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Terms of Service

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These Terms of Service ("Terms") govern your use of High Sierra Technology's website, client portal, and related services (the "Service"), operated by High Sierra Technology ("we", "us", or "our"). By using the Service, creating an account, or purchasing a product or subscription, you agree to these Terms. If you do not agree, please do not use the Service.

1. Who May Use the Service

You must be at least 18 years old and able to form a binding contract to use the Service. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Accounts

  • You are responsible for the accuracy of the information on your account and for keeping your login credentials confidential.
  • You are responsible for all activity that occurs under your account. Notify us promptly at john@highsierratechnology.com if you believe your account has been compromised.
  • You may delete your account at any time from the account settings page in the client portal. Deletion cancels active subscriptions and removes your files from our systems.

3. Project Work, Scope, and Quotes

  • Written scope. Development work is performed against a written scope of work that lists the deliverables and the agreed price. Work begins after you approve that scope.
  • Changes. Requests outside the approved scope are quoted separately in writing before they are performed.
  • Your responsibilities. Timelines assume you supply content, access, approvals, and feedback within the intervals agreed in the scope. Delays in those inputs move the delivery date.
  • Acceptance. Unless the scope says otherwise, deliverables are deemed accepted if you do not raise written issues within ten (10) business days of delivery.

4. Payments, Subscriptions, and Refunds

  • Processing. All payments are processed by Stripe, Inc. We do not store card numbers. Your use of Stripe is subject to Stripe's own terms.
  • Invoices. Project invoices are due on the terms stated on the invoice. We may pause work on materially overdue accounts after written notice.
  • Subscriptions. Recurring plans renew automatically at the interval shown at checkout until cancelled. You may cancel at any time from the purchase history page in the portal and will retain access through the end of the paid period.
  • Refunds. Subscription fees already charged are generally non-refundable except where required by law or where we have failed to deliver the service. Refunds on project work are handled per the terms of the applicable scope of work.
  • Taxes. Prices exclude any applicable sales, use, or VAT-style taxes, which are your responsibility unless stated otherwise.

5. Intellectual Property and Ownership

  • Your deliverables. On full payment, ownership of the custom source code, designs, and content produced specifically for your project transfers to you.
  • Pre-existing and third-party materials. We retain ownership of our general-purpose tools, libraries, and know-how, and grant you a perpetual, non-exclusive licence to use them as incorporated in your deliverables. Third-party components remain governed by their own licences.
  • Your content. You retain ownership of the text, images, logos, and data you supply, and you grant us a licence to use them as needed to deliver the Service.
  • Portfolio rights. Unless you ask us in writing not to, we may identify you as a client and show non-confidential screenshots of the work in our portfolio.
  • Site content. The content of this website, including the logo and written articles, is our property and may not be republished wholesale without permission.

6. Acceptable Use

You agree not to:

  • Use the Service for anything unlawful, fraudulent, or infringing.
  • Upload malware, or attempt to gain unauthorized access to any account, server, or data.
  • Probe, scan, or stress-test the Service or circumvent its rate limits and access controls.
  • Resell, sublicense, or provide access to the client portal to anyone outside your organization.

We may suspend or terminate access for violations of this section.

7. Third-Party Services

The Service depends on third-party providers including Stripe (payments), Stack Auth (authentication), Vercel (hosting and file storage), Neon (database), and Resend (email). Their availability is outside our control, and their handling of your data is described in our Privacy Policy.

8. Availability and Support

We aim to keep the Service available at all times but do not guarantee uninterrupted or error-free operation. Maintenance, third-party outages, and upstream incidents can cause downtime. Support levels for a specific project are defined in that project's scope of work or retainer agreement.

9. Warranties and Disclaimers

Except as expressly stated in a signed scope of work, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant any specific search ranking, traffic level, revenue outcome, or third-party app-store approval.

10. Limitation of Liability

To the maximum extent permitted by law, High Sierra Technology will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total aggregate liability arising out of or relating to the Service or a project is limited to the amount you paid us for the service giving rise to the claim in the twelve (12) months preceding the event.

11. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and reasonable legal costs arising from content you supply, your use of the Service, or your breach of these Terms.

12. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access if you materially breach these Terms, if payment is significantly overdue, or if required by law. Sections covering payment obligations, intellectual property, disclaimers, limitation of liability, and indemnification survive termination.

13. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, notify account holders by email. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules. The state and federal courts located in California will have exclusive jurisdiction over any dispute, and you consent to venue there. Nothing here limits any consumer rights you have that cannot be waived under the law of your home jurisdiction.

15. Contact

Questions about these Terms? Email john@highsierratechnology.com or use the contact form.