Terms of use

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you to material changes by updating the "Last updated" date set forth above, and you waive any right to receive specific notice of each such change. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of, and agreement to, such changes.

For the purposes of these Terms, the following capitalized terms have the meanings set forth below. "Services" means the design, development, and related creative and technical services offered by us under the "Polonio" brand, as further described in Section 4. "Engagement Agreement" means any proposal, statement of work, service agreement, or similar document executed by both you and us that governs a specific provision of Services. "Content" means all text, copy, graphics, layouts, illustrations, animations, design systems, source files, code, and other materials made available on or through the Site. "Client" means any party that has entered into an Engagement Agreement with us.

You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, and that you possess the legal capacity and authority to enter into these Terms, whether on your own behalf or on behalf of any entity for which you act. If you use the Site on behalf of an entity, you represent and warrant that you are authorized to bind that entity to these Terms.

The Site and its Content are provided for general informational purposes only. Nothing contained on the Site, including any description of the Services, case study, pricing reference, or portfolio item, constitutes a binding offer, quotation, or guarantee of any particular deliverable, timeline, or result. The scope, deliverables, fees, milestones, and duration of any provision of Services are governed exclusively by the applicable Engagement Agreement. In the event of any conflict or inconsistency between these Terms and an Engagement Agreement, the Engagement Agreement shall control with respect to the subject matter of that agreement, and these Terms shall govern all other matters.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial informational purposes. Except as expressly permitted, you shall not copy, reproduce, distribute, publish, display, modify, create derivative works from, or otherwise exploit any portion of the Content without our prior written consent.

The Site may contain links to third-party websites or resources that are not owned or controlled by us. We provide such links for convenience only, and their inclusion does not imply any endorsement. We assume no responsibility for the content, accuracy, policies, or practices of any third-party resource, and you access such resources at your own risk.

You agree not to access or use the Site for any purpose that is unlawful or prohibited by these Terms. Without limiting the foregoing, you shall not attempt to gain unauthorized access to the Site, its underlying systems, or any connected network; transmit any malicious code, virus, or other harmful material; systematically retrieve data or Content to create any collection or database without our written consent; or engage in any activity that disrupts, degrades, or impairs the operation of the Site or the experience of other users.

The Site and all Content are provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, that any defect will be corrected, or that any particular business result will be achieved through use of the Site or the Services.

To the fullest extent permitted by applicable law, in no event shall we, nor our directors, employees, or agents, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or in connection with your access to or use of the Site, whether based in contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages. Any liability arising in connection with an Engagement shall be limited as, and governed by, the applicable Engagement Agreement.

You agree to indemnify, defend, and hold harmless "The Cabo Agency," together with its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any right of a third party.

These Terms remain in full force and effect while you access or use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to the Site to any person for any reason, including for breach of these Terms. All provisions of these Terms which by their nature should survive termination, including provisions relating to intellectual property, disclaimers, limitation of liability, and indemnification, shall survive.

These Terms and any dispute arising out of or relating to them or to the Site shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, for the resolution of any such dispute.

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent, and any attempted assignment in violation of this section shall be void. We may assign our rights and obligations under these Terms without restriction. These Terms, together with any applicable Engagement Agreement and any policies incorporated by reference, constitute the entire agreement between you and us with respect to the Site and supersede all prior understandings.

Questions or notices regarding these Terms may be directed to us at hey@polonio.io.