Terms & Conditions

Last updated: August 15, 2025

THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between RETRYCLUB LLC, a limited liability company ("Retryclub") and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use of Retryclub's design and development services and website:https://www.retryclub.com  (the "Service") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client's use of the Service, and the Client is ordered to discontinue use immediately.

1. Service Description

Retryclub provides design and development services for startups, including web and UI design, landing pages, MVP development, mobile app design, and web application development. Engagements are project-based with fixed quotes and unlimited revisions within the agreed scope. Unless otherwise indicated, all designs, code, databases, functionality, software, and creative work (herein, collectively or individually, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by Retryclub and are protected by copyright and trademark laws until ownership transfers to the Client as set out below.

2. Project Ownership & Deliverables

Upon full payment of all fees due, the Client shall own all custom designs, source code, and deliverables created specifically for the Client's project ("Project Materials"). Retryclub irrevocably assigns all rights, title, and interest in the Project Materials to the Client. However, Retryclub retains ownership of:

  • Pre-existing design systems, components, and code libraries
  • General techniques, methods, and know-how developed during the project
  • Any third-party libraries, frameworks, and integrations
  • Tooling and internal templates used to deliver the project

The Client warrants that any materials provided to Retryclub during the design and development process are owned by the Client and do not infringe on any third party's rights.

3. Third-Party Services & Integrations

The Client acknowledges that our services may incorporate third-party services, fonts, plugins, hosting, or software that require separate licenses or subscriptions. Retryclub will inform the Client of any third-party services needed and their associated costs. The Client is responsible for:

  • Obtaining and maintaining necessary third-party licenses
  • Compliance with third-party terms of service
  • Payment of any fees associated with third-party services
  • Maintaining accounts and credentials for hosting and services
  • Ongoing subscription and usage costs after handoff

4. Client Representations

By using our services, Client represents and warrants that:

  • Client has the legal capacity to enter into this Agreement and perform all obligations hereunder
  • Client will use the services in compliance with all applicable laws and regulations
  • Client has obtained all necessary permissions and licenses for any content, assets, or materials provided to Retryclub
  • Client will provide accurate and complete information for the design and development work
  • Client will provide timely feedback and any access required to deliver the project

5. Payment Terms

All services are billed according to the agreed-upon project scope and fixed quote. Payment terms are as follows:

  • 50% deposit required to commence work on the project
  • Remaining balance due upon project completion and delivery
  • All payments are non-refundable once work begins
  • Late payments may result in project suspension
  • Work requested beyond the agreed scope may incur additional fees

6. Project Timeline

Retryclub aims to deliver projects within the agreed timeline (typically 21 days), but actual delivery dates may vary based on:

  • Complexity and scope of project requirements
  • Client feedback and revision cycles
  • Availability of content, assets, and approvals from the Client
  • Testing and quality assurance requirements
  • Client responsiveness to requests for information

Retryclub will communicate any timeline changes promptly and provide regular project updates.

7. Support & Maintenance

Post-delivery support includes:

  • 30-day warranty period for bug fixes
  • Documentation and training materials
  • Basic troubleshooting assistance
  • Minor adjustments within scope

Ongoing maintenance, updates, and major modifications require separate agreements and may incur additional fees.

8. Limitation of Liability

Retryclub's liability is limited to the amount paid by Client for the specific services. Retryclub is not liable for:

  • Indirect, incidental, or consequential damages
  • Loss of data or business interruption
  • Third-party service or hosting failures
  • Client misuse or unauthorized modifications after handoff
  • Force majeure events beyond our control

9. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the design and development process. This includes:

  • Business plans, strategy, and product roadmaps
  • Technical specifications and access credentials
  • Proprietary designs, source code, and configurations
  • Client data and business information

Confidentiality obligations survive termination of this Agreement.

10. Termination

Either party may terminate this Agreement with written notice. Upon termination:

  • Client remains responsible for work completed to date
  • Retryclub will deliver any completed deliverables
  • Confidentiality obligations continue
  • Client must cease use of any Retryclub proprietary materials

11. Governing Law

This Agreement is governed by the laws of the jurisdiction where Retryclub is incorporated. Any disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Contact Information

For questions about these Terms & Conditions, contact us:

Email: connect@retryclub.com
Website: www.retryclub.com