Terms of Service
Last Updated: 01.2025
1. Acceptance of Terms
Welcome to Two Week MVP! These Terms of Service (“Terms”) govern your access to
and use of the Two Week MVP website (the “Website”), services, and any associated
content (collectively, the “Services”). By accessing or using the Services, you
(“you” or “Client”) agree to be bound by these Terms and our Privacy Policy. If you
do not agree to these Terms, you may not access or use the Services.
2. Description of Services
Two Week MVP provides Minimum Viable Product (MVP) development services, including
discovery, planning, UX/UI design, development, testing, deployment, and optional
ongoing support (as selected by the Client). Our goal is to help startups launch
their MVPs quickly and efficiently.
3. Client Responsibilities
-
Provide Accurate Information: Provide accurate, complete, and
timely information necessary for Two Week MVP to perform the Services,
including but not limited to project requirements, feedback, and approvals.
-
Active Participation: Actively participate in the development
process, including attending meetings, providing feedback, and making
timely decisions.
-
Payment: Pay all fees associated with the chosen Services in
accordance with the payment terms outlined in Section 5.
-
Intellectual Property Rights: Ensure that any materials provided
to Two Week MVP do not infringe upon the intellectual property rights of any
third party.
-
Compliance with Laws: Comply with all applicable laws and
regulations in connection with your use of the Services.
4. Two Week MVP’s Responsibilities
-
Professional Services: Provide the Services in a professional
and workmanlike manner, consistent with industry standards.
-
Confidentiality: Maintain the confidentiality of your
Confidential Information as outlined in Section 9.
-
Timely Communication: Communicate with you in a timely manner
regarding the progress of the Services.
-
Adherence to Agreed-Upon Scope: Deliver the Services within the
agreed-upon scope and timeline, subject to reasonable adjustments as outlined
in Section 7.
5. Fees and Payment
-
MVP Package: The fee for the MVP Package is $5,000, payable as
agreed upon during the project initiation.
-
Ongoing Support: The fee for optional Ongoing Support is $3,000
per month, payable monthly in advance.
-
Custom Projects: For custom projects, fees will be determined on
a case-by-case basis and outlined in a separate agreement.
-
Payment Terms: Unless otherwise agreed in writing, all invoices
are due within [Number] days of the invoice date. Late payments may be subject
to late fees or suspension of Services.
-
Taxes: You are responsible for all applicable taxes related to
the Services.
-
Transparent Pricing: Two Week MVP is committed to transparent
pricing. Any additional costs will be communicated to you in advance and require
your approval.
6. Intellectual Property
-
Client Ownership: You retain all rights, title, and interest in
and to your pre-existing intellectual property and any materials you provide to
Two Week MVP.
-
MVP Ownership: Upon full payment of all fees owed, you will own
all rights, title, and interest in and to the developed MVP, including the source
code, design elements, and related documentation.
-
Two Week MVP Tools and Technology: Two Week MVP retains all
rights, title, and interest in and to its pre-existing tools, technologies,
methodologies, and know-how used in providing the Services.
-
AI Agent Contribution: You acknowledge that parts of the Services
may be performed using artificial intelligence (AI) engineering, QA, design,
and project management agents. Any intellectual property created by these agents
shall be owned by you upon payment, consistent with Section 6.2.
-
License to Two Week MVP: You grant Two Week MVP a non-exclusive,
worldwide, royalty-free license to use your pre-existing intellectual property
and any materials you provide solely for the purpose of providing the Services.
7. Project Timeline and Changes
-
Two-Week Timeline: Two Week MVP aims to complete the MVP
development within two weeks, subject to your timely cooperation and the
complexity of the project.
-
Change Requests: Any requests to change the scope of the Services
after the project has commenced must be submitted in writing. Two Week MVP will
assess the impact of the changes on the timeline and fees and provide you with a
revised proposal. No changes will be implemented without your written approval.
-
Delays: Two Week MVP is not responsible for delays caused by your
failure to provide necessary information, approvals, or feedback in a timely
manner.
8. Termination
-
Termination by Client: You may terminate the Services at any time
by providing written notice to Two Week MVP. You will be responsible for payment
for all Services rendered up to the date of termination, plus any non-cancelable
expenses incurred by Two Week MVP.
-
Termination by Two Week MVP for Breach: Two Week MVP may
terminate the Services upon written notice if you breach any material provision
of these Terms and fail to cure such breach within [Number] days of receiving
written notice of the breach. If the Client fails to pay fees in accordance with
these Terms, Two Week MVP may immediately suspend or terminate the Services.
-
Termination by Two Week MVP At Will: Two Week MVP reserves the
right to terminate the Services at any time and for any reason, in its sole
discretion, upon written notice to you. In such cases, Two Week MVP will, where
feasible, provide a pro-rata refund for any unearned fees that have been prepaid,
minus any non-cancelable expenses already incurred on your behalf.
-
Effect of Termination: Upon termination, all licenses granted
under these Terms will immediately terminate, and you will cease all use of
the Services. Sections 5, 6, 8, 9, 10, 11, 12, and 13 shall survive any
termination of these Terms.
9. Confidentiality
-
Definition: “Confidential Information” means any non-public
information disclosed by one party (the “Disclosing Party”) to the other party
(the “Receiving Party”), whether orally or in writing, that is designated as
confidential or that, under the circumstances surrounding disclosure, ought to
be treated as confidential. Confidential Information includes, but is not
limited to, your business plans, financial information, customer lists, and
the details of your MVP.
-
Obligations: The Receiving Party agrees to:
-
Protect the confidentiality of the Disclosing Party’s Confidential
Information using the same degree of care that it uses to protect its
own confidential information, but in no event less than reasonable care.
-
Not use the Disclosing Party’s Confidential Information for any purpose
outside the scope of these Terms.
-
Not disclose the Disclosing Party’s Confidential Information to any
third party except to its employees, contractors, and agents who need
to know such information for the purpose of providing the Services and
who are bound by confidentiality obligations at least as restrictive as
those contained herein.
-
Exceptions: The Receiving Party’s obligations under this
Section 9 shall not apply to information that:
- Is or becomes publicly known through no fault of the Receiving Party.
- Was in the Receiving Party’s possession prior to disclosure by the
Disclosing Party without an obligation of confidentiality.
- Is rightfully received by the Receiving Party from a third party
without an obligation of confidentiality.
- Is independently developed by the Receiving Party without use of or
reference to the Disclosing Party’s Confidential Information.
-
Compelled Disclosure: If the Receiving Party is compelled by
law or legal process to disclose any of the Disclosing Party’s Confidential
Information, it shall provide the Disclosing Party with prompt written notice
of such requirement so that the Disclosing Party may seek a protective order or
other appropriate remedy.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TWO WEEK
MVP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
COMPLETELY SECURE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TWO WEEK MVP
OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
11. Limitation of Liability
IN NO EVENT SHALL TWO WEEK MVP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS,
DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION
WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR ANY OTHER LEGAL THEORY, EVEN IF TWO WEEK MVP HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. TWO WEEK MVP’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID
BY YOU TO TWO WEEK MVP FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Two Week MVP and its officers,
directors, employees, agents, and contractors from and against any and all claims,
liabilities, damages, losses, costs, expenses, or fees (including reasonable
attorneys’ fees) arising out of or relating to: (i) your use of the Services;
(ii) your violation of these Terms; (iii) your violation of any rights of a third
party, including intellectual property rights; or (iv) any content you provide
to Two Week MVP.
13. Governing Law and Dispute Resolution
-
Governing Law: These Terms shall be governed by and construed in
accordance with the laws of the State of [Your State], without regard to its
conflict of laws principles.
-
Dispute Resolution: Any dispute arising out of or relating to
these Terms or the Services shall be resolved through binding arbitration
administered by [Arbitration Organization] in accordance with its rules. The
arbitration shall take place in [Your City, Your State]. The arbitrator’s
decision shall be final and binding, and judgment may be entered upon it in
any court having jurisdiction.
-
Class Action Waiver: YOU AND TWO WEEK MVP AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
14. General Provisions
-
Entire Agreement: These Terms constitute the entire agreement
between you and Two Week MVP with respect to the Services and supersede all
prior or contemporaneous communications and proposals, whether oral or written.
-
Severability: If any provision of these Terms is held to be
invalid or unenforceable, the remaining provisions shall remain in full force
and effect.
-
Waiver: The failure of Two Week MVP to enforce any right or
provision of these Terms shall not constitute a waiver of such right or provision.
-
Assignment: You may not assign these Terms or any of your rights
or obligations hereunder without the prior written consent of Two Week MVP. Two
Week MVP may assign these Terms without your consent.
-
Notices: All notices under these Terms shall be in writing and
shall be deemed to have been duly given: (i) when received, if personally
delivered; (ii) when receipt is electronically confirmed, if transmitted by
facsimile or email; (iii) on the day after it is sent, if sent for next-day
delivery by a recognized overnight delivery service; or (iv) upon receipt, if
sent by certified or registered mail, return receipt requested.
-
Force Majeure: Neither party shall be liable for any failure
to perform its obligations under these Terms if such failure is caused by an
event beyond its reasonable control, including, but not limited to, acts of
God, war, terrorism, strikes, lockouts, or governmental action.
-
Relationship of the Parties: The parties are independent
contractors. These Terms do not create a partnership, joint venture, agency,
or employment relationship between the parties.
-
Modifications: Two Week MVP reserves the right to modify these
Terms at any time. We will post the updated Terms on the Website and update the
“Last Updated” date. Your continued use of the Services after the posting of the
updated Terms constitutes your acceptance of the changes.
15. Contact Information
If you have any questions about these Terms, please contact us.
Disclaimer: This document is provided for informational purposes and does not
constitute legal advice. Laws and regulations vary by jurisdiction, and you should
consult a licensed attorney in your jurisdiction to ensure that your Terms of Service
comply with all applicable laws and best practices.