Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and FGU LLC ("Company," "we," "us," or "our") concerning your access to and use of our website www.fgu.lat and our professional services.

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access our website or use our services.

Company Information

Legal Name: FGU LLC
Business Address: 1143 Blossom Hill Dr, Corona, CA 92878-3771, United States
Contact Email: contact@fgu.lat
Contact Phone: +1 (542) 314-5001
Website: https://www.fgu.lat

Services Description

FGU LLC provides professional computer systems design, integrated systems solutions, and technical consulting services, including but not limited to:

• Computer systems architecture and design
• System integration and implementation
• Technical consulting and advisory services
• Software development and customization
• Infrastructure planning and deployment
• Cloud services and solutions
• Cybersecurity services
• Technical support and maintenance

Eligibility and Account Registration

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal authority to enter into binding contracts
• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach

You are responsible for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion.

Service Agreements and Statements of Work

Specific services will be governed by individual service agreements or statements of work ("SOW") that outline:

• Scope of services and deliverables
• Project timelines and milestones
• Pricing and payment terms
• Responsibilities of both parties
• Acceptance criteria and procedures
• Specific terms and conditions applicable to the engagement

In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail with respect to that particular engagement.

Fees and Payment

Pricing

Service fees will be specified in the applicable service agreement or SOW. Prices are subject to change with notice. We reserve the right to modify our pricing at any time.

Payment Terms

• Payment terms will be specified in each service agreement
• Invoices are typically due within 30 days of the invoice date unless otherwise specified
• Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law
• We accept payment via wire transfer, check, or approved electronic payment methods

Expenses

Unless otherwise agreed, you will reimburse us for reasonable out-of-pocket expenses incurred in connection with providing services, including travel, accommodation, and third-party costs.

Taxes

All fees are exclusive of applicable taxes, duties, and levies. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges imposed by any governmental authority.

Intellectual Property Rights

Our Intellectual Property

All content, materials, software, tools, methodologies, and intellectual property provided by FGU LLC remain our exclusive property unless explicitly transferred in writing. This includes:

• Proprietary software and code
• Methodologies and processes
• Documentation and templates
• Trademarks, logos, and branding
• Pre-existing intellectual property

Client Intellectual Property

You retain all rights to your pre-existing intellectual property and confidential information. You grant us a limited license to use your intellectual property solely for the purpose of providing services.

Work Product

Ownership of custom work product developed specifically for you will be addressed in the applicable service agreement. Typically:

• Custom deliverables created specifically for you may be transferred upon full payment
• We retain rights to general methodologies, tools, and know-how
• We may retain the right to use anonymized data for improvement purposes

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our relationship. This includes:

• Business strategies and plans
• Technical specifications and designs
• Financial information
• Customer data and lists
• Trade secrets and proprietary information

Confidential information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully in the receiving party's possession prior to disclosure
• Is independently developed without use of confidential information
• Is rightfully obtained from a third party without restriction

Data Protection and Privacy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.

We implement appropriate technical and organizational measures to protect data in accordance with applicable laws, including GDPR, CCPA, and other relevant regulations.

Warranties and Representations

Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the necessary skills, experience, and resources to provide the services
• Services will comply with applicable laws and regulations
• We will use reasonable efforts to meet agreed-upon timelines and specifications

Client Warranties

You warrant that:

• You have the authority to enter into this agreement
• Information provided to us is accurate and complete
• You own or have rights to any materials provided to us
• Your use of our services complies with applicable laws

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless FGU LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations
• Any content or materials you provide to us

Term and Termination

Term

These Terms remain in effect while you use our website or services. Specific service engagements are governed by their respective service agreements.

Termination by Either Party

Either party may terminate a service engagement as specified in the applicable service agreement. Termination provisions typically include:

• Notice requirements (e.g., 30 days written notice)
• Payment for services rendered through the termination date
• Return or destruction of confidential information
• Transition assistance obligations

Termination for Cause

We may immediately terminate or suspend your access to our services if:

• You breach these Terms or any service agreement
• You fail to make required payments
• Your actions pose a security or legal risk
• We are required to do so by law

Effect of Termination

Upon termination:

• Your right to access and use our services immediately ceases
• You remain obligated to pay all fees incurred prior to termination
• Provisions regarding confidentiality, intellectual property, and liability survive termination

Acceptable Use Policy

You agree not to:

• Use our services for any unlawful purpose or in violation of any regulations
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems or networks
• Transmit viruses, malware, or other harmful code
• Engage in any activity that could damage our reputation
• Use our services to infringe on intellectual property rights
• Harvest or collect information about other users
• Impersonate any person or entity

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Orange County, California.

Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Sending email notification for significant changes

Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

General Provisions

Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and FGU LLC regarding our services.

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 shall remain in full force and effect.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person other than the parties and their respective successors and permitted assigns.

Contact Information

For questions about these Terms of Service, please contact us:

FGU LLC
1143 Blossom Hill Dr
Corona, CA 92878-3771
United States

Email: contact@fgu.lat
Phone: +1 (542) 314-5001
Website: https://www.fgu.lat

Acknowledgment

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.