Terms & Conditions

This Site serves as a professional portfolio and service platform for Alan Saldivar, offering web development, mobile development, UX/UI design, branding, backend development, Shopify, and MCP integration services. The Site includes:

• A portfolio showcasing past work and case studies.
• Contact forms for inquiries and service requests.
• An AI-powered chat assistant that provides information about services and can capture project details.
• A client portal for managing projects, deliverables, payments, and communications (accessible by invitation only).
• A quote and proposal system for service engagements.
• A resume request feature for professional networking purposes.

All content on this Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Alan Saldivar or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

Case studies and portfolio work displayed on this Site may include work completed for clients. Such work is displayed with appropriate permissions and remains the intellectual property of the respective parties as defined in individual project agreements.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from this Site without prior written consent, except for temporary caching or as permitted by your web browser for personal, non-commercial use.

The name "Alan Saldivar," the Site logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Alan Saldivar. You may not use such marks without prior written permission.

When using this Site, you agree to:

• Provide accurate, current, and complete information when submitting forms or communicating through the Site.
• Use the Site only for lawful purposes and in accordance with these Terms.
• Not engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or that may harm us or other users.
• Not use any automated system, including bots, crawlers, or scrapers, to access the Site for any purpose without our express written permission.
• Not attempt to interfere with the proper functioning of the Site, including by introducing viruses, trojans, worms, logic bombs, or other harmful material.
• Not attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
• Not impersonate or attempt to impersonate Alan Saldivar, another user, or any other person or entity.

The Site features an AI-powered chat assistant built using Google's Gemini technology. This assistant is designed to provide general information about our services and help capture project requirements.

• Responses generated by the AI assistant are for informational purposes only and do not constitute professional advice, binding offers, price guarantees, or contractual commitments.
• While we strive for accuracy, AI-generated responses may contain errors, inaccuracies, or outdated information. You should not rely solely on AI responses for making decisions.
• The AI assistant is not a substitute for professional consultation. For specific project requirements, pricing, and timelines, formal proposals and contracts are required.
• Conversations with the AI assistant may be used to improve our services. If you submit the lead form during a conversation, your chat history and submitted information will be stored as described in our Privacy Policy.
• We are not liable for any actions taken based on information provided by the AI assistant.

Quotes, estimates, and proposals generated through the Site or provided via email are for informational purposes and are non-binding unless expressly stated otherwise.

• Quotes are valid for the period specified in the quote document. If no period is stated, quotes expire 30 days from the date of issuance. [REVIEW WITH COUNSEL: Confirm default validity period]
• A project engagement is only confirmed upon mutual execution of a formal service agreement or contract. Accepting a quote through the Site's quote system indicates intent but does not create a binding contract without a signed agreement. [REVIEW WITH COUNSEL: Confirm acceptance workflow creates binding obligation or not]
• We reserve the right to modify or withdraw any quote before formal acceptance. Final pricing may differ based on revised project scope or requirements.
• Unless explicitly stated, quoted prices do not include applicable taxes, which are the responsibility of the client.

• The client portal is available by invitation only to clients with an active business relationship. Access is granted at our sole discretion.
• You are responsible for maintaining the confidentiality of your portal credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.
• Portal access is provided through secure magic link authentication sent to your registered email address. Do not share magic links with unauthorized parties.
• The client portal may contain confidential project information, deliverables, and communications. You agree not to share portal content with unauthorized third parties.
• We reserve the right to suspend or deactivate portal access at any time for security reasons, inactivity, or breach of these Terms.

• Payments are processed through Stripe, a PCI DSS-compliant third-party payment processor. By making a payment, you also agree to Stripe's terms of service.
• Invoices are issued through the client portal or via email. Payment terms, including due dates and accepted methods, are specified on each invoice.
• Late payments may incur additional fees as specified in the applicable service agreement. [REVIEW WITH COUNSEL: Define late fee policy]
• Refund eligibility is governed by the terms of the individual service agreement. Unless otherwise specified, payments for completed work are non-refundable. [REVIEW WITH COUNSEL: Define refund policy]
• Payment disputes should be raised within 15 days of invoice receipt by contacting us at hi@alansaldivar.dev. [REVIEW WITH COUNSEL: Confirm dispute window]
• All prices are quoted in US Dollars (USD) unless otherwise specified.

THE SITE AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALAN SALDIVAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE. [REVIEW WITH COUNSEL: Add specific liability cap amount if desired]

Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

You agree to defend, indemnify, and hold harmless Alan Saldivar, and any affiliated parties, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including but not limited to any content you submit, your violation of any law or regulation, or your violation of the rights of a third party.

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Site ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

For client portal users, termination of access will be handled according to the terms of the applicable service agreement. Existing project data will be retained as described in our Privacy Policy.

These Terms shall be governed by and construed in accordance with the laws of [REVIEW WITH COUNSEL: Specify jurisdiction — e.g., the State of Arizona, United States], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in [REVIEW WITH COUNSEL: Specify venue], and you consent to personal jurisdiction and venue therein.

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top and bottom of this page. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

If you have questions or concerns about these Terms, please contact us:

• Email: hi@alansaldivar.dev
• Website: alansaldivar.dev/contact