Last updated: February 14, 2026
By accessing or using the Xandev website (xandev.us) or engaging our services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services.
Xandev is the online identity under which freelance web development services are offered, including custom website development, web application development, and related digital services for small businesses and individuals. Xandev is not a registered business entity, corporation, or LLC.
You may use this website to learn about our services, view our portfolio, read our blog, and contact us about potential projects. You agree not to:
By using this website, you acknowledge that we collect browsing data, device information, and behavioral analytics as described in our Privacy Policy. This includes the use of browser fingerprinting, localStorage-based visitor identification, IP geolocation, and engagement scoring. We may use this data to initiate a live chat conversation with you while you are browsing.
We may proactively send you a chat message while you are browsing the site. The chat widget will only appear if we initiate contact. You are not obligated to respond. Chat conversations are stored as described in our Privacy Policy.
Each development project is governed by a specific proposal or contract that outlines:
In the event of a conflict between these Terms and a project-specific contract, the project contract takes precedence.
As a client, you agree to:
Upon receipt of final payment, you own the custom code, designs, and content created specifically for your project. This does not include:
We retain the right to display completed work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.
All content on the Xandev website (text, images, code examples, blog posts, case studies) is owned by Xandev and protected by copyright. You may not reproduce, distribute, or create derivative works from our content without written permission.
ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. To the fullest extent permitted by applicable law, we specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, we make no warranty or guarantee that:
You acknowledge that web development involves inherent uncertainties and that results may vary based on factors outside of our control, including but not limited to hosting environments, third-party services, browser updates, search engine algorithm changes, and your own modifications to deliverables.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XANDEV OR THE INDIVIDUAL BEHIND XANDEV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, REVENUE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total aggregate liability arising out of or relating to these terms, the website, or any services provided — whether in contract, tort (including negligence), strict liability, or any other legal theory — shall not exceed the lesser of (a) the total amount actually paid by you to us in the six (6) months immediately preceding the event giving rise to the claim, or (b) five hundred U.S. dollars ($500.00).
These limitations apply even if any limited remedy provided herein fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability shall be limited to the greatest extent permitted by applicable law.
You acknowledge and agree that your use of this website and any services provided is at your sole risk. You are solely responsible for:
This website (xandev.us) is provided on an "as is" and "as available" basis without any warranties of any kind. We do not warrant that the website will be available at all times, that it will be free of errors or viruses, or that the information presented is accurate or complete. Your use of this website is entirely at your own risk.
Either party may terminate a project engagement with written notice. In the event of termination:
We reserve the right to restrict or terminate access to our website for any user who violates these terms, at our sole discretion and without prior notice.
You agree to indemnify, defend, and hold harmless Xandev and the individual behind Xandev from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
This indemnification obligation survives the termination of these terms and any project engagement.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Informal Resolution First: Before initiating any formal dispute proceeding, you agree to first contact us at hello@xandev.us and attempt to resolve the dispute informally for at least thirty (30) days.
Binding Arbitration: If the dispute is not resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these terms or the services provided shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA). The arbitration shall take place in the State of Texas. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
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. You waive any right to participate in a class action lawsuit or class-wide arbitration against Xandev or the individual behind Xandev.
Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
These terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles.
If any provision of these terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
These terms, together with our Privacy Policy and any project-specific proposal or contract, constitute the entire agreement between you and Xandev regarding the subject matter herein and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
We may update these terms at any time at our sole discretion. The "last updated" date at the top reflects the most recent revision. Your continued use of our website or services after any changes constitutes your acceptance of the updated terms. It is your responsibility to review these terms periodically.
Questions about these terms? Contact us at hello@xandev.us.