Terms of Service

Plain-language summary

These terms govern how you use this website and any free tools on it (the SEO audit, the quote quiz, the contact form). Paid work is governed by a separate, signed services agreement that we send you before any project begins. You agree to these terms by using the site.

1. Who we are

"Mesquite Dev", "we", "us", and "our" mean Mesquite Development LLC, an Arizona limited liability company located in Buckeye, Arizona. "Service" means mesquitedev.com and any free tools we offer through it.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service you represent that you meet this requirement.

3. Acceptable use

You agree not to:

• Violate any law.
• Submit false information through our forms or impersonate anyone.
• Scrape, probe, or stress test the site beyond ordinary use.
• Use the free SEO audit on a domain you do not have authorization to scan.
• Use the Service to develop a competing product, train a model on our content, or republish our copy without written permission.
• Send malware, spam, or content that infringes the rights of others.

4. Free tools

The SEO audit, the quote quiz, and the contact form are provided free of charge and on an as-is basis. Audit results come from automated tools (including Google PageSpeed Insights) and are estimates, not warranties. The on-screen quote-quiz estimate is informational and non-binding by itself. A binding agreement forms only when you complete a payment through our checkout (see Section 6) or sign a separate services agreement.

5. Our content and yours

The site, including text, images, code, brand marks, and the underlying design system, is owned by Mesquite Development LLC and our licensors. You receive a personal, non-exclusive, non-transferable license to view it for the purpose it is published.

If you submit a website URL, a project description, or other content through our forms, you grant us a limited license to use it to provide you the service you requested (for example, to run the audit you asked for or to send you a quote).

6. Paid engagements, deposits, and refunds

You can pay to start a project directly on this site. Payments are processed by Stripe; we never receive or store your full card number. Completing a payment through our checkout forms a binding agreement between you and Mesquite Development LLC on the terms shown at checkout and in this section. For larger engagements we may also send a separate written Services Agreement covering detailed scope, milestones, intellectual property, and warranties; where it conflicts with these terms, the signed agreement controls.

Website deposits. Website projects are billed 50% as a deposit to begin and 50% on completion, before the site goes live or is handed off. The deposit is fully refundable until we begin work. Once work has started the deposit is non-refundable, because it reserves our time and covers work already performed. The remaining balance is due on completion.

Software priority consultation. The $1,000 priority consultation fee pays for priority discovery and a written, fixed-price scope for your build. It is not a deposit on the build itself and is not a quoted or guaranteed project price. If you move forward with the project within 30 days, we credit the full fee toward your project. The fee is refundable only if we fail to deliver the consultation and written scope.

Monthly retainer. Website plans include an optional monthly retainer (the amount shown for your tier) billed after launch for ongoing support, updates, and monitoring. The retainer renews automatically each month until you cancel. You can cancel anytime by emailing freddie@mesquitedev.com; cancellation takes effect at the end of the current billing month and stops future charges. For any retainer that totals more than $1,000 per year, we send a reminder before each annual renewal. Cancelling the retainer does not affect your ownership of work already paid for.

Refunds and disputes. To request a refund, email freddie@mesquitedev.com and we will respond within a few business days. If you believe a charge is incorrect, contact us first so we can make it right quickly. Intellectual property in deliverables transfers to you on full payment.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT AUDIT RESULTS WILL BE ACCURATE OR COMPLETE.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO ONE HUNDRED US DOLLARS. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

Some jurisdictions do not allow certain disclaimers or limitations; in those jurisdictions, our liability is limited to the greatest extent permitted by law. Liability for paid services is governed by the separate Services Agreement.

9. Indemnification

You agree to indemnify and hold Mesquite Development LLC and its founders and contractors harmless from claims, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of (a) your use of the Service, (b) your violation of these terms, (c) your violation of any law or the rights of a third party, or (d) any content you submit.

10. Governing law and venue

These terms are governed by the laws of the State of Arizona, without regard to conflict of laws principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona, except as set out in Section 11.

11. Arbitration and class waiver

Any dispute arising out of or relating to these terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, in Phoenix, Arizona or remotely by mutual agreement. You and Mesquite Development each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding.

Opt out. You can opt out of this arbitration agreement by emailing freddie@mesquitedev.com within 30 days of first accepting these terms, with the subject line "Arbitration Opt-Out" and your name. Opting out does not affect any other part of these terms. Small-claims actions and injunctive relief for intellectual property are excluded from arbitration.

12. Termination

We may suspend or terminate your access to the Service at any time, for any reason, on reasonable notice where practical. Sections that by their nature should survive (intellectual property, disclaimers, limitation of liability, indemnification, arbitration, governing law) survive termination.

13. Changes

We may update these terms. Material changes will be highlighted at the top of this page. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service.

14. Notices

Legal notices to us: Mesquite Development LLC, Buckeye, Arizona 85326, and freddie@mesquitedev.com.

15. Miscellaneous

Entire agreement. No waiver. Severability. No assignment by you without our written consent; we may assign in connection with a corporate transaction. No third-party beneficiaries. Force majeure.