Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) govern your access to and use of the website at goldenoriginllc.com (the “Site”) operated by Golden Origin Commerce LLC, a Wyoming limited liability company with its registered office at 30 N Gould St, Ste R, Sheridan, WY 82801, USA (“Golden Origin”, “we”, “us”). By accessing the Site or submitting an enquiry through it, you agree to these Terms. If you do not agree, do not use the Site.

2. Relationship to a services agreement

These Terms govern the Site. Any services we perform for you are governed by a separate written agreement, statement of work or signed proposal (a “Services Agreement”) describing the scope, deliverables, fees and timeline. Where a Services Agreement conflicts with these Terms, the Services Agreement controls in respect of that engagement.

3. Nature of our services

We provide mobile application development services and administrative assistance with enrollment in the Apple Developer Program. The following apply to every engagement:

• Accounts are enrolled in your name. Every Apple Developer Program enrollment we assist with is completed under the client’s own legal entity, using the client’s own Apple ID and payment method, with the client as Account Holder. We do not sell, rent, lease, share or transfer developer accounts, and we do not publish client applications through accounts belonging to us or to any third party.
• You must have authority. By engaging us in relation to an organisation, you represent that you are authorised to bind that organisation and that all information and documentation you provide is accurate, current and lawfully obtained.
• You remain bound by third-party terms. Your relationship with Apple Inc. is governed by the Apple Developer Program License Agreement and Apple’s other terms, and your relationship with Dun & Bradstreet, Inc. is governed by theirs. We act as your administrative agent; we do not become a party to those agreements, and nothing we do relieves you of your obligations under them.
• We do not circumvent verification. We will not misrepresent an entity, submit false or altered documentation, or take any step designed to bypass Apple’s or Dun & Bradstreet’s verification processes. We will decline or terminate any engagement that would require this.

4. No guarantee of approval

5. Fees, third-party costs and payment

• Our fees are set out in the applicable Services Agreement. Indicative information on the Site is not an offer and does not constitute a binding quotation.
• Third-party costs are separate. Fees charged by Apple Inc. for Apple Developer Program membership, and any other third-party costs, are payable by you in addition to our fees, and are passed through at cost. We do not control those amounts and they may change without notice to us.
• Unless the Services Agreement states otherwise, invoices are payable within the period stated on the invoice, in US dollars, and taxes, duties and bank charges are your responsibility.
• We may suspend work on overdue accounts after giving written notice.

6. Your responsibilities

You agree to:

• provide accurate, complete and timely information, documentation and approvals;
• maintain ownership and control of your own credentials, and grant us only the access necessary to perform the services;
• review and respond to our requests within reasonable timeframes, recognising that delays on your side move the timeline; and
• refrain from sending us passwords, two-factor codes or payment card details through unsecured channels.

We are not responsible for delays, additional costs or unfavourable outcomes caused by inaccurate or late information supplied by you, or by acts or omissions of third parties.

7. Intellectual property

7.1 The Site

The Site, including its text, design, graphics, code and arrangement, is owned by Golden Origin and protected by intellectual property laws. You may view and print pages for your own informational use. You may not reproduce, republish, distribute, or create derivative works from the Site without our prior written permission.

7.2 Deliverables

Ownership of work product created for you is determined by your Services Agreement. Unless that agreement states otherwise, ownership of deliverables transfers to you upon payment in full, and we retain ownership of any pre-existing tools, libraries, frameworks and know-how we used to produce them, together with a non-exclusive right to reuse general skills and techniques.

7.3 Third-party marks

Apple, the Apple logo, App Store, App Store Connect, TestFlight, Xcode, iOS and Swift are trademarks of Apple Inc., registered in the U.S. and other countries. D-U-N-S and D&B are trademarks of Dun & Bradstreet, Inc. These marks are used on the Site for identification and descriptive purposes only. Golden Origin Commerce LLC is an independent agency and is not affiliated with, authorised by or endorsed by Apple Inc. or Dun & Bradstreet, Inc.

8. Confidentiality

Each party will keep confidential any non-public information disclosed by the other in connection with an engagement, use it only for the purposes of that engagement, and protect it with at least the degree of care it applies to its own confidential information. This does not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or must be disclosed by law.

We will not publish your name, logo or details of our work for you as a reference without your prior written consent.

9. Acceptable use of the Site

You agree not to:

• use the Site for any unlawful purpose or in violation of these Terms;
• submit false information, impersonate another person or entity, or misrepresent your affiliation;
• attempt to gain unauthorised access to the Site, its servers, or any connected system;
• interfere with the Site’s operation, including by transmitting malicious code or imposing an unreasonable load; or
• scrape, harvest or systematically extract content or contact data from the Site.

10. Disclaimers

The Site and its content are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, timely, secure or error-free, or that its content is complete or current.

Nothing on the Site constitutes legal, tax, accounting or financial advice. Information about Apple Developer Program requirements, D-U-N-S Numbers and App Store policies is provided for general guidance; those requirements are set by third parties and change over time. You should verify current requirements independently and obtain professional advice where appropriate.

11. Limitation of liability

To the maximum extent permitted by applicable law, Golden Origin and its members, managers, officers, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to the Site or our services, whether based in contract, tort (including negligence), strict liability or otherwise, and whether or not we were advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to an engagement will not exceed the total fees actually paid by you to us for that engagement in the twelve (12) months preceding the event giving rise to the claim. For use of the Site where no engagement exists, our total aggregate liability will not exceed one hundred US dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Where that is the case, the exclusions and limitations above apply only to the fullest extent permitted, and nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

12. Indemnity

You agree to indemnify and hold harmless Golden Origin and its members, managers, officers, employees and contractors from and against any claims, damages, liabilities, losses and reasonable legal fees arising out of (a) information or documentation you provided that was inaccurate, incomplete, unlawfully obtained or infringing; (b) your breach of these Terms or of any third-party terms, including the Apple Developer Program License Agreement; or (c) your use of any deliverable in a manner not contemplated by your Services Agreement.

13. Term, suspension and termination

We may suspend or terminate access to the Site at any time, with or without notice, where we reasonably believe these Terms have been breached or where required for security, legal or operational reasons. Termination of an engagement is governed by the applicable Services Agreement. Sections 7 through 12 and 14 through 16 survive termination.

14. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Wyoming, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt in good faith to resolve any dispute through negotiation. If a dispute is not resolved within thirty (30) days of written notice, the parties submit to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, and each party waives any objection to venue in those courts.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

15. Changes to these Terms

We may revise these Terms from time to time. The revised version takes effect when posted, and the “Last updated” date will change accordingly. Your continued use of the Site after a revision constitutes acceptance of it. Changes do not retroactively alter a Services Agreement already in force.

16. General

• Entire agreement. These Terms, together with any applicable Services Agreement and our Privacy Policy, form the entire agreement between you and us regarding the Site.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force.
• No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Independent contractor. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship beyond the limited administrative agency expressly described in Section 3.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

17. Contact

Golden Origin Commerce LLC
30 N Gould St, Ste R
Sheridan, WY 82801
United States
contact@goldenoriginllc.com · +1 (929) 567-3914