Terms and Conditions
Effective Date: September 18, 2026
These Terms and Conditions govern your access to and use of the website www.figtree-development.com operated by HCD Enterprises LLC (“We”, “Us”, “Company”), trading as Figtree Development, with its registered address at 238 N Massachusetts Ave, 1st Floor Lakeland, FL 33801 (together, “We”, “Us”, or “Our”).
By accessing or using the website, platform, or any services or products made available through them, you agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree to these Terms, you must not access or use the website, platform, or Services. If you no longer agree to these Terms at any time, you must immediately cease using the website, platform, and Services.
Our Services
Figtree Development provides you with access to FigTree Development provides an informational business website. The site describes the company's professional services in cloud infrastructure and DevOps engineering, AI integration and workflow automation, and digital content production; publishes articles and other written content; and allows visitors to submit contact and interest inquiries by providing their name, email address, and phone number. Professional services themselves are not purchased or delivered through this website and are provided only under a separate written agreement between FigTree Development and the client. (the “Services”) through the website, platform, or other authorised channels. The Services may include access to software features, tools, content, integrations, and associated functionality, as made available from time to time. Subject to your compliance with these Terms, you may access and use the Services for your internal business or personal purposes, as applicable.
We may modify, update, enhance, or discontinue any part of the Services at any time, including the availability of any features or functionality. Where reasonably practicable, we will provide advance notice of material changes that may adversely affect your use of the Services. We are under no obligation to maintain or continue any specific features, functionality, or content.
The Services may integrate with or rely on third-party services or components that are not under our control. We do not guarantee the availability, performance, or continued compatibility of such third-party services, and we are not responsible for any disruption, errors, or loss caused by such third-party services.
You are solely responsible for obtaining and maintaining any equipment, software, and internet connectivity required to access and use the Services. We do not guarantee that the Services will be compatible with your systems, devices, or configurations.
The Services may include features that are identified as beta, trial, or experimental. Such features are provided “as is” and may be modified or discontinued at any time without notice.
User Eligibility and Accounts
You must be at least 18 years old or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding agreement, in order to access or use the Services. By accessing or using the Services, you represent and warrant that you meet these requirements.
Where you access or use the Services on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, references to “you” or “your” shall include both you as an individual and the relevant entity, and the entity shall be responsible for all acts and omissions under the account.
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information when creating an account and to keep such information updated at all times.
You are responsible for maintaining the confidentiality and security of your account credentials, including any usernames, passwords, or authentication methods. You are solely responsible for all activities that occur under your account, whether or not authorised by you. You must promptly notify us of any unauthorised access to or use of your account.
Where the Services allow you to create, invite, or manage additional users (including team members, employees, or agents), you are responsible for all activities conducted by such users under your account. You must ensure that all such users comply with these Terms, and you remain liable for their acts and omissions.
You may be permitted to access the Services through or connect your account with third-party services (such as social media or single sign-on providers). By doing so, you authorise us to access and use certain information from such third-party accounts as permitted by the applicable provider. We are not responsible for the availability, security, or functionality of such third-party services.
We reserve the right to suspend or terminate your account in accordance with these Terms if we reasonably believe that your account information is inaccurate, your account has been compromised, or your use of the Services violates these Terms or applicable laws.
Usage Restrictions
You shall not, and shall not permit any third party acting under your control or using your account, to: (1) access or use the Services in any manner that exceeds the scope of the rights granted under these Terms or for any unlawful or prohibited purpose; (2) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except to the extent expressly permitted by applicable law; (3) interfere with, disrupt, or gain unauthorised access to the Services, servers, networks, or systems connected to the Services, including by bypassing or attempting to bypass any security, authentication, or access control measures; (4) use the Services in a manner that could damage, disable, overburden, or materially impair the Services or interfere with any other user's access or use of the Services; (5) use any automated means, including bots, scrapers, or crawlers, to access or extract data from the Services without our prior written consent, except where such access is provided through authorised interfaces or integrations; (6) introduce or transmit any viruses, malware, or other harmful code into or through the Services; (7) use the Services or any data obtained from the Services to develop or improve any competing product or service, except where expressly authorised; (8) resell, lease, sublicense, distribute, or otherwise make the Services available to any third party, except as expressly permitted under these Terms; (9) remove, obscure, or alter any proprietary notices displayed in or on the Services; (10) circumvent or attempt to circumvent any usage limits, quotas, or technical restrictions imposed on the Services.
We may monitor use of the Services to the extent necessary to ensure compliance with these Terms and to maintain the security and integrity of the Services, and may take appropriate action, including suspension or restriction of access, where we reasonably believe a violation has occurred.
Free Services
The website, platform, and Services are provided to you free of charge, subject to these Terms.
Access to and use of the Services may be subject to limitations, including restrictions on features, functionality, storage capacity, usage levels, or availability. We reserve the right to determine, modify, or apply such limitations at our discretion, provided that any material changes are implemented in accordance with applicable law.
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we do not guarantee that the Services will be uninterrupted, secure, error-free, or free from defects, nor do we guarantee that any content or data will be preserved without loss.
We may, from time to time, update, modify, suspend, or discontinue all or any part of the Services for operational, technical, legal, or business reasons. Where such changes are material and adversely affect your use of the Services, we will take reasonable steps to provide notice.
We may impose reasonable technical or administrative measures to protect the integrity, security, or performance of the Services, including limits on usage, access, or functionality.
You acknowledge that the Services are provided without charge and agree that, to the extent permitted by applicable law, the level of service, support, and availability may differ from that of paid or commercially supported services.
Nothing in this clause affects any rights you may have under applicable law.
Licenses and User Rights
Subject to your compliance with these Terms, Figtree Development grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services during the applicable subscription term.
You may use the Services for your internal business or personal purposes, including for the benefit of your customers or end users in the ordinary course of your business, provided that you remain responsible for all use of the Services under your account and ensure compliance with these Terms.
Except for the limited rights expressly granted under these Terms, no rights, title, or interest in or to the Services are transferred to you. All rights not expressly granted are reserved by Figtree Development and its licensors. You shall not resell, sublicense, distribute, or otherwise make the Services available to any third party as a standalone service, except as expressly permitted under these Terms. Any rights granted to you are conditional upon your continued compliance with these Terms and are limited to the scope, duration, and usage limits associated with your selected subscription plan, if applicable.
User Obligations
You agree to use the Services in compliance with these Terms and all applicable laws, regulations, and industry standards. You are responsible for ensuring that all information, data, and materials provided or submitted by you through the Services are accurate, lawful, and do not infringe the rights of any third party.
You are responsible for maintaining appropriate internal controls, policies, and procedures in connection with your use of the Services, including managing user access, permissions, and security settings within your account.
You shall use the Services only in accordance with any applicable documentation, instructions, or guidelines made available by Figtree Development.
You are responsible for ensuring that your use of the Services, including any outputs or results generated through the Services, complies with applicable laws and does not result in unlawful, misleading, or harmful outcomes.
Where you provide access to the Services to other users under your account, you must ensure that such users are authorised and comply with these Terms.
Acceptable Use
You agree not to use the Service to: (1) violate any applicable law, regulation, or legal obligation, or to engage in any fraudulent, deceptive, or misleading activity; (2) upload, post, transmit, or otherwise make available any content that is unlawful, harmful, abusive, defamatory, obscene, infringing, or otherwise objectionable; (3) infringe or misappropriate any intellectual property rights, privacy rights, or other rights of any third party; (4) transmit unsolicited or unauthorised advertising, promotional materials, spam, or other forms of solicitation; (5) engage in any activity that is harmful to minors or exploits or endangers vulnerable individuals; (6) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (7) use the Services to generate, distribute, or promote content that is discriminatory, hateful, or incites violence; (8) use the Services in a manner that interferes with or disrupts the integrity, security, or performance of the Services or any related systems.
We reserve the right, but not the obligation, to monitor and review content and activity on the Services for compliance with this clause and to remove or restrict access to any content or account that we reasonably determine violates these Terms.
Intellectual Property Rights
All rights, title, and interest in and to the website, platform, and Services, including all software, technology, content, features, functionality, designs, text, graphics, interfaces, trademarks, logos, trade names, and any improvements, modifications, or derivative works thereof, are owned by or licensed to Figtree Development and are protected by applicable intellectual property laws.
Except for the limited rights expressly granted under these Terms, nothing in these Terms grants you any rights in or to the website, platform, or Services, whether by implication, estoppel, exhaustion, or otherwise. You shall not use, reproduce, modify, display, distribute, or otherwise exploit any trademarks, logos, trade names, or branding of Figtree Development without prior written consent, except as expressly permitted.
To the extent permitted by applicable law, Figtree Development asserts and reserves all moral rights (including rights of attribution and integrity) in relation to the website, platform, Services, and any associated content.
You retain all rights, title, and interest in and to any data, content, or materials that you submit, upload, or otherwise provide through the website, platform, or Services (“User Content”), subject to any rights granted under these Terms.
If you provide any feedback, suggestions, ideas, or recommendations regarding the website, platform, or Services (“Feedback”), you grant Figtree Development a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable, and unrestricted right to use, reproduce, modify, and incorporate such Feedback into the website, platform, Services, or any related products or services without any obligation or compensation to you.
User Content and Customer Data
Where the website, platform, or Services allow you to submit, upload, store, or otherwise provide data, content, or materials (“User Content”), you retain all rights, title, and interest in and to your User Content.
You grant Figtree Development a non-exclusive, worldwide, royalty-free license to access, use, process, store, transmit, and display such User Content solely for the purpose of providing, maintaining, and improving the Services, and as otherwise permitted under these Terms.
You are solely responsible for the accuracy, quality, legality, and reliability of your User Content, and for ensuring that you have all necessary rights, permissions, and consents to provide such User Content and to grant the rights set out in these Terms.
To the extent that User Content includes personal data, such data will be processed in accordance with the Privacy Policy and any applicable data processing terms.
We do not monitor or control User Content and do not assume any responsibility or liability for User Content, except as required by applicable law.
You acknowledge that, where applicable, the Services may involve the processing and storage of your User Content, and you are responsible for maintaining appropriate backups of your User Content where necessary.
Confidentiality
Each party agrees to keep confidential and not disclose to any third party any non-public, confidential, or proprietary information of the other party disclosed in connection with the use of the website, platform, or Services (“Confidential Information”), except as permitted under these Terms or required by applicable law.
Confidential Information includes, without limitation, business information, technical data, trade secrets, know-how, pricing, security information, and any other information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
The receiving party shall use the Confidential Information solely for the purpose of exercising its rights and fulfilling its obligations under these Terms and shall take reasonable measures to protect such Confidential Information from unauthorised access, use, or disclosure.
Confidential Information shall not include information that: (a) is or becomes publicly available without any breach of these Terms; (b) was lawfully known to the receiving party prior to disclosure; (c) is independently developed without use of or reference to the disclosing party's Confidential Information; or (d) is lawfully obtained from a third party without restriction on disclosure.
Nothing in this clause prevents either party from disclosing Confidential Information to its employees, contractors, or professional advisers on a need-to-know basis, provided that such recipients are bound by confidentiality obligations no less restrictive than those set out in these Terms.
Each party may disclose Confidential Information where required to do so by law, regulation, or court order, provided that, where legally permitted, it gives prior notice to the other party and cooperates in any reasonable efforts to limit or protect such disclosure.
Data Protection and Privacy
Your use of the website, platform, and Services is subject to our Privacy Policy, which describes how we collect, use, process, and protect personal data. By using the website, platform, or Services, you acknowledge that you have read and understood the Privacy Policy.
Where applicable, we may process personal data on your behalf in connection with your use of the Services. In such cases, additional data processing terms may apply. You are responsible for ensuring that your collection and use of personal data through the Services complies with applicable data protection laws.
Security
We implement and maintain reasonable administrative, technical, and organisational measures designed to protect the website, platform, Services, and any data processed through them against unauthorised access, use, alteration, or disclosure.
However, no system or method of transmission over the internet or electronic storage is completely secure, and we do not guarantee that the Services will be secure or free from vulnerabilities at all times.
You are responsible for maintaining the security of your account credentials and for implementing appropriate safeguards within your systems and environment when accessing or using the Services.
Where the Services involve the processing or storage of your data, both parties acknowledge that the safeguarding of such data depends on a combination of technical and organisational measures implemented by us and appropriate practices adopted by you in accessing and using the Services.
Third Party Services
The website, platform, or Services may enable access to, integration with, or use of third-party services, products, websites, or content (“Third Party Services”). Such Third Party Services are provided by independent third parties and are not under our control.
We do not endorse, control, or assume any responsibility for any Third Party Services, including their availability, functionality, security, or compliance with applicable laws. Your use of Third Party Services is subject to the terms and conditions of the relevant third party, and you access and use such Third Party Services at your own risk.
Where the Services allow integration with Third Party Services, you acknowledge that the operation of such integrations may depend on the continued availability and compatibility of those Third Party Services, and we are not responsible for any disruption, errors, or data loss caused by changes or issues in Third Party Services.
Integrations and APIs
Where the website, platform, or Services allow you to access or use application programming interfaces (APIs), integrations, or other technical interfaces, you agree to use them in accordance with any applicable documentation, technical specifications, and usage guidelines provided by Figtree Development.
You shall not use APIs or integrations in a manner that exceeds reasonable usage limits, circumvents technical restrictions, or interferes with the integrity, security, or performance of the Services.
You are responsible for the configuration, implementation, and maintenance of any integrations you establish, including ensuring that you have the necessary rights and permissions to connect third-party services or systems.
We do not guarantee the continued availability, compatibility, or performance of any APIs or integrations, and we may modify, suspend, or discontinue APIs or integrations at any time, with or without notice.
You are responsible for maintaining the confidentiality and security of any credentials, keys, tokens, or access mechanisms used in connection with APIs or integrations, and for all activities carried out using such access.
Support and Maintenance
We provide support in relation to the website, platform, or Services through one or more of the following channels: Email, Chat, Phone.
Details of applicable support levels, response times, and service commitments are set out in our support documentation or as otherwise agreed in writing.
We may perform scheduled or unscheduled maintenance that may affect the availability or functionality of the Services. Where reasonably practicable, we will endeavour to provide notice of scheduled maintenance.
You are responsible for providing reasonable cooperation and information as may be required for us to provide support, including describing issues and providing relevant access where necessary.
Warranties
We warrant that:
(a) we have the legal right and authority to make the website, platform, and Services available in accordance with these Terms; and
(b) we will not knowingly make available any content or materials through the website, platform, or Services that infringe third-party intellectual property rights.
(c) we will provide the Services with reasonable care and skill.
Disclaimer of Warranties
Except for the limited warranties expressly stated above, the website, platform, Services, and any content, features, functionality, software, or other materials made available through them are provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, we expressly disclaim all other warranties, conditions, representations, or guarantees of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, or error-free operation.
We do not warrant that the Services will meet your requirements, achieve any particular results, operate uninterrupted, be secure, or be compatible with any third-party systems, software, or services.
Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or in connection with your use of, or inability to use, the website, platform, or Services.
Nothing in these Terms shall exclude or limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under applicable law.
Termination and Effect of Termination
We may suspend or terminate your access to the website, platform, or Services, in whole or in part, at any time and with immediate effect where we reasonably believe that you have breached these Terms, failed to make any payment when due, or where your use of the Services poses a risk to the security, integrity, or lawful operation of the Services.
You may stop using the Services at any time. Where you have a subscription, you may cancel your subscription in accordance with the applicable cancellation terms, and such cancellation will take effect at the end of the then-current billing cycle unless otherwise specified.
Upon termination of these Terms by us for cause, your right to access and use the Services will cease immediately.
Upon termination or expiry of these Terms for any reason: (a) we may delete or disable access to your data in accordance with these Terms and any applicable data retention policies; (b) any outstanding fees or payment obligations shall become immediately due and payable.
Termination shall not affect any rights or obligations that have accrued prior to the date of termination. Any provisions of these Terms which by their nature are intended to survive termination shall continue in full force and effect.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Florida, USA.
Any dispute, controversy, or claim arising out of or in connection with these Terms or the use of the website, platform, or Services shall be subject to the exclusive jurisdiction of the courts of Florida, USA.
Dispute Resolution
Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall first be submitted to mediation.
The mediation shall be conducted in accordance with American Arbitration Association (AAA) Commercial Mediation Procedures, at Polk County, Florida, United States, and in English.
If the dispute is not resolved through mediation within 60 day(s), the dispute shall then be referred to and finally resolved by arbitration conducted in accordance with American Arbitration Association (AAA) Commercial Arbitration Rules, or the AAA Consumer Arbitration Rules where those rules apply, by 1 arbitrator(s), seated in Polk County, Florida, United States, and conducted in English.
Following the conclusion of the arbitration, either party may refer the dispute to the courts of Florida, USA, including for the purposes of recognition, enforcement, challenge, or any further proceedings permitted under applicable law.
Compliance with Laws
You agree to comply with all applicable laws and regulations in connection with your use of the website, platform, and Services. We shall comply with all applicable laws and regulations in connection with the provision of the website, platform, and Services.
Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, failures of utilities or telecommunications networks, or interruptions to internet services.
Where such an event occurs, we shall be entitled to a reasonable extension of time to perform the affected obligations. If the event continues for an extended period, we may suspend or terminate the affected Services upon providing reasonable notice.
Assignment
You may not assign, transfer, novate, charge, subcontract, delegate, declare a trust over, or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent.
We may assign, transfer, novate, subcontract, delegate, charge, or otherwise dispose of any of our rights or obligations under these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganisation, sale of assets, or by operation of law, provided that such transfer does not materially reduce your rights under these Terms.
Any attempted assignment, transfer, novation, charge, delegation, or other disposal in breach of this clause shall be null and void to the extent permitted by applicable law.
These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
Changes to the Terms
We may update or modify these Terms from time to time to reflect changes to the website, platform, or Services, changes in applicable laws or regulations, or for other operational, legal, or business reasons.
Where we make material changes to these Terms, we will provide notice to you through the Services, by email, or by other appropriate means reasonably designed to bring the changes to your attention.
Your continued use of the website, platform, or Services after the updated Terms come into effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services and, where applicable, cancel your subscription.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.
Waiver
No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any further exercise of that or any other right, power, or remedy.
Any waiver of any provision of these Terms shall be effective only if made in writing and shall not be deemed a waiver of any subsequent breach or default.
Entire Agreement
These Terms constitute the entire agreement between you and us in relation to your use of the website, platform, and Services, and supersede all prior agreements, understandings, representations, and arrangements, whether written or oral.
You acknowledge that you have not relied on any statement, representation, assurance, or warranty that is not expressly set out in these Terms, except to the extent that such exclusion is not permitted under applicable law.
Survival
Any provisions of these Terms which by their nature are intended to survive termination or expiry, including provisions relating to intellectual property, limitation of liability, indemnification, dispute resolution, governing law, and jurisdiction, shall survive termination or expiry of these Terms.
No Third-Party Rights
These Terms are entered into solely between you and us and are not intended to confer any rights or benefits on any third party. Accordingly, no person or entity who is not a party to these Terms shall have any right to enforce or rely on any provision of these Terms.
Nothing in these Terms shall create or be deemed to create any third-party beneficiary rights, except to the extent that such rights cannot be excluded under applicable law.
This clause does not affect any rights or remedies that may be available to a third party under applicable law where such rights cannot be lawfully excluded.
Relationship of Parties
Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, fiduciary, or employment relationship between the parties.
The parties are independent contractors, and nothing in these Terms shall be construed as creating any relationship of agency, partnership, or joint enterprise, nor as authorising either party to act for or on behalf of the other or to bind the other in any manner, except as expressly provided in these Terms.
Neither party shall have any authority to incur any obligation or liability on behalf of the other, and each party shall act solely in its own name and on its own behalf.
Each party shall remain solely responsible for its own acts, omissions, and obligations in connection with these Terms and the use or provision of the website, platform, and Services.
Interpretation
In these Terms, unless the context otherwise requires: (a) headings are for convenience only and shall not affect the interpretation of these Terms; (b) references to “including”, “include”, or similar expressions shall be construed as illustrative and shall not limit the generality of the preceding words; (c) references to any law or regulation shall include any amendments, re-enactments, or replacements from time to time; (d) references to the singular include the plural and vice versa, and references to any gender include all genders; (e) references to “written” or “in writing” include email and other electronic communications, unless otherwise expressly stated; and (f) any obligation on a party not to do something includes an obligation not to permit or allow that thing to be done.
Notices
Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered through the website or platform, sent by email to the address associated with your account, or by other means reasonably designed to ensure receipt.
Notices to us shall be sent to:
- HCDrane Enterprises LLC DBA Figtree Development 238 N Massachuetts Ave, 1st Floor Lakeland, Fl 33801
- Email: [email protected]
You are responsible for ensuring that your contact information, including your email address, is accurate and up to date. We are not responsible for any failure to receive notices where such failure results from inaccurate or outdated contact information provided by you.
Any notice sent under these Terms shall be deemed to have been received:
- if delivered by hand, at the time of delivery;
- if sent by pre-paid post, 30 business day(s) after posting; and
- if sent by email, at the time of transmission, provided no delivery failure notification is received.