Terms of Service

Last Updated: March 17, 2026

Welcome to our Terms of Service. Please read these terms carefully before engaging our software development services. By accessing our website or utilizing our services, you agree to be bound by these Terms of Service.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Client," "you," or "your") and our software development company (the "Company," "we," "us," or "our"). By engaging us for software development, consulting, or related services, you accept and agree to comply with these Terms. If you do not agree with these Terms, you must not use our services.

2. Services Provided

We specialize in providing custom software development, IT consulting, and related technical services to enterprise and startup clients. The specific scope of work, deliverables, timelines, and fees will be detailed in a separate Statement of Work (SOW), Master Services Agreement (MSA), or project proposal agreed upon by both parties. These Terms apply to all services provided by the Company unless explicitly superseded by a signed MSA.

3. Client Responsibilities

To ensure the successful delivery of our services, you agree to:

  • Provide timely access to necessary information, materials, systems, and personnel required for the project.
  • Ensure that any materials provided to us (such as logos, designs, or proprietary software) do not infringe on the intellectual property rights of any third party.
  • Promptly review and provide feedback on deliverables, prototypes, and milestones. Delays in feedback may result in corresponding adjustments to project timelines.

4. Intellectual Property Rights

Pre-existing Materials: Both parties retain all rights, title, and interest in their respective pre-existing intellectual property. We retain ownership of any proprietary tools, frameworks, libraries, or methodologies used in the development process that were created prior to or independently of the project.

Custom Deliverables: Upon full payment of all fees outlined in the applicable SOW or invoice, the Company assigns to the Client all rights, title, and interest in the custom software, source code, and deliverables created specifically for the Client during the project.

License to Pre-existing Materials: To the extent that our pre-existing materials are incorporated into the final deliverables, we grant you a non-exclusive, worldwide, royalty-free, perpetual license to use those materials solely as part of the intended use of the deliverables.

5. Confidentiality

We understand that working with enterprises and startups involves handling sensitive and proprietary information. Both parties agree to maintain the confidentiality of all non-public information disclosed during the course of the engagement. Confidential information shall not be disclosed to any third party without prior written consent, except as required by law or to subcontractors who are bound by similar confidentiality obligations. This obligation survives the termination of these Terms.

6. Payment Terms

Fees for our services will be set forth in the applicable SOW or proposal. Unless otherwise specified:

  • Invoices are payable within thirty (30) days of the invoice date.
  • We reserve the right to suspend services if payments are not received by the due date.
  • All fees are exclusive of applicable taxes, which shall be the responsibility of the Client.

7. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner, consistent with industry standards. However, software development is inherently complex, and we do not warrant that the deliverables will be completely error-free or operate without interruption.

Except as expressly set forth herein, all services and deliverables are provided "as is." We disclaim all other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with these Terms or the services provided. Our total aggregate liability arising from or related to these Terms or any applicable SOW shall not exceed the total amount paid by you to us for the specific services giving rise to the claim during the six (6) months preceding the event causing the liability.

9. Termination

Either party may terminate these Terms or any active SOW for convenience upon thirty (30) days prior written notice. Either party may terminate immediately for cause if the other party materially breaches these Terms and fails to cure the breach within fifteen (15) days of receiving written notice. Upon termination, the Client shall pay for all services rendered and expenses incurred up to the effective date of termination.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is registered, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be resolved through good-faith negotiations. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration or the exclusive jurisdiction of the competent courts in our registered jurisdiction.

11. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

12. SMS Communications

By providing your phone number and opting in, you agree to receive SMS messages from Blood and Treasure related to your inquiry. Message frequency varies. Message and data rates may apply. You can reply STOP to unsubscribe or HELP for assistance.

13. Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us at hello@bloodandtreasure.com.