1. Agreement to Terms
By accessing or using the Foundry Bits website (foundrybits.com) and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.
These terms apply to all visitors, users, and clients who access or use our services.
2. Services Description
Foundry Bits provides software development services including but not limited to:
- Landing page development
- MVP (Minimum Viable Product) development
- Enterprise application development
- AI-ready application architecture
- Custom software development
- Ongoing maintenance and support
3. Service Agreement and Project Scope
Each project engagement will be governed by:
- A detailed proposal outlining scope, deliverables, and timeline
- Written acceptance of the proposal by the client
- Payment terms as specified in the proposal
- These Terms of Service as the governing framework
Any changes to the agreed scope must be documented in writing and may result in adjusted pricing and timelines.
4. Payment Terms
Payment structure:
- Initial consultation: Free, no deposit required
- Project commencement: 50% deposit required to begin work
- First revision: Clients may request a full refund of the deposit after the first revision if not satisfied
- Project completion: Remaining 50% due upon final delivery and approval
- Late payments: May result in project suspension and/or interest charges
All prices are quoted in EUR or USD and exclude applicable taxes unless stated otherwise.
5. Intellectual Property Rights
Client Ownership:
- Upon full payment, clients receive complete ownership of all custom code, designs, and assets created specifically for their project
- This includes source code, documentation, design files, and any project-specific materials
- Clients may use, modify, distribute, or resell the delivered work without restriction
Third-Party Components:
- Open-source libraries and frameworks remain under their respective licenses
- We will inform you of any third-party components and their licenses
Foundry Bits Rights:
- We retain the right to use generalized knowledge and techniques learned during your project
- We may showcase completed projects in our portfolio unless you request confidentiality
6. Client Responsibilities
Clients are responsible for:
- Providing accurate and timely information, requirements, and feedback
- Providing necessary access to systems, accounts, or resources
- Reviewing deliverables within agreed timeframes
- Making timely payments as specified
- Ensuring they have the right to use any content or materials they provide
- Complying with all applicable laws and regulations in using the delivered software
7. Warranties and Disclaimers
Our Warranties:
- We will deliver services with reasonable skill and care
- Deliverables will substantially conform to agreed specifications
- We provide 30 days of free bug fix support after project delivery
Disclaimers:
- Services are provided "as is" without warranties of any kind beyond those explicitly stated
- We do not guarantee specific business results, revenue, or user engagement
- We are not responsible for third-party services, APIs, or platforms used in your project
- We do not warrant that software will be error-free or uninterrupted
8. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability for any claim arising from our services shall not exceed the total fees paid by the client for that specific project
- We are not liable for indirect, incidental, special, consequential, or punitive damages
- We are not liable for loss of profits, revenue, data, or business opportunities
This limitation applies regardless of the basis of liability, whether in contract, tort, negligence, strict liability, or otherwise.
9. Confidentiality
We will:
- Keep confidential all non-public information shared by clients
- Use confidential information only for providing agreed services
- Not disclose confidential information to third parties without consent
- Return or destroy confidential information upon request after project completion
A separate Non-Disclosure Agreement (NDA) can be executed upon request for projects requiring additional confidentiality protections.
10. Termination
By Client:
- Clients may terminate after the first revision with a full refund of the deposit
- After the first revision, termination requires payment for work completed to date
By Foundry Bits:
- We may terminate if payment is more than 30 days overdue
- We may terminate if the client materially breaches these terms
- We may terminate if the client requests illegal or unethical work
Upon termination, clients receive all work completed to date and pay for services rendered.
11. Indemnification
Clients agree to indemnify and hold harmless Foundry Bits from any claims, damages, losses, or expenses arising from: (a) client's use of the delivered software, (b) client's breach of these terms, (c) client-provided content or materials, or (d) violation of any laws or third-party rights.
12. Dispute Resolution
In the event of a dispute:
- Parties will first attempt to resolve the matter through good faith negotiation
- If negotiation fails, parties may pursue mediation before resorting to litigation
- Any legal action must be brought in the jurisdiction where Foundry Bits is registered
13. Force Majeure
Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, natural disasters, or internet/utility failures.
14. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the modified terms. Existing project agreements remain under the terms in effect when the project began.
15. Entire Agreement
These Terms of Service, together with any project-specific proposal and our Privacy Policy, constitute the entire agreement between you and Foundry Bits. These terms supersede any prior agreements or understandings, whether written or oral.
16. Contact Information
If you have questions about these Terms of Service, please contact us: