Terms of Service

By accessing and using BinarySails' services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these terms, please do not use our services.

These terms apply to all visitors, users, and clients who access or use our software development services.

BinarySails provides custom software development services including but not limited to:

• Web application development
• Mobile application development
• Backend and API development
• CTO and Architect as a Service
• Live Scouting and process automation
• Technical consulting and advisory services

Specific terms for each service engagement will be outlined in individual project agreements or statements of work.

All development projects will be governed by separate project agreements that include:

• Detailed scope of work and deliverables
• Timeline and milestones
• Payment terms and schedule
• Intellectual property arrangements
• Change request procedures

Project agreements take precedence over these general terms for specific project matters.

Clients agree to:

• Provide accurate and complete information necessary for project completion
• Respond to requests for information and feedback in a timely manner
• Provide access to necessary systems, data, and personnel
• Review and approve deliverables within agreed timeframes
• Make payments according to agreed terms
• Ensure proper use of delivered software and systems

Client IP: Clients retain ownership of their existing intellectual property, data, and business processes.

Developed Solutions: Unless otherwise specified in the project agreement, clients will own the custom software solutions developed specifically for them.

BinarySails IP: We retain ownership of our proprietary methodologies, frameworks, tools, and general knowledge gained during projects.

Third-Party Components: Some solutions may include third-party components subject to their own licensing terms.

BinarySails agrees to:

• Maintain strict confidentiality of all client information
• Use client information solely for providing agreed services
• Implement appropriate security measures to protect confidential data
• Not disclose confidential information to third parties without consent

Separate non-disclosure agreements may be executed for additional protection when required.

Unless otherwise specified in project agreements:

• Payment terms will be Net 30 days from invoice date
• Late payments may incur interest charges
• Work may be suspended for overdue accounts
• All fees are quoted in USD unless otherwise stated
• Expenses will be billed at cost with prior approval

Service Warranty: We warrant that our services will be performed in a professional manner consistent with industry standards.

Software Warranty: Custom software will function substantially in accordance with agreed specifications for a warranty period defined in the project agreement.

Disclaimer: Except as expressly stated, all services and deliverables are provided \"AS IS\" without warranty of any kind.

BinarySails' total liability for any claims arising from our services will not exceed the total amount paid by the client for the specific project giving rise to the claim.

We will not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption.

Clients agree to maintain appropriate backups and business continuity measures.

Either party may terminate these terms or specific project agreements:

• With 30 days written notice for convenience
• Immediately for material breach that remains uncured after 15 days notice
• Immediately for insolvency or bankruptcy

Upon termination, clients remain responsible for payment of services rendered and BinarySails will provide transition assistance as reasonably requested.

Neither party will be liable for any delay or failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, or major technological disruptions.

These terms are governed by and construed in accordance with applicable international business laws and the laws of the jurisdiction where BinarySails is registered.

Any disputes will be resolved through good faith negotiation first, followed by binding arbitration if necessary.

We may update these terms from time to time. Material changes will be communicated to active clients with 30 days advance notice. Continued use of our services after changes take effect constitutes acceptance of the updated terms.