cmdev
Legal · Terms

Terms of service. The agreement when you engage us.

These terms explain what we deliver, what you're responsible for, how we get paid, who owns what, and what happens when something goes wrong. They protect both parties and set clear expectations for the engagement.

Last updated · January 2025
Agreement overview
  • Terms apply to all our software development services.
  • Project-specific terms may add to or supersede these baseline terms.
  • We recommend reading them and asking questions before engaging us.
  1. 01

    Service terms

    Scope
    • Custom software development and consulting
    • Cloud architecture design and implementation
    • Web and mobile application development
    • AI/ML integration and development
    • DevSecOps and infrastructure management
    Delivery
    • Project basis or ongoing retainer
    • Estimated timelines, subject to scope and complexity
    • Agile cadence with regular client communication
    • Deliverables produced against agreed milestones
  2. 02

    Client responsibilities

    • Provide accurate and complete project requirements
    • Respond to feedback and approval requests in a timely manner
    • Provide access to systems, accounts, and resources as needed
    • Make payments according to agreed terms and schedule
    • Comply with applicable laws and regulations
    • Respect intellectual property rights and confidentiality
  3. 03

    Payment terms

    Schedule
    • Project payments typically structured in milestones
    • 50% deposit required to begin most projects
    • Ongoing support billed monthly in advance
    • Final payment due upon project completion
    Methods & terms
    • Bank transfer, credit card, or approved payment processors
    • Invoices due within 30 days unless otherwise agreed
    • Late fees may apply after 30 days (1.5% per month)
    • Prices in USD unless otherwise specified
    • Refunds subject to project-specific agreements
  4. 04

    Intellectual property

    Client-owned IP

    Upon full payment, you own the custom code and designs created specifically for your project — your unique business logic, branding, and custom features.

    cmdev IP

    We retain rights to our general methodologies, frameworks, tools, and any pre-existing intellectual property, plus generalized knowledge and techniques developed during your project.

    Third-party components

    Projects may include open-source libraries and third-party services subject to their own licenses. We clearly identify any such components and their licensing terms.

  5. 05

    Confidentiality

    What we protect
    • Business strategies and plans
    • Technical specifications
    • Customer data and information
    • Proprietary processes
    • Financial information
    How we protect it
    • Signed NDAs when required
    • Secure development practices
    • Need-to-know access controls
    • Secure data handling procedures
    • Professional staff training
  6. 06

    Warranties and disclaimers

    Our warranties
    • Services performed in a professional and workmanlike manner
    • Bug fixes for 90 days after project completion for reported issues
    • We hold the right to provide the services and deliverables
    Disclaimers

    Except as expressly set forth herein, all services are provided "as is" without warranty of any kind.

    • We do not guarantee specific business outcomes or results
    • Software performance may vary based on hosting and infrastructure
    • Third-party integrations are subject to their own terms and availability
    • We are not responsible for data loss due to client actions or force majeure
  7. 07

    Limitation of liability

    To the maximum extent permitted by law:

    • Total liability for any claims related to our services shall not exceed the amount paid for the specific project
    • We shall not be liable for indirect, incidental, special, or consequential damages
    • We shall not be liable for lost profits, business interruption, or loss of data
    • Some jurisdictions don't allow limitation of liability, so these limitations may not apply to you
  8. 08

    Termination

    Termination rights
    • Either party may terminate ongoing services with 30 days written notice
    • Either party may terminate immediately for material breach
    • We may terminate immediately for non-payment after 60 days
    Post-termination
    • You receive all completed work and paid-for deliverables
    • Payment due for all work completed through termination date
    • Confidentiality obligations survive termination
    • We provide reasonable assistance with transition
  9. 09

    Governing law & disputes

    Governing law

    These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law provisions.

    Dispute resolution

    We prefer to resolve disputes through direct communication. If necessary, disputes will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.

    Jurisdiction

    Any legal proceedings shall be conducted in the state and federal courts located in Delaware, United States.

  10. 10

    Changes to terms

    We may update these terms from time to time. We notify existing clients of material changes and provide reasonable time to review. Continued use of our services constitutes acceptance of updated terms.

Legal team

Questions about these terms?

We're happy to walk through them and answer specifics before you engage us.

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