Terms of Service

Services Description

Open Sky Development provides web development, software development, mobile application development, and related technology services. Our services include but are not limited to:

• Custom web application development
• Mobile app development for iOS and Android
• UI/UX design and user experience optimization
• Cloud infrastructure and DevOps services
• Software maintenance and support
• Technology consulting and strategy

Use License and Restrictions

Permitted Use

You may use our website and services for legitimate business purposes in accordance with these terms.

Prohibited Activities

You may not:

• Use our services for any unlawful purpose or to solicit unlawful acts
• Violate any international, federal, provincial, or state regulations or laws
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• Submit false or misleading information
• Upload or transmit viruses or any other type of malicious code
• Attempt to gain unauthorized access to our systems or networks

Client Obligations and Responsibilities

As a client of Open Sky Development, you agree to:

• Provide accurate and complete information necessary for project completion
• Respond to communications and requests in a timely manner
• Provide necessary access to systems, accounts, and resources as required
• Pay all fees and charges according to the agreed payment terms
• Respect intellectual property rights and confidentiality agreements
• Provide feedback and approvals within reasonable timeframes

Payment Terms

Fees and Billing

Project fees, payment schedules, and terms will be outlined in individual service agreements or statements of work. Unless otherwise specified:

• Invoices are due within 30 days of the invoice date
• Late payments may incur interest charges of 1.5% per month
• Work may be suspended for accounts more than 30 days past due
• All fees are non-refundable unless specifically stated otherwise

Disputes

Any billing disputes must be raised within 30 days of the invoice date. We will work in good faith to resolve any legitimate billing concerns.

Intellectual Property Rights

Client Work Product

Upon full payment of all fees, clients will own the custom work product created specifically for their project, subject to any third-party licenses and our retained rights in general methodologies and know-how.

Open Sky Development Property

We retain ownership of our proprietary tools, frameworks, methodologies, and any pre-existing intellectual property used in the delivery of services.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our business relationship. This obligation continues beyond the termination of services.

Project Timelines and Delivery

Project timelines are estimates based on the information provided and agreed scope of work. Actual delivery dates may vary due to:

• Changes in project scope or requirements
• Delays in client feedback or approvals
• Technical challenges or third-party dependencies
• Force majeure events beyond our reasonable control

Limitation of Liability

To the maximum extent permitted by law, Open Sky Development shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific services giving rise to the claim.

Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner in accordance with industry standards.

Disclaimer

Except as expressly stated, our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

Termination

Either party may terminate services with written notice. Upon termination:

• Client remains obligated to pay for all services performed to date
• We will deliver any completed work product upon payment of outstanding fees
• Confidentiality obligations continue beyond termination
• Both parties will return or destroy confidential information upon request

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Open Sky Development is incorporated, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall first be addressed through good faith negotiation. If resolution cannot be reached, disputes may be subject to binding arbitration or court proceedings as appropriate.

Force Majeure

Neither party shall be liable for any delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, pandemics, or infrastructure failures.

Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients, and continued use of our services constitutes acceptance of the modified terms.

Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Contact Information

For questions about these Terms of Service, please contact us: