Terms & Conditions

These Terms & Conditions ("Terms") govern your use of the StonkSoftware website and your engagement of StonkSoftware ("StonkSoftware", "we", "us", "our") for software development services. By using this website or engaging our services, you agree to these Terms.

1. Who we are

StonkSoftware is a software development firm headquartered at 80 Broad St #500, New York, NY 10004, United States. You can reach us at [email protected].

2. Definitions

• "Client" means the individual or company engaging StonkSoftware for services.
• "Services" means the software design, development, consulting, or related services we provide.
• "Agreement" means the signed proposal, statement of work (SOW), or master services agreement (MSA) governing a specific engagement.
• "Deliverables" means the software, code, documentation, or other work product produced for a Client under an Agreement.

3. Acceptance of terms

By submitting our contact form, signing a proposal, or otherwise engaging our Services, you confirm that you have read, understood, and agree to be bound by these Terms and, where applicable, the specific Agreement governing your engagement. If you do not agree, please do not use this website or our Services.

4. Scope of services

StonkSoftware provides custom software development services, including but not limited to web, mobile, and backend software design and engineering. The specific scope, deliverables, milestones, timeline, and fees for any engagement are set out separately in a signed Agreement. In the event of any conflict between these Terms and a signed Agreement, the Agreement governs.

5. Client responsibilities

To enable us to perform the Services, the Client agrees to:

• Provide timely, accurate information, feedback, and access (e.g. to systems, credentials, or content) reasonably required for the project;
• Designate a point of contact with authority to make decisions on the Client's behalf;
• Review and approve Deliverables within the timeframes set out in the Agreement; and
• Make payments according to the agreed schedule.

Delays caused by the Client in providing the above may result in corresponding delays to the project timeline, for which StonkSoftware is not responsible.

6. Fees and payment

Fees, invoicing schedules, currency, and late-payment terms are defined in the Agreement for each engagement. Unless otherwise agreed, invoices are due within 15 days of the invoice date. StonkSoftware reserves the right to pause work on any engagement where invoices remain unpaid beyond the agreed terms, without liability for any resulting delay.

7. Intellectual property

Unless otherwise agreed in writing, ownership of custom Deliverables created specifically for the Client transfers to the Client upon receipt of full payment for the work in question. StonkSoftware retains all rights to its own pre-existing tools, libraries, frameworks, methodologies, and general know-how used in the course of delivering the Services, and may reuse such pre-existing materials in other engagements, provided no Client-confidential or proprietary information is disclosed.

8. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with an engagement, and to use it only for the purposes of that engagement, except where disclosure is required by law.

9. Warranties and disclaimers

StonkSoftware will perform the Services with reasonable skill and care, consistent with generally accepted industry standards. Except as expressly stated in a signed Agreement, the Services and Deliverables are provided "as is" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

10. Limitation of liability

To the maximum extent permitted by law, StonkSoftware's total liability arising out of or relating to an engagement — whether in contract, tort, or otherwise — is limited to the total fees paid by the Client for the specific engagement giving rise to the claim. StonkSoftware is not liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunity.

11. Indemnification

The Client agrees to indemnify and hold StonkSoftware harmless from any third-party claims arising from the Client's misuse of the Deliverables, breach of these Terms, or violation of applicable law.

12. Termination

Either party may terminate an active engagement in accordance with the notice and payment terms set out in the applicable Agreement. Upon termination, the Client is responsible for payment of all fees for work performed up to the effective date of termination.

13. Force majeure

Neither party is liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including natural disasters, labor disputes, internet or infrastructure outages, or acts of government.

14. Governing law and disputes

Unless otherwise specified in a signed Agreement, these Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law principles. Any dispute arising under these Terms will first be addressed through good-faith negotiation between the parties before either party pursues formal legal action.

15. Severability

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Changes to these terms

We may update these Terms from time to time to reflect changes in our practices or for legal or operational reasons. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of our website or Services after changes take effect constitutes acceptance of the revised Terms.

17. Contact

Questions about these Terms can be sent to [email protected] or mailed to StonkSoftware, 80 Broad St #500, New York, NY 10004, United States.