These Terms of Service ("Terms") govern your use of the Bespoke Solutions website and any custom software, hosting, and support services (the "Services") provided by Bespoke Solutions ("we," "us," or "our"). By using our website or Services, you agree to these Terms. We may amend these Terms at any time, as described in Section 13.
1. Services
We design, develop, and host custom software applications for businesses. The features and scope of each app are described in your request or written agreement, and descriptions on this website (including features, turnaround times, backups, and support) are general in nature and are not promises, guarantees, or warranties of any specific result.
2. Fees & Payment
A valid payment method is required to start a free trial. You will not be charged during the free trial. When the trial ends, the plan you selected (monthly or yearly) is billed in advance and renews automatically at the then-current rate until you cancel. Additional revisions are billed per revision at the rate shown on our pricing page. Late payments may result in suspension of hosting services after notice. Free trials are provided for evaluation only and may be ended or modified by us at any time.
3. Ownership & Intellectual Property
Bespoke Solutions retains full and exclusive ownership of all software, source code, object code, designs, database structures, templates, workflows, documentation, and other materials created or used in connection with the Services, including any custom application built for you, and all intellectual property rights in them. Nothing in these Terms or in any payment transfers ownership of any of the foregoing to you. While you are an active, paying customer (or in an authorized free trial), we grant you a limited, non-exclusive, non-transferable, revocable license to access and use your hosted application for your internal business purposes. You may not copy, modify, distribute, sell, sublicense, decompile, reverse engineer, or attempt to extract the source code of any application, or build a competing product from it. You retain ownership of the business data you enter into your application ("Your Data"), and you grant us permission to host, process, and back up Your Data as needed to provide the Services. Any feedback or suggestions you give us may be used by us freely without obligation to you.
4. Client Responsibilities
You are responsible for the accuracy and legality of Your Data, for maintaining the confidentiality of user credentials, for all activity under your accounts, and for using the Services in compliance with all laws and regulations that apply to your business, including privacy, tax, employment, housing, and consumer-protection laws. You are solely responsible for keeping your own copies of any data that is important to you and for any decisions you make based on the output of an application.
5. No Warranties - Provided "As Is"
THE WEBSITE, ALL APPLICATIONS, HOSTING, SUPPORT, AND ALL OTHER SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT GUARANTEE THAT ANY APPLICATION WILL MEET YOUR REQUIREMENTS, BE FREE OF BUGS OR VULNERABILITIES, BE AVAILABLE AT ANY PARTICULAR TIME, OR PRODUCE ANY PARTICULAR BUSINESS RESULT, AND WE DO NOT GUARANTEE THE PRESERVATION, BACKUP, OR RECOVERY OF ANY DATA. No advice or information, oral or written, creates any warranty.
6. Hosting, Support & Availability
Hosting, backups, updates, and support are provided on a reasonable-efforts basis only. There is no service level agreement, uptime commitment, or response-time commitment unless we agree otherwise in a signed writing. We may modify, suspend, or discontinue any application, feature, or the Services (in whole or part) at any time, with or without notice.
7. Disclaimer of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BESPOKE SOLUTIONS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR RELATED TO THE WEBSITE, THE SERVICES, OR THESE TERMS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, AND INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, DATA BREACHES, DOWNTIME, SOFTWARE ERRORS, OR ANY THIRD-PARTY CLAIMS, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You use the Services entirely at your own risk. If any court of competent jurisdiction determines that any part of this disclaimer is unenforceable, our total aggregate liability for all claims will not exceed the fees you actually paid us in the three (3) months before the claim arose, or one hundred dollars ($100) if you paid nothing (including during a free trial).
8. Release & Indemnification
You release Bespoke Solutions from all claims, demands, and damages, known or unknown, arising from your use of the Services. You agree to defend, indemnify, and hold harmless Bespoke Solutions and its owners, employees, and contractors from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from Your Data, your use of the Services, your business operations, your violation of these Terms or of any law, or any claim by your customers, tenants, employees, or other third parties.
9. Third-Party Services
Applications may rely on or connect to third-party services (for example, hosting, payment, email, text-messaging, or accounting providers). We do not control and are not responsible for those services, their availability, or their terms and fees.
10. Payment Processing & Third-Party Payment Services
If you choose to accept payments from your customers through your application using a third-party payment processor or service (for example, Stripe, Square, PayPal, Clover, Authorize.Net, or QuickBooks Payments) ("Payment Services"), your relationship with that provider is governed solely by your agreement with it. You are responsible for opening and maintaining your own account with the provider, for supplying the credentials, API keys, and other details needed for the integration, and for keeping them secure. Bespoke Solutions is not a payment processor and does not hold, transmit, or settle funds.
WE HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY PAYMENT SERVICES OR FOR ANY ISSUE ARISING FROM THEIR USE WITH YOUR APPLICATION, including failed, delayed, duplicate, incorrect, or unauthorized charges; refunds, chargebacks, disputes, holds, reserves, or payouts; fees charged by the provider; fraud; suspension or termination of your account by the provider; outages, errors, or changes to the provider's systems or APIs that affect your application; security incidents at the provider; and compliance with card-network rules, PCI DSS, tax, or consumer-protection requirements.
You are solely responsible for all payments collected through your application and for testing, verifying, and regularly monitoring that payments are processed correctly, including reconciling your application's records with your provider's records. Any payment integration we build is provided "as is" under Section 5, and Sections 7 and 8 apply in full to any claim related to Payment Services.
11. Suspension & Termination
You may stop using the Services at any time. We may suspend or terminate your access at any time, including for non-payment, misuse, or any breach of these Terms. After termination, on your written request made within thirty (30) days, we will make reasonable efforts to provide an export of Your Data in a common format. After that period we may delete Your Data without liability. Sections that by their nature should survive termination (including ownership, disclaimers, liability, and indemnification) will survive.
12. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
13. Amendments to These Terms
We may amend, modify, add to, or replace these Terms (and any policy they refer to) at any time, at our sole discretion, with or without notice to you. Amended Terms take effect as soon as they are posted on this page, as shown by the "Last updated" date. Your continued access to or use of the website or Services after amended Terms are posted means you accept them. If you do not agree to the amended Terms, you must stop using the Services. It is your responsibility to review these Terms periodically.
14. General
If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce any provision is not a waiver of it. These Terms are the entire agreement between you and Bespoke Solutions regarding the Services and supersede any prior statements or understandings.