Terms of Service

These Terms of Service ("Terms") outline the agreement between you ("Client") and Bear Peak Software, LLC regarding the provision of software development and consulting services. Engaging our services constitutes your acceptance of these Terms.

1. Scope of Services

Bear Peak Software, LLC will provide software development, implementation, and related consulting services as defined in a separate Statement of Work (SOW) or service agreement. The SOW will detail specific deliverables, timelines, and service fees.

2. Payment Terms

The Client agrees to pay all fees as specified in the SOW. Service fees may be billed on a fixed-fee or time-and-materials basis, as agreed in writing. Any third-party infrastructure, licensing, or subscription costs (for example, hosting or cloud services) are separate and are the direct responsibility of the Client. Late payments may incur interest and could result in a temporary suspension of services.

3. Client Responsibilities

Successful collaboration requires the Client to provide timely access to necessary assets, including technical documentation, system credentials, data sources, and brand materials. The Client must also provide prompt feedback and approvals to ensure project timelines are met.

4. Timelines and Deliverables

Bear Peak Software, LLC will use commercially reasonable efforts to meet all project timelines. However, these timelines are estimates and can be affected by factors beyond our control, such as client delays or third-party platform changes. We are not liable for delays not directly caused by our actions.

5. Confidentiality

Both Bear Peak Software, LLC and the Client agree not to disclose any confidential information received from the other party. This includes business strategies, financial data, technical information, source code, and customer information. This clause survives the termination of our service agreement.

6. Limitation of Liability

While we strive for excellence, Bear Peak Software, LLC does not guarantee specific business outcomes or results, as they are subject to many external variables. Our total liability under this agreement shall not exceed the total amount of service fees paid by the Client to us in the three months preceding the claim.

7. Termination

Either party may terminate the service agreement with 30 days' written notice. Bear Peak Software, LLC reserves the right to terminate the agreement immediately for material breach, including non-payment.

8. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the jurisdiction in which Bear Peak Software, LLC is registered.