Terms of Service

These Terms of Service (“Terms”) form an agreement between you and Nothing But Software (“we”, “us”, or “our”) and govern your access to and use of nothingbutsoftware.io, together with any content, functionality, and services we offer through it (collectively, the “Site”).

By accessing or using the Site, you confirm that you accept these Terms and agree to be bound by them. If you do not agree, you must not use the Site.

Client work is governed by a separate signed agreement. Where a statement of work, master services agreement, or other signed contract between us conflicts with these Terms, that signed agreement controls for the services it covers.

You must be at least 18 years old and capable of forming a binding contract to use the Site. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for your own internal business or personal purposes. You agree not to:

• use the Site in any way that breaches applicable laws or regulations;
• attempt to gain unauthorised access to the Site, its servers, or any connected system or network;
• interfere with, disrupt, or place undue load on the Site, including through denial-of-service activity;
• scrape, harvest, or systematically extract data from the Site without our prior written consent;
• introduce viruses, trojans, worms, or other material that is malicious or technologically harmful;
• reverse engineer, decompile, or attempt to derive source code from any part of the Site, except to the extent that restriction is prohibited by law;
• use the Site to transmit unsolicited commercial communications, or to impersonate any person or entity.

We may suspend or terminate your access to the Site at any time, without notice, if we reasonably believe you have breached these Terms.

Descriptions of services, engagement models, timelines, and prices on the Site are provided for general information and are not an offer. Indicative prices are starting points only; actual fees, scope, deliverables, and schedules are set out in a written proposal or statement of work signed by both parties.

Unless a signed agreement says otherwise, estimates are non-binding, and any timeline we discuss assumes you provide access, content, approvals, and decisions in a reasonable time.

The Site and all of its content — including text, graphics, logos, layout, and software — are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. Our name, logo, and brand assets may not be used without our prior written permission.

Ownership of work product created for clients is governed by the relevant signed agreement. Our standard position is that, on receipt of full payment, the client owns the deliverables we create specifically for them, and we retain ownership of any pre-existing or general-purpose tools, libraries, and know-how used to produce them, licensed to the client for use in the deliverables.

If you send us material through the Site — including enquiries, briefs, feedback, or ideas — you confirm you have the right to share it and grant us a non-exclusive, worldwide, royalty-free licence to use it for the purpose of responding to you and providing our services.

Please do not send confidential information through public channels before we have a confidentiality agreement in place. We treat client information as confidential under our signed agreements, but unsolicited submissions are not automatically covered.

The Site may link to third-party websites, tools, or resources. Those links are provided for convenience only. We do not control and are not responsible for the content, policies, or practices of any third party, and inclusion of a link does not imply endorsement.

The Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade.

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any content on it is accurate, complete, or current. Nothing on the Site constitutes professional, legal, or financial advice.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or in connection with your use of, or inability to use, the Site — whether based in contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to the Site is limited to one hundred US dollars (USD $100). Liability arising from client engagements is governed by the caps set out in the relevant signed agreement.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

You agree to indemnify, defend, and hold harmless Nothing But Software and its officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or connected with your use of the Site, your breach of these Terms, or your violation of any law or the rights of a third party.

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Site, you consent to the processing described there.

We may modify, suspend, or discontinue any part of the Site at any time without notice. We may also revise these Terms from time to time. The version published on this page is the version in effect, and the “last updated” date above tells you when it last changed.

Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If a change is material, we will make reasonable efforts to highlight it.

These Terms and any dispute arising out of them are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.

Before starting formal proceedings, both parties agree to attempt in good faith to resolve any dispute informally by contacting the other in writing and allowing thirty (30) days to respond.

If any provision of these Terms is found unenforceable, the remaining provisions stay in full effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

These Terms, together with our Privacy Policy and any signed agreement, are the entire agreement between us regarding the Site.

Questions about these Terms? Write to us at legal@nothingbutsoftware.io and we'll get back to you.

Nothing But Software
Austin, Texas