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Terms of Service

Last updated: January 1, 2025

Contents

  • Acceptance of Terms
  • Our Services
  • User Accounts
  • Intellectual Property
  • Payment Terms
  • Confidentiality
  • Limitation of Liability
  • Termination
  • Governing Law
  • Contact Us

1. Acceptance of Terms

By accessing or using the services provided by Encryption ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.

These Terms apply to all visitors, users, and others who access or use our services, including but not limited to software development, DevOps, cybersecurity, and consulting services.

2. Our Services

Encryption provides technology consulting and development services, including:

  • Custom software development and application design
  • DevOps and infrastructure management
  • Cybersecurity consulting and implementation
  • Technology strategy and advisory services

The specific scope, deliverables, and timeline for any project will be defined in a separate Statement of Work (SOW) or project agreement between you and Encryption.

3. User Accounts

When you create an account with us or engage our services, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms.

You are responsible for safeguarding any passwords or credentials associated with your account and for any activities or actions under your account.

4. Intellectual Property

Client Ownership

Unless otherwise specified in a project agreement, upon full payment, you will own all custom code, designs, and deliverables created specifically for your project.

Company Tools and Libraries

Encryption retains ownership of any pre-existing tools, libraries, frameworks, or methodologies used in the development process. We grant you a perpetual, non-exclusive license to use these components as part of your deliverables.

Third-Party Components

Your project may include open-source or third-party components, which are subject to their respective licenses. We will provide documentation of any such components upon request.

5. Payment Terms

Payment terms will be specified in your project agreement or Statement of Work. Generally:

  • Projects may require an upfront deposit before work begins
  • Milestone-based payments may be required for larger projects
  • Invoices are due within 30 days of receipt unless otherwise specified
  • Late payments may incur interest charges and/or work suspension

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our engagement. This includes, but is not limited to:

  • Business strategies and plans
  • Technical specifications and source code
  • Customer data and personally identifiable information
  • Financial information

Confidentiality obligations survive the termination of any project agreement.

7. Limitation of Liability

To the maximum extent permitted by law, Encryption 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 you for the specific services giving rise to such claim in the twelve (12) months preceding the claim.

8. Termination

Either party may terminate a project agreement with written notice as specified in that agreement. Upon termination:

  • You will pay for all work completed up to the termination date
  • We will deliver all completed work and work-in-progress
  • Both parties will return or destroy confidential information

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in Asheville, North Carolina, unless both parties agree to an alternative resolution method.

10. Contact Us

If you have any questions about these Terms of Service, please contact us:

  • Email: hello@encryption.io
  • Website: encryption.io/contact
Encryption

Creative software agency and technology consulting practice. We translate research and knowledge into creative action that transforms businesses.

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