Terms of Service
Last Updated: August 1, 2024
Terms of Service
Last Updated: August 1, 2024
These Terms of Service ("Terms") govern your access to and use of the Brightcreek Software website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.
1. Services
Brightcreek Software provides custom software development, technology consulting, and related services ("Services"). The specific scope, deliverables, timelines, and fees for any project will be detailed in a separate Statement of Work (SOW) or Master Services Agreement (MSA) agreed upon by both parties.
2. Intellectual Property
Our IP: All content on this website, including text, graphics, logos, and our company name, is the property of Brightcreek Software and is protected by copyright and other intellectual property laws.
Your IP: Unless otherwise specified in a governing SOW or MSA, you (the "Client") will own all rights, title, and interest in and to the custom software, code, and other deliverables created specifically for you upon full and final payment for the Services. We retain the right to use our pre-existing tools, libraries, and general know-how in the course of our work.
3. Confidentiality
Both parties agree to treat all non-public information received from the other as confidential. This includes business plans, financial information, project details, and source code. We will not disclose your confidential information to any third party without your prior written consent, except as required by law.
4. Limitation of Liability
To the maximum extent permitted by law, Brightcreek Software shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the services. Our total liability for any claim arising out of or relating to these terms or our services is limited to the amount you paid us for the services in the 12 months preceding the claim.
5. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.