Terms of Service
The terms governing your use of our services
These Terms of Service ("Terms") govern your access to and use of the software development services, custom applications, and the Client Portal provided by KAS Codes LLC ("Company," "we," "us," or "our"). You must be at least 18 years of age to use our services. By accessing our services, you represent that you are at least 18 years old and agree to be bound by these Terms.
1 Services and License Grants
2 Client Portal and Credentials Vault
Account Security
You are responsible for maintaining the confidentiality of your Portal credentials. You agree to notify us immediately of any unauthorized use of your account.
The Credentials Vault
Our "Credentials Vault" is provided as a secure facilitation tool for project deployment. While we utilize industry-standard encryption (AES-256), you agree to provide only the credentials strictly necessary for the performance of our development services.
User Content
You retain ownership of all data, requirements, and feature requests uploaded to the Portal. You grant us a limited license to use this data solely to provide the contracted services.
3 Billing, Payments, and Support
4 Intellectual Property (IP)
Work Product
Unless otherwise specified in a signed "Work for Hire" agreement, the Company retains ownership of any pre-existing code, libraries, and proprietary frameworks used to build your solution.
Client Ownership
Upon full payment of all fees, you will own the final custom deliverables specifically created for your project, excluding the "Company Background Technology" mentioned above.
5 Confidentiality
Both parties agree to keep all technical and business information (including source code, pricing, and business logic) confidential. This obligation survives the termination of these Terms for a period of five (5) years.
6 Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages, including loss of profits or data, arising from the use or inability to use our software, even if advised of the possibility of such damages. Our total liability shall not exceed the amount paid by you for the services in the twelve (12) months preceding the claim.
7 Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KAS Codes LLC does not warrant that the services will be uninterrupted, error-free, or free of harmful components. Your use of the services is at your sole risk.
8 Indemnification
You agree to indemnify, defend, and hold harmless KAS Codes LLC and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content or data you provide through the Client Portal.
9 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: natural disasters, acts of government, pandemic or epidemic, power failures, internet disruptions, cyberattacks, or acts of terrorism. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact of such event.
10 Termination
11 Data Handling on Termination
12 Modifications to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Client Portal and sending an email notification at least thirty (30) days before the changes take effect. Your continued use of the services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree with the changes, you must discontinue use of the services before the effective date.
13 Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
14 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Service Level Agreement (SLA), constitute the entire agreement between you and KAS Codes LLC regarding the use of our services. These Terms supersede any prior agreements or communications, whether written or oral, relating to the subject matter herein.
15 Governing Law and Venue
These Terms are governed by the laws of the State of Florida. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Palm Beach County, Florida.