Terms of Service

Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by Magnolia Creek Software LLC (“Company,” “we,” “our,” or “us”). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

Services

Magnolia Creek Software LLC provides custom software development, web application development, workflow automation, API integration, system modernization, and related technical services. The specific terms, scope, deliverables, and pricing for any project will be outlined in a separate written agreement or statement of work between you and the Company.

Intellectual Property Rights

Our Content

The content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Magnolia Creek Software LLC and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission.

Client Work

Ownership of work product created for clients will be specified in the applicable project agreement. Unless otherwise agreed in writing, upon full payment, clients receive ownership of custom code developed specifically for their project, while we retain ownership of any pre-existing materials, frameworks, or tools used in the development process.

User Responsibilities

When using our website or engaging our services, you agree to:

• Provide accurate and complete information
• Use our services only for lawful purposes
• Not interfere with or disrupt our website or services
• Not attempt to gain unauthorized access to our systems
• Not transmit any malicious code or content
• Comply with all applicable laws and regulations

Payment Terms

Payment terms for services will be specified in the applicable project agreement. Unless otherwise agreed, invoices are due within thirty (30) days of receipt. Late payments may be subject to interest charges and may result in suspension of services. All fees are non-refundable unless otherwise specified in the project agreement.

Confidentiality

We understand the importance of protecting your confidential information. We will maintain the confidentiality of any proprietary or sensitive information shared with us during the course of our engagement, subject to applicable laws and the terms of any separate confidentiality or non-disclosure agreement between us.

Limitation of Liability

To the maximum extent permitted by applicable law, Magnolia Creek Software LLC 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. Our total liability for any claims arising from your use of our website or services shall not exceed the amount paid by you to us in the twelve months preceding the claim.

Disclaimer of Warranties

Our website and services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

Indemnification

You agree to indemnify, defend, and hold harmless Magnolia Creek Software LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of our website or services, or your violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be resolved in the state or federal courts located in Florida, and you consent to the personal jurisdiction of such courts.

Termination

We reserve the right to terminate or suspend your access to our website or services at any time, without prior notice, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use our website and services will immediately cease.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the “Last updated” date at the top of this page. Your continued use of our website or services after any changes constitutes your acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Contact Us

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