Terms of Service

1. Introduction

Welcome to Saddle Creek Apps ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our development services, website, and any other products or services we provide (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, please do not use our Services.

We are a Nebraska-based development studio committed to serving clients with quality software solutions. We take pride in our Nebraska roots and aim to contribute to the growth of technology resources in the Silicon Prairie.

2. Services

Saddle Creek Apps provides custom software development services including but not limited to web applications, mobile applications, content management systems, database solutions, and other digital products as agreed upon in separate written agreements or statements of work.

2.1 Best Efforts Basis. Saddle Creek Apps provides all services on a "best efforts" basis. This means that while we strive to deliver high-quality solutions that meet your requirements, we cannot guarantee specific results or outcomes. We commit to using our professional skills, knowledge, and experience to develop solutions that align with agreed-upon specifications, but the nature of software development involves inherent uncertainties and risks.

2.2 Project Scope. The specific services to be provided will be outlined in separate agreements, statements of work, or project proposals. Any services not explicitly included in these documents are considered outside the project scope and may require additional agreements and fees.

2.3 Nebraska Focus. As a development studio based in the great state of Nebraska, we prioritize serving Nebraska-based organizations and contributing to the local technology ecosystem. While we welcome clients from all locations, we maintain a special commitment to supporting Nebraska's growth and development.

3. Client Responsibilities

3.1 Cooperation. You agree to provide timely and accurate information, materials, and feedback necessary for us to provide the Services. Delays in providing required information or approvals may impact project timelines.

3.2 Review and Testing. You are responsible for reviewing deliverables, participating in testing, and providing feedback within agreed-upon timeframes. Final approval of deliverables is your responsibility.

3.3 Technical Environment. Unless otherwise specified, you are responsible for providing and maintaining appropriate technical environments required to host and operate the delivered software.

4. Payment Terms

4.1 Fees. Fees for our Services will be outlined in separate agreements or statements of work. Unless otherwise specified, all fees are quoted in US dollars.

4.2 Payment Schedule. Payment schedules will be outlined in project agreements. Typical arrangements include initial deposits, milestone payments, and final payments upon project completion.

4.3 Late Payments. Payments not received by due dates may incur late fees. We reserve the right to suspend Services until outstanding payments are resolved.

4.4 Taxes. Fees do not include applicable taxes, which will be added to invoices as required by law. Nebraska-based clients may be subject to state sales tax for applicable services.

5. Intellectual Property

5.1 Client Materials. You retain all rights to materials you provide to us for use in developing the Services. You grant us a license to use these materials solely for the purpose of providing the Services.

5.2 Deliverables. Unless otherwise specified in writing, upon full payment of all fees, you will own the deliverables specifically created for you as part of the Services. This does not include pre-existing materials, tools, frameworks, or components that we owned or licensed prior to the project.

5.3 Our Materials. We retain ownership of all pre-existing materials, development tools, frameworks, components, and methodologies used in providing the Services. We grant you a non-exclusive, perpetual license to use these materials as incorporated into your deliverables.

5.4 Portfolio Rights. We reserve the right to include a general description of the Services in our portfolio and promotional materials, unless you specifically request otherwise in writing.

6. Confidentiality

6.1 Definition. "Confidential Information" includes all non-public information disclosed by either party in connection with the Services, including but not limited to business plans, technical specifications, financial information, and proprietary materials.

6.2 Obligations. Each party agrees to: (a) protect the other party's Confidential Information with the same standard of care it uses to protect its own Confidential Information, but in no event less than reasonable care; (b) not disclose the Confidential Information to any third party except as necessary to perform the Services; and (c) use the Confidential Information only as needed to perform obligations under these Terms.

6.3 Exclusions. Confidentiality obligations do not apply to information that: (a) was rightfully known prior to receipt; (b) is or becomes publicly available through no fault of the receiving party; (c) is independently developed without use of the Confidential Information; or (d) is required to be disclosed by law or court order.

7. Warranty and Disclaimer

7.1 Service Warranty. We warrant that the Services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is valid for 30 days following delivery. Your exclusive remedy for breach of this warranty is the correction of the non-conforming Services at our expense.

7.2 Best Efforts. While we commit to using our best efforts to meet your requirements and expectations, we cannot guarantee that the Services will be error-free or meet all of your business needs. Software development is inherently complex, and despite our diligent efforts, issues may arise that were not foreseeable.

7.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

8.1 Exclusion of Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Liability Cap. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Term and Termination

9.1 Term. These Terms remain in effect until terminated by either party or until the Services are completed.

9.2 Termination for Convenience. Either party may terminate ongoing Services by providing written notice according to the notice period specified in the applicable statement of work or agreement. You will be responsible for payment for Services performed up to the termination date, plus any applicable wind-down costs.

9.3 Termination for Cause. Either party may terminate these Terms if the other party materially breaches its obligations and fails to cure such breach within 30 days of receiving written notice.

9.4 Effect of Termination. Upon termination, all licenses granted will terminate unless explicitly stated to survive termination. Sections related to payment, intellectual property, confidentiality, warranty, limitation of liability, and governing law will survive termination.

10. General Provisions

10.1 Nebraska Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Nebraska, without giving effect to any principles of conflicts of law. Any dispute arising from these Terms will be resolved exclusively in the state or federal courts located in Nebraska, and you consent to the personal jurisdiction of such courts.

10.2 Nebraska Values. As a Nebraska-based development studio, we are proud to uphold the values associated with our state: integrity, hard work, reliability, and community focus. We bring these principles to every project we undertake.

10.3 Entire Agreement. These Terms, together with any statements of work or other agreements between the parties, constitute the entire agreement between you and Saddle Creek Apps regarding the Services and supersede all prior or contemporaneous communications and proposals.

10.4 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

10.5 No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10.6 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor in interest without restriction.

10.7 Force Majeure. Neither party will be liable for delays nor failures in performance resulting from causes beyond their reasonable control, including but not limited to acts of God, labor disputes, or other force majeure events.

11. Contact Information

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