Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Nonstatic LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not use our services. These terms constitute a legally binding agreement between you and Nonstatic LLC.

2. Services Description

Nonstatic LLC provides software engineering, artificial intelligence, cloud infrastructure, and related digital technology services. Our offerings include but are not limited to custom software development, product engineering, resource augmentation, enterprise system development, Shopify development, MVP development, and technical consulting. The specific scope of services will be defined in individual project agreements or statements of work.

3. Service Engagement and Pricing

Service engagements are governed by individual project agreements that outline scope, timeline, deliverables, and pricing. Unless otherwise specified, engagements operate on a month-to-month basis. Payment terms are net 15 days from invoice date unless otherwise agreed upon in writing. We reserve the right to adjust pricing with 30 days' written notice. Late payments may incur a fee of 1.5% per month on the outstanding balance.

4. Client Responsibilities

Clients are responsible for providing accurate and complete information necessary for the delivery of services. This includes timely access to required systems, accounts, assets, and feedback. Delays caused by incomplete or inaccurate information provided by the client may affect project timelines and are not the responsibility of Nonstatic LLC. Clients must ensure they have the legal right to share any materials provided to us.

5. Intellectual Property

Upon full payment, clients retain ownership of all custom work product and deliverables created specifically for them. Nonstatic LLC retains ownership of all proprietary tools, frameworks, methodologies, and pre-existing intellectual property used in the delivery of services. We reserve the right to use generalized knowledge, techniques, and experience gained during engagements for future projects, provided no confidential client information is disclosed.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. Confidential information includes business strategies, technical architectures, source code, customer data, and any information marked as confidential. This obligation survives the termination of the agreement for a period of two years. Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

7. Limitation of Liability

To the maximum extent permitted by law, Nonstatic LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to our services. Our total liability for any claim arising from an engagement shall not exceed the total fees paid by the client in the three months preceding the claim. This limitation applies regardless of the theory of liability, whether based in contract, tort, negligence, strict liability, or otherwise.

8. Warranties and Disclaimers

Nonstatic LLC provides services on an "as is" and "as available" basis. While we strive for excellence in every engagement, we do not guarantee specific outcomes, results, or performance metrics unless explicitly stated in a project agreement. We make no warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement. The client acknowledges that software development involves inherent uncertainties.

9. Termination

Either party may terminate a service engagement with 30 days' written notice. Nonstatic LLC reserves the right to terminate services immediately in cases of material breach, non-payment, or violation of these terms. Upon termination, the client is responsible for payment of all services rendered through the termination date. Provisions regarding intellectual property, confidentiality, and limitation of liability survive termination.

10. Dispute Resolution

Any disputes arising from these terms or related service engagements shall first be addressed through good faith negotiation. If a resolution cannot be reached within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state of the Company's registration. Each party shall bear its own costs in connection with the arbitration.

11. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the state in which Nonstatic LLC is registered, without regard to its conflict of law provisions. Any legal action or proceeding related to these terms shall be brought exclusively in the courts of that jurisdiction.

12. Changes to Terms

Nonstatic LLC reserves the right to modify these Terms of Service at any time. Changes will be communicated via email to active clients and posted on our website. Continued use of our services following any modifications constitutes acceptance of the updated terms. We encourage clients to review these terms periodically for any changes.

13. Contact Information

For any questions regarding these Terms of Service, please contact us at:

Nonstatic LLC
Email: legal@nonstatic.digital