Terms of Service
These Terms of Service ("Terms") govern your engagement with Allen Creative LLC ("Allen Creative," "we," "us," or "our") for application development, consulting, and related technology services. By engaging our services or accessing our website at allencreativeco.com, you agree to these Terms.
1. Services
1.1. Allen Creative provides custom application development, SaaS platform engineering, integration engineering, commerce and membership system development, technical discovery and architecture review, platform retainer services, and related consulting (collectively, "Services").
1.2. The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate Statement of Work ("SOW") or project proposal agreed upon by both parties prior to the start of work.
1.3. Services are subject to availability. We reserve the right to decline engagements at our discretion.
2. Engagement Structure
2.1. Fixed-Scope Sprints. Work is delivered in phased milestones with defined deliverables. Payment is tied to milestone completion as outlined in the SOW.
2.2. Monthly Retainers. A fixed monthly fee covers an agreed-upon allocation of development hours, support, and maintenance. Unused hours do not roll over unless otherwise specified in the SOW.
2.3. Hourly Consulting. Billed at an agreed-upon hourly rate with time tracked and reported regularly.
2.4. Technical Discovery. A fixed-fee engagement producing documented architecture recommendations, codebase audits, or roadmap sequencing.
3. Payment Terms
3.1. Payment terms, amounts, and schedules are specified in each SOW. Unless otherwise stated, invoices are due within 15 days of issuance.
3.2. Late payments may incur a fee of 1.5% per month on the outstanding balance.
3.3. We reserve the right to pause active work if invoices remain unpaid beyond 30 days.
4. Intellectual Property
4.1. Client Ownership. Upon full payment, all custom code, designs, and deliverables created specifically for your project are assigned to you. This includes source code, database schemas, documentation, and configuration files produced under the SOW.
4.2. Allen Creative Tools. We retain ownership of pre-existing tools, libraries, frameworks, and methodologies that we bring to your project. You receive a perpetual, non-exclusive license to use these tools as part of your delivered project.
4.3. Third-Party Software. Your project may incorporate open-source or third-party software. These components remain subject to their respective licenses.
4.4. Portfolio Rights. Unless you request otherwise in writing, we may reference the project (by name and general description) in our portfolio, website, and marketing materials.
5. Client Responsibilities
5.1. You agree to provide timely access to necessary accounts, credentials, content, and feedback required for us to perform the Services.
5.2. Delays caused by late client feedback, missing assets, or unavailable stakeholders may impact project timelines and are not the responsibility of Allen Creative.
5.3. You are responsible for ensuring that any content, data, or materials you provide to us do not infringe on third-party intellectual property rights.
6. Confidentiality
6.1. Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement, including but not limited to business strategies, technical architecture, credentials, and user data.
6.2. Confidentiality obligations survive termination of the engagement for a period of two (2) years.
6.3. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.
7. Warranties and Disclaimers
7.1. We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards.
7.2. We will correct any defects in deliverables reported within 30 days of delivery at no additional cost, provided the defect is within the original scope of work.
7.3. Beyond the warranty period, additional work is subject to new terms and pricing.
7.4. We do not warrant that software will be error-free or uninterrupted. Third-party services (Supabase, Vercel, Stripe, etc.) are subject to their own terms and availability.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, Allen Creative's total liability for any claim arising from an engagement shall not exceed the total fees paid by you for that specific engagement.
8.2. In no event shall Allen Creative be liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or business interruption.
9. Termination
9.1. Either party may terminate an engagement with 14 days written notice.
9.2. Upon termination, you are responsible for payment of all work completed up to the termination date.
9.3. Upon termination and final payment, we will deliver all completed work product and provide reasonable transition assistance.
9.4. For retainer engagements, the current billing period is non-refundable upon termination.
10. Indemnification
10.1. You agree to indemnify and hold harmless Allen Creative from any claims, damages, or expenses arising from your use of the deliverables, your content, or your breach of these Terms.
10.2. Allen Creative agrees to indemnify you from claims that our original work infringes on third-party intellectual property rights.
11. Force Majeure
Neither party shall be liable for delays or failure to perform due to circumstances beyond reasonable control, including natural disasters, pandemics, internet outages, or third-party service failures.
12. Governing Law
These Terms are governed by the laws of the State of California, United States. Any disputes shall be resolved in the courts of the State of California.
13. Changes to Terms
We may update these Terms from time to time. Changes will be posted on this page with a new effective date. Continued engagement with our Services constitutes acceptance of the updated Terms.
14. Contact
If you have questions about these Terms, contact us at:
Allen Creative LLC California, United States