Terms of Service

Lobi Software Studio LLC provides:

• Custom software development and MVP development
• AI consulting and implementation services
• Fractional CTO and technical advisory services
• Web and mobile application development
• SEO and digital marketing services
• Discovery workshops and strategic consulting

All services are subject to written agreements executed between Lobi Software Studio LLC and the client. These Terms supplement, but do not replace, any signed service agreements.

2.1 Discovery Sessions: Pre-booked discovery sessions (Nautilus Lite, Full Workshop, AI Strategy, CTO Consultation, SEO Audit, etc.) require payment upfront via Stripe and are non-refundable once scheduled. Sessions are scheduled via Google Calendar.

2.2 Project Agreements: Full development projects require a signed Statement of Work (SOW) or contract detailing scope, timeline, deliverables, and payment terms.

2.3 Payment Terms: Development projects operate on the following payment structure:

• 10% deposit upon project commencement (non-refundable)
• Hourly billing for work completed, typically invoiced weekly for completed sprint work
• Payment is due upon receipt of invoice for work completed
• No refunds except in cases of obvious quality failures or breach of contract by Lobi Software Studio LLC

2.4 Payment Methods: We accept payment via Stripe (credit card, ACH) and other methods as agreed. Invoices are due within 15 days of issuance unless otherwise specified.

Clients are responsible for:

• Providing timely feedback, approvals, and required materials
• Ensuring accuracy of information, content, and business requirements provided
• Maintaining necessary licenses for third-party tools, APIs, or services
• Communicating changes to project scope or requirements in writing
• Adhering to agreed payment schedules and project timelines
• Paying for all third-party infrastructure costs (AWS, APIs, domains, etc.)

Delays caused by client failure to provide timely feedback or materials will extend project timelines accordingly. For time-sensitive projects (such as 30-day MVP guarantees), timeline commitments are contingent on client meeting agreed response times. While we bill hourly and scope changes do not incur explicit surcharges, extended timelines due to scope changes will result in increased total project cost.

4.1 Work-for-Hire: All work performed by Lobi Software Studio LLC is performed as work-for-hire. Upon payment for completed work, the client retains full ownership of all deliverables, code, designs, and materials created during that billing period.

4.2 Weekly Delivery Model: We typically scope projects into weekly sprints. Upon payment of each weekly invoice, completed work from that sprint is delivered to the client and ownership transfers immediately.

4.3 Product Equity Arrangements: In certain cases, Lobi Software Studio LLC may negotiate equity in products we build, particularly for products that will be licensed to other businesses. Equity percentages range from 1% to 50% depending on our role, investment, and contribution. These arrangements are negotiated case-by-case and documented in separate equity agreements. Licensing revenue is shared according to standard equity distribution terms outlined in those agreements.

4.4 Third-Party Components: Some projects may incorporate open-source libraries or third-party components subject to their own licenses. Client is responsible for compliance with such licenses.

5.1 Timeline Estimates: Project timelines are estimates based on the scope of work defined at project commencement. We make reasonable efforts to meet estimated timelines.

5.2 Scope Changes: Changes to project scope, requirements, or features will extend timelines and increase total project cost accordingly. This is normal in software development. All scope changes must be communicated in writing and acknowledged by both parties.

5.3 Delays: If we exceed the estimated time to complete work within the defined scope, we typically absorb the additional cost and complete the work at no extra charge. However, this is done as a courtesy and not a contractual obligation. Most timeline extensions result from scope changes, requirement modifications, or client feedback delays–all of which are outside our control.

5.4 30-Day MVP Guarantee: For projects marketed with a 30-day delivery commitment, this timeline assumes: (a) scope is clearly defined and frozen at project start, (b) client provides feedback and materials within agreed timeframes, and (c) no major scope changes occur during development.

6.1 Services Provided "As-Is": Lobi Software Studio LLC provides services and delivers software on an "as-is" basis. We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2 Software Quality: We strive to deliver high-quality software. However, all software contains bugs and potential issues. We are not liable for bugs, errors, or defects unless they result from our gross negligence or intentional misconduct.

6.3 Third-Party Services: We are not responsible for failures, downtime, or issues caused by third-party services (AWS, APIs, payment processors, etc.). We take reasonable efforts to ensure availability and performance but cannot guarantee uptime for services outside our direct control.

6.4 Limitation of Liability: To the maximum extent permitted by law, Lobi Software Studio LLC's total liability for any claim arising from our services shall not exceed the total amount paid by the client for the specific services giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

6.5 Responsibility for Contract Performance: We are responsible for delivering services according to the terms of our contracts. We fulfill our obligations in good faith and with professional workmanship.

7.1 Website Hosting: For website projects, we handle hosting setup and platform management. We bill clients monthly for hosting fees and ongoing maintenance as outlined in separate maintenance agreements.

7.2 Other Project Infrastructure: For non-web projects (mobile apps, SaaS platforms, custom software), the client is responsible for all infrastructure and third-party service costs (cloud hosting, APIs, databases, etc.).

7.3 Service Restoration: If third-party service failures require technical work to restore functionality, clients must either pay for such work on an hourly basis or it will be covered under their existing maintenance contract (if applicable).

7.4 No Uptime Guarantees: We do not provide uptime guarantees or SLAs unless explicitly stated in a separate maintenance agreement. We build for maximum availability within project requirements and client budget, but cannot guarantee 100% uptime.

8.1 Termination by Either Party: Either party may terminate the engagement at any time with written notice.

8.2 Payment Upon Termination: Upon termination, the client must pay for all work completed up to the termination date. This includes:

• The non-refundable 10% project deposit
• Any unpaid invoices for completed work
• Any work in progress that has been completed

8.3 Delivery of Work: Upon receipt of payment for all completed work, we will deliver all completed deliverables, code, and materials to the client.

8.4 Deposits: All deposits are non-refundable, including the 10% project deposit and any discovery session fees.

9.1 Non-Disclosure Agreements: We sign Non-Disclosure Agreements (NDAs) upon client request. NDAs are not required by default but are available for projects involving sensitive or proprietary information.

9.2 General Confidentiality: Even without a signed NDA, we treat client information with appropriate confidentiality and do not disclose proprietary business information to third parties without consent.

9.3 Exclusions: Confidentiality obligations do not apply to information that: (a) is publicly available, (b) was known to us prior to disclosure, (c) is independently developed, or (d) must be disclosed by law.

10.1 Good Faith Negotiation: In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.

10.2 Mediation: If negotiation fails, the parties agree to attempt mediation before pursuing litigation or arbitration.

10.3 Binding Arbitration: If mediation is unsuccessful, any remaining disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Columbus, Georgia.

10.4 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.

10.5 Attorney's Fees: In any legal proceeding, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.

11.1 Entire Agreement: These Terms, together with any signed service agreements, constitute the entire agreement between the parties and supersede all prior negotiations and agreements.

11.2 Amendments: We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance of modified Terms. Material changes will be communicated to active clients.

11.3 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

11.4 Assignment: Clients may not assign their rights or obligations under these Terms without our written consent. We may assign our rights and obligations with reasonable notice.

11.5 Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.6 Force Majeure: Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control (natural disasters, war, pandemic, government action, etc.).