Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Early Bird Software, LLC (“Company”, “we”, “our”, or “us”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Services

We provide custom software development services, including but not limited to:

• Custom software development
• Web and mobile application development
• SaaS product development
• API integrations
• Cloud and DevOps services
• UI/UX design
• Quality assurance and maintenance

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information about your project requirements
• Respond to requests for information and approvals in a timely manner
• Provide necessary access to systems and resources required for the project
• Pay invoices according to agreed-upon terms
• Respect intellectual property rights as outlined in the project agreement

4. Project Agreements

Individual projects are governed by separate project agreements or statements of work (SOW) that outline specific scope, timeline, deliverables, and payment terms. In case of any conflict between these Terms and a project agreement, the project agreement shall prevail.

5. Intellectual Property

Unless otherwise specified in a project agreement:

• Upon full payment, client receives ownership of custom code developed specifically for their project
• We retain ownership of pre-existing code, frameworks, and tools used in development
• We may grant clients a license to use our proprietary tools as needed for the project
• We reserve the right to use general knowledge and techniques learned during the project

6. Payment Terms

Payment terms are specified in individual project agreements. Generally, projects require an upfront deposit with milestone-based payments throughout development. Late payments may result in project delays or suspension of services.

7. Confidentiality

We maintain strict confidentiality of all client information, business processes, and proprietary data. We will not disclose confidential information to third parties without your consent, except as required by law or as necessary to perform our services.

8. Limitation of Liability

To the maximum extent permitted by law, our liability for any claims arising from our services shall be limited to the fees paid for those services. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

9. Warranties and Disclaimers

We warrant that our services will be performed in a professional manner consistent with industry standards. We do not guarantee that software will be error-free or uninterrupted. Specific warranties may be outlined in project agreements.

10. Termination

Either party may terminate services according to the terms specified in the project agreement. Upon termination, client shall pay for all services rendered and expenses incurred up to the termination date.

11. 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 shall be resolved in the courts of Miami-Dade County, Florida.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified Terms.

13. Contact Information

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