Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Holy Moly ("we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our services. These Terms constitute a legally binding agreement between you and Holy Moly.

2. Description of Services

Holy Moly provides software engineering and technology consulting services, including but not limited to fractional CTO services, web and mobile application development, system architecture, and ongoing maintenance and support. The specific scope of services will be defined in individual project agreements or statements of work between you and Holy Moly.

3. User Accounts

When you create an account with us, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

4. Intellectual Property

4.1 Our Intellectual Property

The Holy Moly website, including its design, text, graphics, logos, icons, and software, is the property of Holy Moly and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.

4.2 Client Work Product

Unless otherwise specified in a separate written agreement, all work product created by Holy Moly as part of a client engagement shall be assigned to the client upon full payment for the applicable services. Holy Moly may retain the right to use general knowledge, skills, and experience gained during the engagement.

5. Payment Terms

Payment terms for our services are as follows:

• Fees and payment schedules will be outlined in individual project agreements
• All fees are quoted in USD unless otherwise specified
• Invoices are due within 14 days of issue unless otherwise agreed
• Late payments may incur interest at a rate of 1.5% per month
• We reserve the right to suspend services for overdue accounts

6. Acceptable Use

You agree not to use our services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our services
• Engage in any activity that could damage our reputation or business interests
• Use our services for any fraudulent, deceptive, or illegal purpose

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement. This obligation survives the termination of these Terms and any related project agreements. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without obligation of confidentiality.

8. Limitation of Liability

To the maximum extent permitted by law, Holy Moly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services. Our total aggregate liability for any claims arising from or related to these Terms or our services shall not exceed the total fees paid by you to Holy Moly in the twelve (12) months preceding the claim.

9. Warranties and Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or completely secure. For client project work, specific warranties may be provided in individual project agreements.

10. Indemnification

You agree to indemnify, defend, and hold harmless Holy Moly, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms, or your infringement of any third-party rights.

11. Termination

Either party may terminate these Terms at any time by providing written notice. Upon termination, your right to access and use our services will cease immediately. Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law shall survive termination. Any outstanding fees owed prior to termination remain due and payable.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Holy Moly operates, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved through binding arbitration or in the competent courts of the applicable jurisdiction.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

15. Contact Us

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