Terms of Service

Last updated: January 29, 2026

Agreement to Terms

By accessing our website or engaging 9bitx LLC for software development services, 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.

Services Description

9bitx LLC provides software development and related services including:

  • Custom software development and web applications
  • Mobile application development (iOS and Android)
  • Point of Sale (POS) system development
  • Digital marketing and SEO services
  • Website design and development
  • Software maintenance and support
  • Technical consulting

Project Agreements

All projects will be governed by a separate project agreement or statement of work (SOW) that outlines specific deliverables, timelines, milestones, and payment terms. In the event of any conflict between these Terms of Service and a project agreement, the project agreement shall prevail for that specific project.

Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information about your project requirements
  • Respond to communications and requests for feedback in a timely manner
  • Provide necessary access, credentials, and resources as required
  • Make payments according to the agreed schedule
  • Ensure you have the right to use any materials you provide to us
  • Review and approve deliverables within agreed timeframes
  • Designate authorized representatives for project decisions

Payment Terms

Deposits: A deposit (typically 25-50% of the project value) is required before work begins, unless otherwise agreed.

Milestone Payments: For larger projects, payments may be structured around project milestones as defined in the project agreement.

Final Payment: The remaining balance is due upon project completion and before final deliverables are released.

Late Payments: Payments not received within 14 days of the due date may incur a late fee of 1.5% per month. We reserve the right to suspend work on projects with outstanding balances.

Accepted Methods: We accept bank transfers, credit cards, and other payment methods as specified in your invoice.

Intellectual Property

Client Materials: You retain ownership of all materials, content, and intellectual property you provide to us.

Deliverables: Upon full payment, you will own the custom code and deliverables created specifically for your project, except for pre-existing materials and third-party components.

Pre-existing Materials: We retain ownership of any pre-existing code, libraries, frameworks, or tools used in your project. You receive a license to use these materials as part of your deliverables.

Portfolio Rights: We reserve the right to display completed work in our portfolio and marketing materials, unless otherwise agreed in writing.

Confidentiality

We agree to keep confidential any proprietary or sensitive information you share with us in connection with your project. This obligation survives termination of our agreement. We may sign a separate Non-Disclosure Agreement (NDA) upon request. Confidentiality does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Warranties and Disclaimers

Our Warranty: We warrant that our services will be performed in a professional and workmanlike manner. We offer a 30-day warranty period after delivery to fix any bugs or defects in the delivered software.

Limitations: We do not warrant that software will be error-free or uninterrupted. We are not responsible for issues arising from modifications made by third parties, misuse, or failure to maintain the software properly.

Limitation of Liability

To the maximum extent permitted by law, 9bitx LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability for any claims arising from our services shall not exceed the total amount paid by you for the services giving rise to the claim.

Termination

By Client: You may terminate a project at any time by providing written notice. You will be responsible for payment of all work completed up to the termination date.

By Us: We may terminate or suspend services if you breach these terms, fail to make payments, or become unresponsive for an extended period.

Effect of Termination: Upon termination, we will deliver all completed work up to that point. For partial refunds on termination, please refer to our Refund Policy.

Dispute Resolution

Any disputes arising from these terms or our services shall first be addressed through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Kalispell, Montana, and the decision of the arbitrator shall be final and binding.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated to active clients and posted on this page. Your continued use of our services after such changes constitutes acceptance of the modified terms.

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, and the remaining provisions shall remain in full force and effect.

Contact Us

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

Email: [email protected]

Address:
9bitx LLC
1001 S Main St. Ste 500
Kalispell, MT 59901
USA