Terms of Service

1. Agreement to Terms

By accessing or using the website at budgetocitypro.com or by engaging the services of Pro by Budgetocity ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services.

2. Services Description

Pro by Budgetocity provides technology services to small businesses, including but not limited to:

• Website design and development
• Custom software applications
• Payment system integration
• E-commerce solutions
• Business analytics and dashboards
• AI integrations and automation

Specific deliverables, timelines, and pricing for any engagement are defined in a separate written agreement or statement of work.

3. Subscription Services

Our managed service plans (Core Platform, Growing Business, Lead Machine, Scale) are offered on a monthly subscription basis.

• Billing — Subscriptions are billed monthly in advance. Payment is due on or before the first day of each billing period.
• Cancellation — You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial-month refunds are issued.
• No setup fees — We do not charge setup fees or require long-term contracts.
• Price changes — We will provide at least 30 days' written notice before changing subscription pricing.

4. Client Responsibilities

To enable us to deliver services effectively, you agree to:

• Provide accurate, complete, and timely information, content, and feedback required for project completion.
• Ensure that any content, images, or materials you provide do not infringe on third-party intellectual property rights.
• Maintain the security of any credentials (passwords, API keys) we provide or that you create for managed systems.
• Promptly notify us of any unauthorized access or security incidents related to systems we manage.

5. Intellectual Property

Client-owned content: Any content, logos, brand assets, or materials you provide to us remain your property.

Deliverables: Upon receipt of full payment, we assign to you all rights, title, and interest in custom code and design deliverables created specifically for your project, except for any third-party libraries or frameworks used (which remain subject to their respective open-source licenses).

Our tools and frameworks: We retain ownership of any proprietary internal tools, templates, or methodologies we use to deliver services.

6. Confidentiality

Both parties agree to keep confidential any non-public business information shared during the engagement. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that the receiving party independently developed without reference to confidential information.

7. Limitation of Liability

To the fullest extent permitted by law, Pro by Budgetocity shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages, including loss of profits or revenue.
• Damages arising from third-party service outages (hosting providers, payment processors, etc.).
• Damages resulting from your failure to maintain secure credentials or from unauthorized access to your accounts.

Our total cumulative liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total fees paid by you in the 3 months preceding the claim.

8. Warranty Disclaimer

Our services are provided "as is" and "as available." We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, error-free, or free from security vulnerabilities.

9. Acceptable Use

You agree not to use our services or website to:

• Violate any applicable law or regulation.
• Infringe on the intellectual property rights of others.
• Transmit spam, malware, or other harmful content.
• Attempt to gain unauthorized access to our systems or infrastructure.

10. Termination

Either party may terminate a service agreement with 30 days' written notice, or immediately for material breach that remains uncured after 10 days' written notice. Upon termination, you will retain access to all deliverables for which payment has been received in full. Sections 5, 6, 7, and 8 survive termination.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Dallas County, Texas, and both parties consent to personal jurisdiction in such courts.

12. Changes to These Terms

We may update these Terms of Service from time to time. We will notify active clients of material changes via email. Continued use of our services after the effective date of updated Terms constitutes acceptance.

13. Contact Us

Questions about these Terms? Contact us at pro@budgetocity.com or via the contact form on our website.