Terms of Service

1. Agreement to Terms

By accessing or using the MOATIZE Inc. website ("Site"), submitting a project inquiry, or signing in to the client dashboard ("Platform"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all visitors, prospective clients, and active clients. If you do not agree, do not access or use the Site or Platform.

2. Services

MOATIZE Inc. ("MOATIZE", "we", "us") provides custom software development, web development, API engineering, and ongoing retainer-based support services ("Services"). The Site and Platform serve as the primary channel through which prospective clients submit inquiries and active clients manage their engagements.

The specific scope, deliverables, timeline, milestones, and payment terms for any project are governed by a separate written agreement (such as a Statement of Work or project contract) entered into between MOATIZE and the client. In the event of a conflict between these Terms and a project agreement, the project agreement controls with respect to that engagement.

3. Client Dashboard & Account Access

Active clients are granted access to a secure dashboard to manage their project. This includes viewing project status and progress, reviewing and responding to proposals, accessing deliverables and staging environments, communicating with our team via chat, and managing invoices and payment schedules.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access. We use Clerk for authentication and do not store passwords directly.

You may not share account access with unauthorized individuals or use the dashboard on behalf of a third party without our prior written consent.

4. Acceptable Use

You agree to use the Site and Platform only for lawful purposes and in a manner consistent with these Terms. You may not:

• Violate any applicable local, state, national, or international law or regulation
• Attempt to gain unauthorized access to any part of the Site, Platform, or its underlying systems
• Upload or transmit malicious code, viruses, or harmful files of any kind
• Interfere with or disrupt the integrity, availability, or performance of the Site or Platform
• Use automated tools (e.g. bots, scrapers) to access or interact with the Site or Platform without our written permission
• Impersonate MOATIZE, any team member, or any other person or entity
• Submit false, misleading, or fraudulent information in any form or communication

5. Proposals & Project Agreements

When MOATIZE submits a proposal through the client dashboard, you will be invited to accept or decline within a specified window. Acceptance of a proposal constitutes your agreement to the scope, timeline, and pricing described therein and binds both parties to the terms of that engagement.

Changes to scope, timeline, or deliverables after a proposal is accepted must be agreed to in writing by both parties.

6. Payments & Billing

All payment terms — including amounts, due dates, milestone-based schedules, and retainer billing cycles — are defined in the applicable project agreement and reflected in the client dashboard. Payments are processed securely through Stripe.

• Invoices: invoices are issued per milestone or on a scheduled basis as agreed. Payment is due by the date specified on each invoice.
• Retainers: retainer engagements are billed on a recurring cycle (monthly or semi-annual) as specified in the project agreement. Retainers automatically renew unless cancelled in accordance with the terms of that agreement.
• Late payments: failure to make payments as agreed may result in a pause or suspension of active work until the account is made current. Repeated non-payment may result in termination of the engagement.
• Refunds: all fees are non-refundable unless otherwise specified in the project agreement or required by applicable law.

7. Deliverables & Intellectual Property

All content on the Site — including text, graphics, logos, and code — is the property of MOATIZE Inc. and protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our written permission.

Intellectual property ownership of project deliverables (e.g. code, designs, documentation produced for your engagement) is governed by the terms of the applicable project agreement. Generally, upon full payment, clients receive the rights specified in that agreement. MOATIZE retains the right to use general methodologies, frameworks, and know-how developed in the course of any engagement.

8. Confidentiality

Both parties acknowledge that they may receive confidential information during a project engagement — including but not limited to business plans, technical specifications, source code, pricing, and client data. Each party agrees to:

• Keep such information strictly confidential
• Not disclose it to third parties without the other party's prior written consent
• Use it solely for the purpose of fulfilling obligations under the engagement

These confidentiality obligations survive the termination of any engagement. More specific confidentiality terms may be included in your project agreement or a separate non-disclosure agreement.

9. Staging & Review

Where applicable, MOATIZE may provide access to a staging environment for review of deliverables prior to deployment. You will have a designated review window to submit feedback. Approval of a deliverable (or non-response within the review window, as specified in your agreement) constitutes acceptance, after which MOATIZE may proceed to deployment or the next milestone.

10. File Uploads

You may upload files through the contact form or client dashboard (e.g. project briefs, design assets, documents). By uploading files, you represent that you have all necessary rights to share them and that they do not infringe any third-party rights, contain malicious content, or violate any law. MOATIZE reserves the right to remove files that violate these Terms.

11. Disclaimer of Warranties

The Site and Platform are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. MOATIZE does not warrant that the Site or Platform will be error-free, uninterrupted, or free of security vulnerabilities. Warranties applicable to project deliverables are governed exclusively by the applicable project agreement.

12. Limitation of Liability

To the fullest extent permitted by applicable law, MOATIZE Inc. and its officers, directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, or business opportunities — arising out of or related to your use of the Site, Platform, or Services, even if advised of the possibility of such damages.

Our total cumulative liability to you for any claim arising under these Terms or your use of our Services shall not exceed the total fees paid by you to MOATIZE in the six (6) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless MOATIZE Inc. and its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Site, Platform, or Services; (b) your violation of these Terms; (c) any content you upload or submit; or (d) your violation of any third-party rights.

14. Termination & Suspension

MOATIZE reserves the right to suspend or terminate your access to the Site or Platform at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive behavior, or if required to do so by law.

Either party may terminate an active project engagement in accordance with the terms of the applicable project agreement. Upon termination, any outstanding fees for work completed to date remain due and payable.

15. Governing Law & Disputes

These Terms are governed by the laws of the jurisdiction in which MOATIZE Inc. is incorporated, without regard to its conflict of law provisions. Any dispute arising under or related to these Terms that cannot be resolved informally shall be submitted to binding arbitration or resolved in the courts of that jurisdiction, as agreed upon by both parties.

We encourage you to contact us first at [email protected] — most issues can be resolved quickly and directly.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, practices, or applicable law. When we do, we will post the revised version here with an updated "Last updated" date. For material changes, we will make reasonable efforts to notify active clients. Continued use of the Site or Platform after changes are posted constitutes your acceptance of the revised Terms.

17. Contact

Questions about these Terms? Email us at [email protected]. We're happy to clarify anything.