1.1 Acceptance
By accessing this website or engaging sauerApple for services, you agree to these terms. If you do not agree, do not use the site or our services. Specific engagements may be governed by a separate written statement of work (“SOW”) or master services agreement, which will control in the event of a conflict with these terms.
1.2 Services
We provide consulting services including, but not limited to, software design and development, AI and machine learning integration, technical advisory, and related work. Scope, deliverables, timelines, and fees are defined per engagement in a written SOW or proposal.
1.3 Fees and Payment
Unless otherwise agreed in writing, invoices are due net 15 days from issuance. Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend services for accounts more than 30 days past due.
1.4 Intellectual Property
Upon full payment of all fees due under an engagement, we assign to the client all right, title, and interest in custom deliverables created specifically for that engagement, excluding (a) pre-existing materials, tools, templates, libraries, and know-how of sauerApple (“Background IP”), and (b) third-party or open-source components subject to their own licenses. We retain a perpetual, worldwide license to our Background IP and the right to reuse general skills, methods, and knowledge gained during the engagement.
1.5 Confidentiality
Each party will protect the other’s non-public information disclosed in connection with an engagement using at least the same care it uses to protect its own confidential information, and will use it only for purposes of performing or receiving the services.
1.6 Warranty Disclaimer
The website and all services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or trade usage. AI-generated output may be inaccurate; clients are responsible for reviewing deliverables before relying on them in production.
1.7 Limitation of Liability
To the maximum extent permitted by law, sauerApple’s aggregate liability arising out of or related to these terms or any engagement will not exceed the fees paid by the client to sauerApple in the three (3) months preceding the event giving rise to the claim. In no event will we be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
1.8 Indemnification
You agree to indemnify and hold sauerApple harmless from any claim, loss, or expense (including reasonable attorneys’ fees) arising out of your misuse of the services, your breach of these terms, or your violation of applicable law or the rights of a third party.
1.9 Governing Law
These terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 3.3 below, the state and federal courts located in San Bernardino County, California have exclusive jurisdiction over any matter not subject to arbitration.
1.10 Changes
We may update these terms from time to time. Material changes will be posted here with an updated effective date. Your continued use of the website or services after changes take effect constitutes acceptance.