Terms of Service
1. Agreement Overview
This Terms of Service ("Agreement") constitutes a legally binding agreement between Bergmann Development Ltd., a company registered in Cyprus, trading under the name "Sprike" ("Sprike"), and the Client ("Client"). By engaging Sprike's services, the Client agrees to comply with all the terms, conditions, and obligations outlined in this Agreement. The relationship between Sprike and the Client will terminate upon completion of services or as described herein, except for ongoing obligations such as payment for services rendered.
2. Services
Sprike provides software development and design services through a no-code focused approach. Our services are delivered in structured sprints, designed to ensure progress and flexibility. The specific services to be provided, including deliverables and timelines, will be outlined in individual project agreements or statements of work, which are incorporated into this Agreement by reference.
3. Payment and Billing
Clients are required to make payment upfront for each sprint. We typically use Stripe as our payment provider, but alternative payment methods can be arranged if necessary. Once payment is received, Sprike will begin work on the sprint as outlined in the project agreement. If payment is not received before the start of a sprint, work will not commence until payment is confirmed.
4. Pausing and Cancellation of Services
We understand that plans can change. Clients may choose to pause or cancel their project at any time by providing written notice to Sprike. Please note that any pause or cancellation will take effect after the current sprint is completed. Since payment is made upfront for each sprint, there will be no additional invoices or charges after the sprint concludes.
5. Acceptance of Work
Sprike offers a friendly and collaborative review process. After each sprint, the Client has five (5) business days to review the work and provide feedback. If we don’t hear from you within this period, we’ll consider the work accepted and proceed with the next sprint. Of course, we’re always open to further feedback and revisions in future sprints to ensure your vision is fully realized.
6. Intellectual Property Rights
All works created specifically for the Client during a paid sprint are the Client's property once the sprint has been paid for in full. This includes software code, designs, wireframes, and other deliverables. However, Sprike retains ownership of its proprietary tools, methodologies, and any pre-existing materials used in the creation process.
7. Ownership of Materials
Once a sprint is paid for, the Client will have full ownership of all deliverables and source files created during that sprint. This ownership is for the final deliverables and does not include any of Sprike's underlying tools, frameworks, or pre-existing content.
8. Third-Party Materials and Licenses
If your project requires the use of third-party materials, such as licensed software, fonts, or images, we’ll let you know. You’ll be responsible for purchasing and maintaining any necessary licenses for these materials. We’re here to help guide you through this process, but ultimately, it’s the Client’s responsibility to ensure all licenses are in place.
9. Client Representations
By working with Sprike, the Client confirms that they have the legal authority to enter into this Agreement and will use our services in compliance with all applicable laws and regulations. The Client agrees not to use the services for any illegal or unauthorized purposes.
10. Prohibited Activities
Sprike’s services and deliverables are meant to help you achieve your goals in a lawful and ethical manner. Clients are prohibited from using our services or deliverables in ways that are illegal, unethical, or violate the rights of any third party. This includes unauthorized reproduction, distribution, or commercialization of the deliverables.
11. Feedback
We love hearing from our clients! Feedback on our work should be provided through the communication channels we agree on at the start of the project. This helps us ensure that your input is properly recorded and acted upon. We may also showcase completed work unless otherwise agreed in writing through a Non-Disclosure Agreement (NDA).
12. Service Interruptions
While we always strive to deliver services on time, sometimes unexpected events occur. If there’s ever an interruption due to technical difficulties, team unavailability, or other unforeseen circumstances, we’ll do our best to minimize any disruption and keep you informed every step of the way.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Cyprus, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Cyprus.
14. Limitations of Liability
To the maximum extent permitted by law, Sprike, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from the Client's use of the services provided. Sprike's total liability under this Agreement shall not exceed the total amount paid by the Client for services rendered in the twelve (12) months preceding the claim.
15. Indemnification
The Client agrees to indemnify and hold harmless Sprike from any claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising from the Client's use of the services or deliverables in a manner not authorized by this Agreement or from any breach of this Agreement by the Client.
16. Termination
Either party may terminate this Agreement by providing written notice to the other party. Upon termination, work will continue until the end of the current sprint, after which the project will conclude. As payment is made upfront, there are no additional invoices or charges following termination.
17. Data and Privacy
We take your data seriously and will take reasonable measures to protect any information you provide during the project. However, Sprike is not responsible for any loss or corruption of such data, so we recommend that you maintain backups of all materials provided.
18. Electronic Communication
The Client agrees to receive communications from Sprike electronically and acknowledges that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.
19. Showcasing Work
We’re proud of the work we do and may showcase completed projects on our website, portfolio, and other marketing channels unless otherwise agreed in writing through an NDA.
20. Modifications to Terms of Service
Sprike reserves the right to modify these Terms of Service at any time. We’ll notify our clients of any changes, and continued use of our services after such modifications will constitute acceptance of the updated terms.
Contact Information
For any questions or comments regarding these Terms, please feel free to reach out to us:
Bergmann Development Ltd
Gladstonos 12-14
8046 Paphos
Cyprus
Email: fabio@sprike.co