Terms of Service

These Terms of Service ("Terms") apply when you use burger.tech (the "Site") or hire BRGRBY LLC, doing business as Burger Tech ("Burger Tech," "we," "us"), for any service. "You" means the person or business using the Site or our services.

How these Terms fit with your project: most work starts with a written proposal, quote or statement of work (a "Proposal") that describes what we'll deliver, when, and for how much. These Terms apply to every Proposal. If a Proposal and these Terms disagree, the Proposal wins for that project.

1. Our services

We provide custom software and web applications, automation and integrations, managed IT support, website design and development, hosting and maintenance, search engine optimization (SEO), social media marketing, graphic design, and related consulting and training (the "Services"). The exact scope of each project is set out in its Proposal.

2. Proposals, changes and approvals

• A Proposal becomes binding when you accept it in writing (including by email or e-signature) or pay the first invoice.
• Work not described in the Proposal is out of scope. If you'd like to add or change something, we'll agree on the change, cost and timing in writing before doing the work.
• Some Services need your approval before going live (for example designs, content calendars and social media posts). Approving something means you've reviewed it and are comfortable with it being published.

3. Your responsibilities

To keep your project on schedule, you agree to:

• Provide content, feedback, approvals and access (logins, domains, hosting, brand files) in a timely way
• Make sure you have the rights to any content you give us, such as text, photos, logos and videos
• Tell us about any legal or industry rules that apply to your business or content (for example licensing, healthcare or real estate advertising rules)
• Keep your own passwords secure and let us know if you believe an account has been compromised

Timelines depend on your responsiveness. If we're waiting on you for more than 30 days, we may pause the project and schedule the rest of the work when you're ready.

4. Payments

• Prices, deposits and payment schedules are set out in each Proposal. Unless the Proposal says otherwise, invoices are due within 15 days.
• Monthly services (such as hosting, maintenance, managed IT, SEO and social media) are billed in advance each month.
• Advertising spend (for example Google Ads or Meta ads) is paid directly by you to the ad platform and isn't included in our fees unless a Proposal says so.
• Third-party costs you ask us to buy for you, such as domains, premium plugins, software licenses or stock media, are billed to you at cost unless agreed otherwise.
• If an invoice is more than 30 days overdue, we may pause work or services until it's paid.

5. Monthly services and cancellation

• Hosting and maintenance plans are month-to-month. You can cancel anytime with notice before your next billing date, and service continues until the end of the paid month.
• Other monthly services (such as managed IT, SEO and social media) can be cancelled with 30 days' written notice unless your Proposal sets a different minimum term.
• When a service ends, we'll help you move your website, files and accounts to you or your new provider. Transfer help beyond a reasonable handoff is billed at our standard hourly rate.

6. Who owns the work

• You own your deliverables. Once you've paid in full for a project, you own the final website, software code, designs, logos, videos and content we create specifically for you.
• Your accounts and data are yours. Your domain, hosting account, business profiles, ad accounts and data belong to you. Where we set accounts up for you, we'll set them up in your name or transfer them to you.
• Our tools stay ours. We keep ownership of the general tools, code libraries, templates and know-how we use across projects. You get a permanent license to use any of these that are built into your deliverables.
• Third-party components (such as open-source code, fonts, plugins, stock photos or integrations) are licensed by their owners and are subject to their own terms.
• Until a project is paid in full, you may use the deliverables for review only.

7. Showing our work

We may show work we've created for you in our portfolio and marketing, including your business name and logo. If you'd prefer we not name you or show a project, just tell us in writing and we'll respect that. We will never share your confidential information in our portfolio.

8. Confidentiality

We'll keep confidential any non-public information you share with us, such as business plans, customer data and account access, and use it only to provide the Services. You agree to do the same with our non-public pricing and business information. This doesn't apply to information that is already public, or that we're required by law to disclose.

9. Account access and security

For IT, hosting and development work, you may give us access to your systems. We'll use that access only for the agreed work, follow reasonable security practices, and stop using it when the work ends. We recommend you change any shared passwords when a project or service ends.

10. No guaranteed results

We work hard to get you results, but many outcomes depend on things outside our control, such as search engine and social media algorithms, advertising platforms, your market and your competitors. We don't guarantee specific rankings, traffic, followers, leads or sales.

11. Warranties and disclaimers

• We'll perform the Services in a professional manner, consistent with generally accepted industry standards.
• If a deliverable doesn't work as described in the Proposal, tell us within 30 days of delivery and we'll fix it at no extra cost.
• We're not responsible for problems caused by changes made by you or others, by third-party services (such as plugins, hosting providers, APIs or platforms), or by events outside our reasonable control.
• Backups: we make reasonable efforts to back up the sites and systems we manage, but you should keep your own copies of important data. We aren't liable for data loss beyond our reasonable restoration efforts.

Except as stated in these Terms, the Site and Services are provided "as is," and we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.

12. Limitation of liability

To the fullest extent the law allows:

• Neither of us is liable to the other for indirect, incidental, special or consequential damages, including lost profits, lost revenue or lost data.
• Our total liability for any claim related to the Site or Services is limited to the amount you paid us for the specific Service giving rise to the claim during the 12 months before the claim arose.

These limits don't apply to amounts you owe us, or to either party's fraud or willful misconduct.

13. Indemnification

You agree to defend and hold us harmless from claims arising from content or materials you provide, your products or services, or your violation of law or of these Terms. We agree to do the same for claims that the original work we created for you infringes someone else's intellectual property, except where the claim is caused by your content or changes.

14. Using the Site

You agree not to misuse the Site, including by trying to break its security, overload it, scrape it in bulk, or use it for anything unlawful. The Site's content, design and our trademarks belong to Burger Tech and may not be copied without permission. Links to other websites are provided for convenience; we're not responsible for their content.

15. Acceptable use

If we host or manage a website, app or account for you, you also agree to our Acceptable Use Policy.

16. Ending our work together

Either of us may end a project or service by written notice if the other seriously breaches these Terms or a Proposal and doesn't fix it within 15 days of being told. If a project ends early, you pay for work completed up to that point, and we deliver the work you've paid for.

17. Disputes and governing law

These Terms are governed by the laws of the State of Nevada. If a disagreement comes up, we'll first try to resolve it informally by talking it through. If we can't, any legal action will be brought in the state or federal courts located in Clark County, Nevada, and we both agree to those courts' jurisdiction.

18. Other terms

• Independent contractor: we work as an independent business, not as your employee.
• Subcontractors: we may use trusted subcontractors for parts of a project, and we remain responsible for their work.
• Events outside our control: neither of us is responsible for delays caused by events beyond reasonable control, such as outages, natural disasters or government actions.
• Entire agreement: these Terms and your Proposal are the entire agreement for your project and replace earlier discussions about it.
• Changes: we may update these Terms. Changes don't affect Proposals already accepted unless you agree. The "Last updated" date shows the latest version.
• Severability: if any part of these Terms can't be enforced, the rest still applies.

Contact

BRGRBY LLC dba Burger Tech
Las Vegas, Nevada
Email: info@burger.tech
Phone: (702) 900-4020