Last Updated: March 5, 2025

These Terms of Service ("Terms") govern your access to and use of the services provided by Binbash Consulting ("we," "us," or "our"), including our website and consulting services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Services Description

Binbash Consulting provides technology consulting services, software development, cloud platforms, CI/CD implementation, DevOps services, and AI solutions to businesses. The specific services to be provided will be outlined in a separate agreement or statement of work between Binbash Consulting and the client.

2. User Accounts and Responsibilities

You may be required to create an account to access certain features of our Services. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and complete information
• Promptly updating your information if it changes

You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Impersonate any person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use the Services for any harmful, fraudulent, or illegal purpose

3. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and code, are owned by Binbash Consulting or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Unless explicitly stated otherwise in a separate agreement:

1. We retain ownership of all intellectual property rights in the Services and any deliverables we create.
2. We grant you a limited, non-exclusive, non-transferable license to use the deliverables for your internal business purposes.
3. You retain ownership of your data and content that you provide to us.

4. Payment and Fees

Fees for our Services will be specified in a separate agreement or statement of work. Unless otherwise agreed:

• Payment terms are net 30 days from the invoice date
• Payments not received by the due date may incur a late fee
• All fees are exclusive of taxes
• We reserve the right to suspend Services for non-payment

5. Confidentiality

Each party agrees to treat all confidential information received from the other party with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party.

This obligation of confidentiality shall survive the termination of our engagement for a period of three (3) years.

6. Limitation of Liability

To the fullest extent permitted by applicable law:

• We provide the Services "as is" and "as available" without warranties of any kind, whether express, implied, or statutory
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability arising out of or related to these Terms shall not exceed the amounts paid by you to us in the six (6) months preceding the claim

7. Termination

Either party may terminate the Services as specified in a separate agreement or statement of work. In the absence of such provisions:

• Either party may terminate with 30 days' written notice
• We may terminate immediately if you breach these Terms
• Upon termination, you shall pay all outstanding fees for Services rendered

The provisions of these Terms that by their nature should survive termination shall survive termination, including intellectual property, limitation of liability, and governing law provisions.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Denton County, Texas.

9. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at legal@binbash.consulting.