Terms & Conditions

Services

We will provide design and development services to you as described in the project scope and specifications agreed upon in writing. Any additional services beyond the initial scope will require a separate agreement and fees.

Client Obligations

You agree to provide us with all necessary information, materials, and resources required to complete the services. This includes providing content, images, feedback, and approval in a timely manner according to agreed milestones. Any delays caused by you may result in project delays and additional fees.

Contract Transparency

We endeavor to be as transparent as possible about who we are and the services we offer and at what price. That said, we are a small business and mistakes can happen! Whether it be clerical errors, misspellings, etc... if you sign our contract without requesting changes, you are agreeing to be bound by the best intentions of what the author of the contractor/we was intending to write or communicate in regards to any potential errors that may have occurred in the proposal or contract.

Please review this contract and associated proposal for accuracy of details, spelling, dates, addresses, etc.

By agreeing to and signing this contract, you agree to be bound by ALL of the terms of the contract. If you do not feel comfortable reviewing this contract yourself, please have someone else help you or consult with a professional (or legal counsel) if needed. We want you to feel comfortable with everything you are signing!

Intellectual Property

Upon full payment, you will own all final deliverables and intellectual property rights for the completed work, with the exception of our pre-existing intellectual property used to create the deliverables. We retain ownership of design tools and code libraries developed independently.

Confidentiality

Both parties agree to keep any confidential information disclosed during the project strictly confidential and to use it solely for purposes of this agreement.

Warranties and Limitations

We warrant that our services will be performed in a professional manner. However, we cannot guarantee perfect operation of websites, applications or other deliverables on all potential environments. Our liability is limited to the total fees paid for the services that directly caused the issues.

Termination

Either party may terminate this agreement with 30 days WRITTEN AND VERIFIED RECEIVED notice and if the other party fails to cure any material or contract breach within that period.

💯 SBS Guarantee

You agree to pay a 25% non-refundable deposit upfront to initiate any project with our team. You may cancel the project at any time, but you are strictly prohibited from using ANY of the work OR concepts that has been created during our relationshop. If you cancel, you will not be required to pay the remaining 75% of the project fees, but the 25% project initiation fee will not be refunded.

Warranties and Limitations

Indemnification

You agree to indemnify and hold us harmless from any claims or damages arising from your use of our services or violation of this agreement.

AI Usage and Rights

You acknowledge that we may use artificial intelligence (AI), image generation algorithms, machine learning technologies, and other similar tools in the creation of assets or assistance with code for this project. These technologies may be used for tasks including, but not limited to: graphic design, UI design, content generation, data analysis, code auditing/writing assistance, & project management.

We will not be held responsible for any issues, losses, lawsuits, or damages arising from the use of these AI-generated assets after the completion of the project. We always endeavor to follow current best practices and local laws for use of these technologies; and we do not take any responsibility for changes to these laws or requirements around these cutting edge technologies which are changing rapidly. You acknowledge that the use of AI technologies in the creation of assets does not infringe on the copyright ownership agreement.

All AI-generated assets are considered original work created by us and are subject to the same terms and conditions as outlined in the 'Intellectual Property' section of this agreement. By agreeing to these terms, you agree to respect and uphold our rights in regard to these AI-generated assets. You acknowledge that all final deliverable files are copyrighted works created by us and we own all copyright in any and all works we create or produce. Upon delivery of final files, we grant you an unlimited license to use the deliverables online and in print.

However, if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use any of the work. 1 This adds a detailed section explaining how AI tools may be used in the project, that the client acknowledges this usage, clarifies ownership and rights around AI-generated assets, and limits our liability for any issues arising from the AI usage after project completion. It ties into the existing Intellectual Property section as well regarding copyright ownership of deliverables.

Third-Party AI Services Disclaimer

When using our applications that integrate with third-party AI models:

SuperBasic Studio is not responsible for any content generated or distributed by third-party AI models including but not limited to Ollama, OpenAI, Anthropic, or any other AI service providers. You are solely responsible for reviewing, verifying, and ensuring the safety and appropriateness of all AI-generated content.

You must perform due diligence with all AI providers you use within our tools to ensure they are properly maintained, configured, and safe for your intended use. We do not control, monitor, or endorse the outputs of any third-party AI services.

SuperBasic Studio is not sponsored by, endorsed by, or affiliated with Ollama, OpenAI, Anthropic, or any other AI provider.All AI provider names, brands, logos, and trademarks mentioned in our applications are the property of their respective owners. Our use of these service names is solely for identification and integration purposes.

We make no claims to any intellectual property belonging to these third parties. Any issues, concerns, or disputes regarding AI model outputs should be directed to the respective AI provider. By using our tools with third-party AI services, you acknowledge and accept full responsibility for such usage and agree to hold SuperBasic Studio harmless from any claims arising from AI-generated content.

API Key Management and Liability

You are solely responsible for the security and management of all API keys used with our services.

When using our applications with third-party API keys (including but not limited to Ollama, OpenAI, Anthropic, or any other provider), you acknowledge that we do not store these keys on our servers unless explicitly stated within a specific application's documentation. API keys are used only temporarily during your active session and are processed in memory only.

You agree to follow security best practices including but not limited to: keeping API keys confidential, not committing them to version control, avoiding storage in browser local storage or unencrypted files, regularly rotating keys, and monitoring usage for unauthorized access.

SuperBasic Studio shall not be held liable for any charges, overages, security breaches, or damages resulting from your API key usage or compromise.This includes but is not limited to unexpected charges from API providers, data breaches resulting from compromised keys, or any misuse of your API credentials.

You agree to indemnify and hold SuperBasic Studio harmless from any claims, damages, or expenses arising from your API key management, including any charges incurred through your use of third-party services via our applications. It is your responsibility to implement appropriate usage limits and monitoring with your API providers.

Security Products & Educational Content

All security-related products, tools, hardware, software, and educational content provided by SuperBasic Studio — including but not limited to BashPanda, RustyLaws, HackyClock, and any associated documentation, firmware, or instructional materials — are provided strictly for lawful, educational, and authorized security research purposes only.

By purchasing, downloading, accessing, or using any security-related product or content from SuperBasic Studio, you acknowledge and agree to the following terms in their entirety. If you do not agree to these terms, you must not purchase, download, or use any of our security products or content.

Intended Use and Legal Compliance: Our security products are designed and intended for authorized network auditing, security analysis, penetration testing, security education, and lawful security research. You are solely responsible for ensuring that your use of our products complies with all applicable local, state, federal, and international laws and regulations in your jurisdiction, including but not limited to the Computer Fraud and Abuse Act (CFAA), the UK Computer Misuse Act, the EU Cybersecurity Act, and any equivalent legislation in your country or region. Laws governing the possession and use of security tools, unauthorized access to computer systems, and interception of electronic communications vary significantly by jurisdiction.

No Jurisdictional Warranty: SuperBasic Studio makes no representation or warranty that our security products comply with or are legal to possess, use, or operate in all jurisdictions. It is your sole responsibility to determine whether possession or use of these products is lawful in your jurisdiction before purchasing or using them. We strongly recommend that you consult with qualified legal counsel in your jurisdiction if you have any questions about the legality of possessing or using security tools.

Assumption of Risk: You expressly acknowledge and agree that you assume all risk and liability associated with the use of our security products and educational content. SuperBasic Studio shall not be held liable for any damages, losses, legal consequences, fines, penalties, or claims of any kind arising from your use or misuse of our products, whether direct, indirect, incidental, consequential, or punitive. Our security products are provided "AS IS" and without warranty of any kind, express or implied, including all implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

Indemnification: You agree to indemnify, defend, and hold harmless SuperBasic Studio, its owners, officers, directors, employees, agents, affiliates, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use or misuse of any security product or educational content; (b) your violation of any applicable law, regulation, or third-party right; (c) any unauthorized testing, access, or activity conducted using our products; (d) any claim by a third party alleging unauthorized access to or damage of their systems, networks, or data resulting from your use of our products; or (e) your breach of these Terms and Conditions.

Export Compliance: Our products may be subject to U.S. Export Administration Regulations (EAR) and other export control laws. You agree not to export, re-export, or transfer our products to any embargoed country, sanctioned entity, or prohibited end-user as defined by the U.S. Department of Commerce, the U.S. Department of Treasury, or any other applicable government authority. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

Acceptable Use Policy for Security Products

The following rules govern acceptable use of all SuperBasic Studio security products and content. Violation of this policy may result in immediate termination of your access to our products and services without refund.

Authorized Systems Only: You must only use our security products on computer systems, networks, devices, and infrastructure that you own or for which you have obtained explicit, written authorization from the owner to test. "Written authorization" means a signed document, email, or other verifiable written communication from the system owner granting you permission to perform security testing. Verbal permission is not sufficient. You are responsible for maintaining proof of authorization and must be able to produce it upon request.

Prohibited Activities: You must not use our products for any of the following purposes: (a) gaining or attempting to gain unauthorized access to any computer system, network, or data; (b) any activity that constitutes harassment, stalking, intimidation, or threats against any person or entity; (c) corporate espionage, trade secret theft, or industrial sabotage; (d) interception of communications without lawful authority and the consent of all required parties; (e) distribution of malware, ransomware, or other malicious software; (f) disruption or denial of service to any system or network; (g) any activity intended to cause damage to property, data, or infrastructure you do not own or have authorization to test; (h) identity theft, fraud, or financial crimes of any kind; (i) any activity that violates applicable local, state, federal, or international law.

Right to Refuse Service: SuperBasic Studio reserves the right to refuse sale, revoke access, or terminate service to any individual or entity at our sole discretion, without notice and without obligation to provide a reason. We may request proof of authorization or legitimate use at any time, and failure to provide satisfactory proof may result in termination of access to our products and services.

Reporting Obligations: If you discover vulnerabilities or security issues during authorized testing using our products, we encourage responsible disclosure practices. You should report findings to the system owner in a timely and responsible manner, consistent with industry-standard coordinated disclosure practices.

Educational Content Disclaimer: Any tutorials, guides, documentation, blog posts, videos, or other educational content provided by SuperBasic Studio related to security topics is offered for informational and educational purposes only. This content does not constitute legal advice, and we make no representation that following such content will result in compliance with any applicable law. You are solely responsible for how you apply the information provided. SuperBasic Studio is not responsible for any actions taken based on our educational content, and you agree to hold us harmless from any consequences arising from your application of this information.

Governing Law

This agreement shall be governed by the laws of Washington. Any disputes shall be resolved in the courts of Washington state. By engaging our services, you agree to be bound by these Terms and Conditions. We reserve the right to modify them at any time by posting the updated version on our website.

Usage Rights

You acknowledge and agree upon signing this contract that you irrevocably grant us permanent rights to use ANY and ALL work produced (code, designs, concepts) in our personal or company online portfolios, samples of work, mentions of client testimonials, etc. We transfer any and all rights to you at time of payment, OTHER than this one STRICT REQUIREMENT.

The new section on Portfolio Usage Rights has been added as section 10 per your request. It clearly states that by signing, the client irrevocably grants us the rights to use any work from the project in our marketing portfolios, samples, testimonials etc. even after all other rights are transferred to the client upon final payment.

Copyright Ownership

Websites

You acknowledge that upon final payment for the project, we transfer copyright ownership of all originally created deliverables, including Website Visual Design, Text Content, Custom Graphics, HTML, JavaScript, and CSS code. All aforementioned originally created deliverables are wholly owned by us prior to the final project invoice paid by you. This means that if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use them.

Brand Design or Graphics

You acknowledge that all final Brand Design files are copyrighted works created by us and we own all copyright in any and all works we create or produce. Upon delivery of Brand Design files, we grant you an unlimited license to use our Designs online and in print.

This clearly outlines that we retain full copyright ownership of all website and brand design deliverables until the final payment is made by the client. If the project is cancelled before completion, the client has no rights to use any of the work. Upon final payment and delivery, copyright is transferred to the client for website deliverables, while for brand design files the client receives an unlimited usage license.