Terms of Service

Agreement

By engaging Banana Devs Inc. (“Banana Devs”, “we”, “us”) for software development, DevOps, or related services, you (“Client”) agree to be bound by these Terms of Service. Individual projects are governed by a separate Statement of Work or service contract, which takes precedence over these general terms in the event of conflict.

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Services

Banana Devs provides custom software development, DevOps engineering, project management, UI/UX design, and discovery & scoping services. The specific scope, deliverables, timelines, and fees for each engagement are defined in a written agreement between both parties.

We reserve the right to decline or discontinue any engagement that conflicts with our values or applicable law.

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Payment

Payment terms are specified in each project agreement. Unless otherwise agreed:

• Invoices are due within 30 days of issue
• Work may be paused on accounts with outstanding payments beyond agreed terms
• All fees are exclusive of applicable taxes unless stated otherwise

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Intellectual Property

Upon receipt of full payment for a deliverable, the Client receives ownership of all custom code, designs, and assets produced exclusively for that project.

Banana Devs retains ownership of:

• Internal frameworks, libraries, and tooling developed independently
• General methodologies, processes, and know-how
• Pre-existing code incorporated into deliverables (subject to applicable open-source licences)

Nothing in these terms transfers rights to third-party software, libraries, or services used within a project. Clients are responsible for obtaining and maintaining any required third-party licences.

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Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement. This obligation survives termination of the engagement for a period of three (3) years, unless a separate non-disclosure agreement specifies otherwise.

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Warranties and Representations

Banana Devs warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. We will use reasonable efforts to correct defects reported within 30 days of delivery.

We do not warrant that software will be error-free or uninterrupted. All deliverables are provided “as is” beyond the warranty period.

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Limitation of Liability

To the maximum extent permitted by applicable law, Banana Devs’ total liability for any claim arising out of or related to these terms or any engagement shall not exceed the total fees paid by the Client for the specific service giving rise to the claim in the three (3) months preceding the claim.

We are not liable for indirect, incidental, consequential, or punitive damages, including loss of data, revenue, or profits, even if advised of the possibility of such damages.

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Termination

Either party may terminate an engagement with 30 days’ written notice. Upon termination, the Client is responsible for payment of all work completed up to the termination date. Banana Devs will deliver all completed work product upon receipt of outstanding payments.

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Governing Law

These terms are governed by the laws of the jurisdiction in which Banana Devs Inc. is incorporated, without regard to conflict of law principles. Any disputes shall be resolved through good-faith negotiation, and if unresolved, through binding arbitration.

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Changes to These Terms

We may update these Terms of Service from time to time. Active engagements are governed by the terms in effect at the time the agreement was signed. Updated terms apply to new engagements.

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Contact

For any questions regarding these terms, please contact us at:
hi@bananadevs.org