Terms of Service

These Terms of Service govern your use of switchpointdesign.com and any proposal, statement of work or subscription you enter into with Switchpoint Software Design. By using the site or engaging us, you agree to these terms. If you do not agree, do not use the site.

Where a signed statement of work conflicts with these terms, the statement of work controls for that engagement.

You must be at least 18 years old and able to form a binding contract. You agree not to misuse the site, probe or scan our infrastructure, scrape content at scale, upload malicious code, or use the site to build a competing directory of our work.

We design, build, deploy and support AI enabled software. Each engagement is defined in a written statement of work covering deliverables, milestones, assumptions, dependencies and acceptance criteria. Anything not listed there is out of scope until agreed in writing through a change order.

Timelines depend on your timely provision of information, access, approvals and third party accounts.

Fees, currency and payment schedule are set in the statement of work. Invoices are due within 14 days unless stated otherwise. Late amounts may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower, and we may pause work on overdue accounts.

Fees exclude sales, use and similar taxes, and exclude third party costs such as hosting, model usage, API and license fees, which are passed through at cost unless bundled in writing.

You own your content, data and trademarks. On full payment, we assign to you the custom deliverables created specifically for your engagement.

We retain ownership of our pre-existing materials, frameworks, tooling, libraries, templates and know how, and we grant you a perpetual, non-exclusive licence to use them as embedded in the deliverables. Open source and third party components remain under their own licences.

We may describe the type of platform, functionality and measurable outcomes of our work in anonymised form. Client names are only used with permission.

Our deliverables may use machine learning models and third party AI services. AI output can be inaccurate, incomplete or unsuitable for a given purpose. You are responsible for human review before relying on AI output for decisions with legal, financial, clinical, employment or safety consequences.

We do not use your confidential data to train third party public models unless you instruct us in writing. You are responsible for ensuring the data you supply may lawfully be processed for the agreed purpose.

Each party will protect the other's confidential information with at least reasonable care and use it only to perform the engagement. Where we process personal information on your behalf, we act on your instructions under a data processing agreement, and our Privacy Policy explains how we handle information we control.

We warrant that services are performed in a professional and workmanlike manner by qualified personnel. For 30 days after delivery of a milestone we will correct defects that cause a deliverable to materially deviate from its written acceptance criteria, at no charge.

Except as expressly stated, the site and services are provided as is, without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error free operation.

Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data. Our total aggregate liability arising out of an engagement is limited to the fees paid to us under that engagement in the 12 months preceding the claim.

These limits do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be limited under applicable law.

Either party may terminate an engagement for material breach that is not cured within 15 days of written notice. You may terminate for convenience with 30 days written notice, paying for work performed and non-cancellable commitments up to the termination date. We may suspend the site or an account for security, legal or non-payment reasons.

These terms are governed by the laws of the State of Delaware, without regard to conflict of law rules. The parties will first attempt good faith resolution through senior representatives for 30 days. Unresolved disputes are subject to binding arbitration in Delaware under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect intellectual property or confidential information.

Claims must be brought on an individual basis. Class actions and representative proceedings are waived to the extent permitted by law. Nothing here limits rights that cannot be waived under the consumer protection law of your state.

These terms, together with any statement of work, form the entire agreement. If a provision is unenforceable, the rest remains in effect. Failure to enforce a right is not a waiver. Neither party may assign the agreement without consent, except to a successor of its business. Notices are given in writing to the addresses in the statement of work or by email to the addresses on record.

Switchpoint Software Design. Business address: 251 North City Dr, San Marcos, CA 92078. Questions about these terms: privacy@switchpointdesign.com.