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Terms of Service

Last updated: February 2026

1. Overview

These Terms of Service ("Terms") govern your use of the Custom PKM website and any services provided by Custom PKM ("we," "our," or "us"). By accessing our website or engaging our services, you agree to be bound by these Terms.

2. Services

Custom PKM provides custom software development services, including the design and development of native macOS and iOS applications. The specific scope, deliverables, timeline, and pricing for each project are determined during the discovery process and confirmed in a separate project agreement before work begins.

3. Application and Engagement

Submitting an application through our website does not constitute a binding agreement. Applications are reviewed on a case-by-case basis. We reserve the right to accept or decline any application at our sole discretion. A binding agreement is formed only upon mutual execution of a project agreement.

4. Pricing and Payment

  • Project pricing ranges from $3,000 to $9,000 depending on scope and complexity
  • Final pricing is determined after the discovery call and confirmed in the project agreement
  • Payment schedules, methods, and milestones are outlined in the project agreement
  • All fees are non-refundable once work has commenced, except as specified in the project agreement

5. Intellectual Property and Ownership

Client ownership: Upon full payment, you own all rights to the custom software, source code, and deliverables created for your project. We retain no ownership or licensing rights to your completed application.

Pre-existing materials: We retain ownership of any pre-existing tools, frameworks, libraries, or methodologies used in development that were not created specifically for your project.

Portfolio rights: Unless otherwise agreed in writing, we reserve the right to reference the project (without disclosing confidential details) in our portfolio and marketing materials.

6. Project Process

  • Projects follow a structured process: Application, Discovery Call, Design & Build, and Delivery
  • You are expected to provide timely feedback, content, and approvals as outlined in the project agreement
  • Delays caused by late responses may affect project timelines
  • One round of refinements is included in the initial build. Additional revisions are available under ongoing support plans

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This includes project details, business strategies, technical specifications, and personal data. This obligation survives termination of the agreement.

8. Limitation of Liability

To the maximum extent permitted by law, Custom PKM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to these Terms or the use of our services.

Our total aggregate liability for any claims arising from or related to these Terms or our services shall not exceed the total amount paid by you for the specific project giving rise to the claim.

9. Warranties and Disclaimers

We warrant that all deliverables will substantially conform to the specifications agreed upon in the project agreement. This warranty is valid for 30 days following delivery.

Except as expressly stated above, our services are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Termination

Either party may terminate the engagement as follows:

  • By you: You may terminate at any time with written notice. Fees for work completed up to the termination date are non-refundable
  • By us: We may terminate if you breach these Terms or the project agreement, or if we determine the project is no longer feasible. In such cases, we will deliver any completed work and refund fees for unperformed work

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms shall be resolved through good-faith negotiation, and if necessary, binding arbitration.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated revision date. Your continued use of our website or services after any changes constitutes acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14. Contact

For questions about these Terms, contact us at:

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