TERMS OF SERVICE

Peter Nowak is a software engineering and digital growth studio. We design and build e-commerce stores, SaaS platforms, and CRO-driven web experiences. Specific work is always governed by a separate written engagement letter or Statement of Work ("SOW") that you and we sign.

You must be at least 18 years old and able to form a binding contract under the laws of your jurisdiction to use the Services. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

Project scope, deliverables, timelines, milestones, and fees are defined in the SOW for each engagement. These Terms apply to every engagement unless the SOW expressly states otherwise. If a conflict arises between these Terms and the SOW, the SOW controls.

Any change to scope, timeline, or fees must be agreed in writing — by email is fine — and will be billed at the rates stated in the SOW or our then-current rate card.

• Project work is typically invoiced 50% on signing and 50% on delivery, unless the SOW specifies otherwise.
• Hourly work is invoiced monthly in arrears.
• Invoices are due within 14 days of issue. Late payments accrue interest at 1.5% per month or the maximum rate permitted by law.
• Out-of-pocket expenses (third-party licenses, hosting, etc.) are passed through at cost with prior approval.
• All fees are exclusive of applicable taxes.

Upon full payment of all fees due for a deliverable, we assign to you all right, title, and interest in the custom code, designs, and content created specifically for you under that engagement.

We retain ownership of our pre-existing tools, internal libraries, frameworks, methodologies, and any open-source components incorporated into the deliverables, and grant you a perpetual, royalty-free license to use them as part of the final deliverable.

We may reference your engagement in our portfolio and marketing materials (logo, project summary, public-facing results) unless you ask us in writing not to.

To deliver effectively, we rely on you to:

• Provide timely feedback, approvals, and access to assets and accounts
• Make a single point-of-contact available during the engagement
• Ensure any materials you give us do not infringe third-party rights
• Maintain your own backups of any data we deliver to your systems

Delays caused by your team may push timelines and trigger additional fees.

Each party agrees to keep confidential any non-public information shared during the engagement and to use it only to perform under the SOW. This obligation survives the end of the engagement for three years, except for trade secrets, which remain protected for as long as they qualify as such under applicable law.

We warrant that our work will be performed in a professional and workmanlike manner. For 90 days after delivery of any milestone, we will fix material defects in our work at no additional charge, provided the deliverable has not been modified by you or a third party.

Except for the warranty above, the Services and website are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill — even if advised of the possibility.

Our total aggregate liability under any engagement will not exceed the fees you actually paid us under the SOW giving rise to the claim during the three months immediately preceding the event that caused the liability.

You agree to indemnify and hold us harmless against any third-party claims, damages, or expenses arising from (a) content or materials you provide to us, (b) your use of the deliverables in violation of law or third-party rights, or (c) your breach of these Terms.

Either party may terminate an engagement for convenience with 30 days' written notice, or immediately if the other party materially breaches the Terms or SOW and fails to cure within 15 days of written notice.

On termination, you will pay for all work performed up to the termination date plus any non-cancellable out-of-pocket commitments. We will deliver work-in-progress materials upon full payment.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The parties agree to resolve any dispute first through good-faith negotiation, then through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. The prevailing party is entitled to recover reasonable attorney's fees.

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. If changes are material, we will give reasonable notice (such as a website banner or email). Continued use of the Services after the effective date means you accept the updated Terms.

Questions about these Terms? Reach us: