Terms of Service

These Terms of Service govern your use of fenixerlabs.net and any development engagement you enter into with Fenixer Labs LLC. By using the website or commissioning work, you agree to these terms.

1. Who we are

Fenixer Labs LLC ("Fenixer Labs", "we", "us" or "our") is a limited liability company registered in the State of Delaware, United States, file number 10618780, with its registered office at 254 Chapman Rd, Suite 101-B, Newark, Delaware 19702, United States. We are a software development company.

2. Scope

These terms cover two things: this corporate website, and the development services we perform for clients. Each individual engagement is additionally governed by a signed statement of work. Where a statement of work conflicts with these terms for that engagement, the statement of work prevails.

3. Engagements

Work begins only once both parties have signed a written scope setting out the deliverables, milestones, timescales and price. Estimates given before signature are indicative and not binding. We may decline any engagement at our discretion.

Unless the scope says otherwise, we provide the services as an independent contractor. We are not your employee, agent, partner or joint venturer, and we may engage qualified subcontractors, remaining responsible for their work.

4. Client obligations

Delivery depends on you. You agree to provide the information, content, credentials, accounts and approvals we reasonably need, and to respond to requests for decisions or feedback within a reasonable time. You confirm that anything you supply for inclusion in the work — content, data, designs, trademarks or code — is lawful and that you hold the rights to it.

Where your delay prevents us from proceeding, milestone dates shift accordingly and we may re-schedule the engagement around other commitments.

5. Fees and payment

Fees are those stated in the signed scope, in the currency shown, exclusive of any tax that may be added where required by law. Indicative starting rates are published on our Business Information page; the binding figure is the one in your scope.

Unless the scope says otherwise, our standard terms are 40% on signature, 40% at the agreed midpoint milestone and 20% on final delivery. The first milestone is payable before work begins. Maintenance retainers are billed monthly in advance.

Payments are processed by regulated third-party payment providers. Fenixer Labs does not receive, store or process raw card or bank credentials. Invoices are due on receipt unless stated otherwise; we may suspend work on an overdue invoice after written notice.

6. Delivery and acceptance

Work is delivered digitally — source code, builds, deployed environments and documentation, transferred into your own repository, cloud account or store listing. Nothing is physically shipped.

At each milestone we notify you that the deliverable is ready for review. You have seven days to accept it or to identify, in writing, any respect in which it does not meet the agreed scope. We correct genuine deviations from scope at no charge. If you do not respond within seven days, the milestone is treated as accepted and the corresponding invoice may be raised.

7. Changes to scope

Either party may propose a change. Changes take effect only when both parties agree them in writing, together with any resulting adjustment to price and timescale. Work outside the signed scope is chargeable at our published day rate.

8. Intellectual property

On receipt of final payment for an engagement, all intellectual property in the deliverables created specifically for you transfers to you.

We retain ownership of our pre-existing materials — tools, libraries, frameworks and know-how developed before or outside the engagement — and grant you a perpetual, non-exclusive, worldwide licence to use them as incorporated in the deliverables. Third-party and open-source components remain subject to their own licences, which we identify on handover.

Until final payment is received, all deliverables remain our property. We may describe the engagement in general terms as part of our portfolio only with your written permission.

9. Confidentiality

Each party will keep the other's confidential information in confidence, use it only for the engagement, and not disclose it without permission, except where disclosure is required by law. This obligation survives the end of the engagement.

10. Our reusable components

Where deliverables incorporate our pre-existing tools, libraries or frameworks, the licence granted in section 8 governs their use. You must not extract, reverse engineer, rent, sublicence or redistribute those components independently of the deliverable they were supplied in, or remove proprietary notices from them.

11. Content disclaimer

Fenixer Labs does not provide, sell, host, stream, bundle, index, aggregate, resell or facilitate access to any channels, films, series, broadcasts, playlists, media libraries or content subscriptions, and operates no streaming infrastructure.

Where an application we build or publish is a media player, it is supplied without media content. The end user supplies their own sources and is solely responsible for holding the rights necessary to access them, and for complying with applicable copyright and broadcasting law. We have no visibility of, or control over, what any user chooses to play.

12. Acceptable use

Our Acceptable Use & Content Policy forms part of these terms and sets out what we will and will not build, and the uses we prohibit. Breach of that policy is a breach of these terms.

13. Cancellation and refunds

Cancellation, refunds, billing errors and payment disputes are governed by our Refund & Cancellation Policy, which forms part of these terms.

14. Warranties and disclaimers

We warrant that the services will be performed with reasonable skill and care, and that deliverables will materially conform to the signed scope for thirty days after acceptance. Your exclusive remedy for a breach of that warranty is that we correct the deliverable at no charge.

Beyond that warranty, and to the maximum extent permitted by law, the website is provided "as is" and "as available" without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant uninterrupted or error-free operation, or that software will run on every device. Nothing here excludes any right that cannot lawfully be excluded, including consumers' statutory rights.

15. Limitation of liability

To the maximum extent permitted by law, Fenixer Labs will not be liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, data or goodwill.

Our total aggregate liability arising out of or relating to an engagement is limited to the fees you paid us for that engagement. For the website itself, our total aggregate liability is limited to fifty United States dollars.

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited.

16. Indemnity

You agree to indemnify Fenixer Labs against claims, losses and reasonable costs arising from materials you supply for inclusion in the work, from your use of the deliverables after handover, from your breach of these terms or of the Acceptable Use & Content Policy, or from media sources accessed through software we built or published.

17. Termination

Either party may terminate an engagement on written notice if the other materially breaches these terms or the signed scope and fails to remedy the breach within fourteen days. On termination, you pay for work completed and accepted up to that date, and we hand over the work in its then-current state. Sections 8, 9, 14, 15 and 16 survive termination.

18. Privacy

Our Privacy Policy explains how we handle personal information. Erasure requests are handled through our Data Deletion procedure.

19. Governing law and disputes

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules, except where mandatory consumer law in your country of residence provides otherwise. The courts of Delaware have jurisdiction, without prejudice to any right you have as a consumer to bring proceedings in your own country.

Before commencing proceedings, please contact us at legal@fenixerlabs.net. We take complaints seriously and would rather resolve a dispute directly.

20. Contact

Related: Business Information · Refund & Cancellation Policy · Acceptable Use & Content Policy · Privacy Policy