Terms of Service
1. About these terms
These Terms of Service ("Terms") govern your access to and use of the 805software.com website (the "Site") operated by 805 Software. By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
2. About 805 Software
805 Software is an independent software consultancy operating under California law. For legal notices or other inquiries, see Section 11.
"805 Software", "we", "us", and "our" refer to 805 Software and its successors. "You" and "your" refer to the person or entity using the Site.
3. Permitted use of the Site
You agree to use the Site in compliance with all applicable laws. You may not:
- Use the Site to violate any law, regulation, or third-party right.
- Probe, scan, or test the vulnerability of the Site, or breach security or authentication measures.
- Use any automated means (bots, scrapers, crawlers other than well-behaved indexers) to extract data,
beyond what is permitted by our
robots.txt. - Send unsolicited bulk email, spam, or malware via our contact channels.
- Impersonate any person or entity, or misrepresent your affiliation with one.
4. Intellectual property
The Site and its original content, features, and functionality — including the 805 Software name, logo, copy, and visual design — are owned by 805 Software and are protected by United States and international copyright, trademark, and other intellectual property laws.
You may view, share, and link to the Site for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of the Site without our prior written permission.
Trademarks, logos, and service names of third parties referenced on the Site are the property of their respective owners and are used for identification purposes only.
5. Engagements and services
The Site is informational. Nothing on the Site constitutes a binding offer, a guarantee of performance, or the creation of a consulting, employment, or fiduciary relationship.
Any actual engineering, design, or consulting work performed by 805 Software is governed by a separately signed Master Services Agreement ("MSA") and one or more Statements of Work ("SOWs"). In the event of any conflict between these Terms and a signed MSA or SOW, the signed agreement controls with respect to that engagement.
6. Third-party links and products
The Site may include links to third-party sites or services (for example, Demoworthy and Botbudget product sites, or third-party platforms like the App Store and Google Play). We do not control those sites, and we are not responsible for their content, privacy practices, or availability. Your use of any third-party site is at your own risk and subject to that site's terms.
7. Disclaimers
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components, or that the information presented is accurate, complete, or current.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 805 SOFTWARE OR ITS PRINCIPALS, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL — ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). This limitation does not apply to liability that cannot be limited under applicable law, and it does not affect liability under a separately signed MSA or SOW, which has its own liability terms.
9. Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or related to these Terms is the state and federal courts located in California, and you and 805 Software each consent to personal jurisdiction in those courts.
10. Changes to these terms
We may update these Terms from time to time. Material changes will be posted on the Site and reflected in the "Last updated" date above. Continued use of the Site after a change becomes effective constitutes acceptance of the updated Terms.
11. Contact
Legal notices to 805 Software can be sent to hello@805software.com.