Terms of Service

Last updated: June 18, 2026

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 1. Acceptance of Terms

Clearly state that by accessing your software or hiring your services, the user agrees to these terms.

Note: Explicitly mention that if they are using the software on behalf of a company, they have the authority to bind that company to these terms.

2. Scope of Services

Define what you provide to prevent "scope creep."

  • Custom Development: Clarify that services are limited to the specific requirements agreed upon in a Statement of Work (SOW).

  • Maintenance & Support: Specify if support is included or if it requires a separate SLA (Service Level Agreement).

  • Third-Party Integrations: Since you work with APIs (like WhatsApp, BioStar 2, or Facebook), state that you are not responsible for changes, outages, or price hikes initiated by these third-party providers.

3. Intellectual Property (IP) Rights

This is the most important section for a developer.

  • Client Ownership: Usually, once the final invoice is paid, the client owns the custom code for their specific project.

  • Developer Rights: Retain ownership of your "pre-existing code," boilerplate Laravel structures, or proprietary libraries you’ve developed and reused across projects.

  • License: If you are providing a SaaS product, specify that the user has a non-exclusive, non-transferable license to use the software.

4. Payment & Subscription Terms

  • Billing: Outline your payment milestones (e.g., 30% upfront, 40% at beta, 30% on deployment).

  • Late Fees: State the consequences of late payments (e.g., temporary suspension of API access or hosting).

  • Refunds: Clearly define your refund policy for custom work—most software firms offer no refunds once development hours have been logged.

5. Acceptable Use Policy

Protect your infrastructure by prohibiting:

  • Reverse engineering your code.

  • Using your software for illegal activities (spamming via integrated APIs, etc.).

  • Attempting to breach the security of your servers or databases.

6. Limitation of Liability

Limit your financial exposure.

  • State that your company is not liable for indirect damages, loss of data, or loss of profits.

  • Cap on Damages: Often, liability is capped at the total amount the client paid you in the 6–12 months prior to the claim.

7. Termination

  • By User: How much notice do they need to give to cancel a subscription or project?

  • By Company: Reserve the right to terminate access if terms are violated.

  • Data Retrieval: Specify how much time the user has to export their data after termination before it is permanently deleted.

8. Governing Law

Identify which court system handles disputes.

Example: "These terms shall be governed by the laws of Bangladesh, and any disputes will be settled in the courts of Dhaka."


Key Considerations for Your Tech Stack

  • API Usage: Because you build tools that pull data from other systems, include a clause stating that the user is responsible for maintaining their own API keys and complying with those third-party terms.

  • Server Uptime: If you provide hosting or CPanel management, include a disclaimer that 100% uptime is not guaranteed and you are not liable for server-side hardware failures.

Recommendation: After drafting these, have them reviewed by a legal professional to ensure they align with the specific regulations of your target market (e.g., Bangladesh, USA, or EU).

Are you looking to draft this for a one-time development project or for a recurring software-as-a-service (SaaS) product?

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