Bergquist Applications / Legal

Terms of Service

Terms that apply when you use our website or engage our services.

Last updated: September 22, 2026

Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of https://bergquistapplications.com (the “Site”) and any website development, consulting, or related services provided by Bergquist Applications(the “Services”). By accessing the Site or using the Services, you agree to be bound by these Terms.

Scope of Services

The Services may include design, development, deployment, maintenance, consulting, integration work, and related deliverables as described in a proposal, statement of work (“SOW”), invoice, or written agreement. Any timelines, pricing, and deliverables are defined by the applicable SOW or agreement.

Client Responsibilities

To help ensure successful delivery, you agree to:

• Provide timely feedback, approvals, and required materials (content, assets, access).

• Ensure you have rights to any materials you provide (logos, images, copy, data).

• Maintain backups of your content and systems unless the SOW states otherwise.

• Use least-privilege access and separate credentials when granting contractor access.

Payments, Fees, and Invoicing

Fees, payment schedules, deposits, milestones, and late-payment terms are specified in the applicable proposal/SOW/invoice. Unless otherwise stated, invoices are due upon receipt. Late payments may result in paused work and/or delayed delivery.

Changes and Revisions

You may request changes to the scope. If a request is outside the agreed scope, it may require a change order and additional fees and/or time. We’ll communicate material scope changes before proceeding.

Intellectual Property

Unless stated otherwise in writing:

• Client materials: You retain ownership of materials you provide to us.

• Deliverables: Upon full payment, you receive a license (or ownership if specified) to use the final deliverables created for you, excluding third-party components.

• Pre-existing tools: We retain ownership of our pre-existing templates, libraries, code snippets, processes, and know-how used to deliver the Services.

• Third-party software: Frameworks, libraries, fonts, and other third-party assets remain subject to their respective licenses.

Confidentiality

We treat client project information (including access credentials, source code, business data, and design assets) as confidential and use it only to provide the Services. We may require or offer a separate NDA for certain projects.

Site Use and Acceptable Use

You agree not to misuse the Site or Services. This includes attempting to gain unauthorized access, disrupting systems, distributing malware, or using the Site in violation of applicable laws.

Third-Party Services

Projects may rely on third-party services (hosting, email, analytics, payments, APIs, cloud providers). Those services are governed by their own terms and privacy policies. You are responsible for maintaining your accounts and compliance with third-party terms unless otherwise agreed.

Warranties and Disclaimers

The Site and Services are provided “as is” and “as available.” We do not warrant that the Site will be uninterrupted or error-free, or that the Services will meet all requirements beyond what is expressly stated in a written agreement. Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.

Limitation of Liability

To the maximum extent permitted by law, Bergquist Applications will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill arising from your use of the Site or Services. Our total liability for any claim relating to the Services will not exceed the amount you paid to us for the Services in the three (3) months preceding the event giving rise to the claim, unless a written agreement states otherwise.

Indemnification

You agree to indemnify and hold harmless Bergquist Applications from claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site/Services, your content, or your violation of these Terms or applicable law.

Termination

We may suspend or terminate access to the Site if necessary to protect the Site, our users, or our rights. For Services engagements, termination rights and effects (including outstanding fees and deliverable handoff) should be covered in the SOW or agreement.

Governing Law

These Terms are governed by the laws of the jurisdiction where Bergquist Applications operates, without regard to conflict of law principles. Venue and dispute resolution may be further defined in a written agreement for Services.

Changes to These Terms

We may update these Terms from time to time. The “Last updated” date reflects the most recent revision. Continued use of the Site after changes become effective constitutes acceptance of the updated Terms.

Contact

Questions about these Terms? Contact abergquist96@gmail.com.