Terms of Service

Last Updated: March 28, 2025

1. Acceptance of Terms

By accessing or using the website and services of The Backus Agency ("we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

2. Description of Services

The Backus Agency provides software development, digital product design, and technology consulting services. Our services include but are not limited to web and mobile application development, MVP development, UI/UX design, and technology strategy consulting.

3. User Accounts

Some portions of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property Rights

Our Intellectual Property: All content, features, and functionality of our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by The Backus Agency, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content: You retain all rights to any content you submit, post, or display on or through our services. By submitting, posting, or displaying content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, translate, distribute, and display such content in connection with providing our services.

5. Payment Terms

Fees: Fees for our services are as specified on our website or in a separate agreement. All fees are in U.S. dollars unless otherwise specified.

Payment: Payment is due according to the terms specified in your agreement with us. We accept payment via credit card, bank transfer, or other methods as specified.

Late Payments: Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

6. Limitation of Liability

In no event shall The Backus Agency, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use our services
  • Any conduct or content of any third party on our services
  • Any content obtained from our services
  • Unauthorized access, use, or alteration of your transmissions or content

7. Indemnification

You agree to defend, indemnify, and hold harmless The Backus Agency, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of our services.

8. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the federal or state courts located in San Francisco County, California.

9. Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. We will provide notice of any material changes by posting the updated Terms of Service on this page and updating the "Last Updated" date. Your continued use of our services after any such changes constitutes your acceptance of the new Terms of Service.

10. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.

11. Contact Us

If you have any questions about these Terms of Service, please contact us at:
Email: support@backus.agency
Address: Delaware, United States