Terms of Service

Last updated: February 2026

1. Agreement to Terms

By accessing or using the services provided by Kode Systems (“Kode,” “we,” “us,” or “our”), including our website at kode.systems and all related services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

2. Services

Kode provides custom software development, design, and consulting services on a subscription or project basis. The specific scope, deliverables, and timeline for each engagement will be outlined in a separate Statement of Work (SOW) or service agreement.

3. Subscription Plans

  • Billing: Subscription fees are billed monthly in advance. Prices are in USD.
  • Pause & Resume: You may pause your subscription at any time. Unused days carry over when you resume.
  • Cancellation: You may cancel at any time. No refunds for the current billing period, but you retain access until the end of the period.
  • Money-Back Guarantee: We offer a 7-day money-back guarantee on all new subscriptions.

4. Intellectual Property

Upon full payment, you own all intellectual property rights to the custom work we create for you. We retain the right to use general knowledge, techniques, and non-confidential elements for other clients. We may showcase the project in our portfolio unless otherwise agreed in writing.

5. Client Responsibilities

  • Provide timely feedback and approvals to maintain project timelines
  • Supply all necessary content, assets, and access credentials
  • Ensure you have rights to all materials provided to us
  • Designate a point of contact for project communications

6. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the engagement. This includes business strategies, technical architecture, code, designs, and customer data. We are happy to sign a mutual NDA upon request.

7. Limitation of Liability

To the maximum extent permitted by law, Kode shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities. Our total liability shall not exceed the fees paid in the 3 months preceding the claim.

8. Warranties & Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. All deliverables are provided “as is” after the revision period. We do not guarantee specific business outcomes, revenue, or results.

9. Termination

Either party may terminate the service agreement with 30 days written notice. Upon termination, you will receive all completed work and source code. Any outstanding fees become immediately due.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Kode operates, without regard to conflict of law principles.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services constitutes acceptance of the updated Terms.

12. Contact

For questions about these Terms, contact us at: rafael@kode.systems