Terms of Service

Last updated: March 2026

1. Service Description

  • Kactuz® Co. provides async software development services, delivered remotely by the Kactuz® Co. engineering team.
  • Specific deliverables depend on the tier purchased (Tech Audit, Project Sprint, or Dev Club).
  • All services are provided on an async-first basis via Linear, GitHub, and Loom.

2. Payment Terms

  • All prices are in USD.
  • Payment is processed via Stripe.
  • Dev Club subscriptions are billed monthly and auto-renewing.
  • Refund policy: Tech Audit — 50% refund if canceled before delivery. Project Sprint — 50% refund if canceled before week 2. Dev Club — no refund for the current month; cancel anytime for the next month.

3. Intellectual Property

  • All custom code developed is owned by the client upon payment.
  • Kactuz® Co. retains the right to use general knowledge, techniques, and non-proprietary patterns learned during the engagement.
  • Client's proprietary information remains confidential.

4. Confidentiality

  • Kactuz® Co. will not disclose client's code, business logic, or data to third parties.
  • Access to client repositories is limited to assigned work.
  • Mutual NDA covering project details is implied in this agreement.

5. Liability

  • Kactuz® Co. liability is limited to the amount paid by the client in the last 3 months.
  • Kactuz® Co. is not liable for indirect, consequential, or lost profit damages.
  • The client is responsible for production deployments, monitoring, and backups.

6. Termination

  • Either party can terminate with 7 days written notice.
  • Upon termination, all code delivered via GitHub remains the client's property.
  • Outstanding work-in-progress is delivered as-is.

7. Dispute Resolution

  • This agreement is governed by Brazilian law.
  • Disputes are resolved via mediation or arbitration first.

Contact

For questions about these terms, contact us at [email protected]