Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Matthew Bishop, operating as BishopTech ("we," "our," or "us"), an independent contractor providing technology services. These terms govern your access to and use of our website bishoptech.dev and our services, including but not limited to software development, AI integration, web development, and consulting services.

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services. You understand that BishopTech is operated as a sole proprietorship by Matthew Bishop, an independent contractor.

2. Services Description

BishopTech provides a range of technology services including, but not limited to:

• Full-stack development
• Custom software solutions
• AI integration and implementation
• Web and mobile application development
• Process automation
• Technology consulting

The specific services to be provided will be outlined in a separate agreement, statement of work, or project proposal between BishopTech and the client.

3. Intellectual Property Rights

3.1 Our Intellectual Property

Our website, logo, trademarks, and all content created by us are our intellectual property and are protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property without our prior written consent.

3.2 Client Materials

You retain all rights to any content, data, or materials you provide to us in connection with our services. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such materials solely for the purpose of providing the services to you.

3.3 Deliverables

Unless otherwise specified in a written agreement, upon full payment for our services, you will receive ownership of the final deliverables created specifically for you as part of our services. This does not include any third-party materials, our pre-existing intellectual property, or tools and methodologies we use to create the deliverables.

4. User Responsibilities

By using our services, you agree to:

• Provide accurate and complete information as required for the services
• Maintain the confidentiality of any account credentials
• Promptly review and provide feedback on deliverables
• Use our services in compliance with all applicable laws and regulations
• Not engage in any activity that could harm our systems or interfere with other users
• Not use our services to transmit harmful code or content

5. Payment Terms

Payment terms will be specified in a separate agreement, statement of work, or project proposal. Unless otherwise stated:

• Payment is due within 30 days of invoice date
• We may require a deposit before commencing work
• For ongoing services, payments are typically due monthly
• We reserve the right to suspend services if payment is not received when due

All fees are exclusive of applicable taxes, which will be added to invoices where required by law.

6. Independent Contractor Relationship

You acknowledge and agree that Matthew Bishop d/b/a BishopTech is an independent contractor and not an employee, agent, or partner of your organization. This agreement creates no employment, partnership, agency, or joint venture relationship. As an independent contractor, I am responsible for my own tax obligations and business operations.

Services are provided on a project-by-project basis or through retainer agreements. No ongoing employment relationship is created or implied through these Terms or any service agreement.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MATTHEW BISHOP D/B/A BISHOPTECH 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 THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SERVICES

AS AN INDEPENDENT CONTRACTOR, MY TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO ME FOR THE SPECIFIC SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) THE AMOUNT OF THE LAST MONTH'S PREVIOUS FEES. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Matthew Bishop d/b/a BishopTech from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees) arising from:

• Your use of and access to the services
• Your violation of any term of these Terms
• Your violation of any third party right, including any copyright, property, or privacy right
• Any claim that your content caused damage to a third party
• Any content or data you provide that is inaccurate or misleading

9. Termination

Either party may terminate the service agreement according to the terms specified in the project proposal or statement of work. In absence of specific termination provisions:

• Either party may terminate with 30 days written notice
• We may terminate immediately if you breach these Terms
• Upon termination, you must pay for all services rendered up to the termination date
• Provisions that by their nature should survive termination shall survive termination

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the courts located in Greene County, Missouri, or through binding arbitration at the election of Matthew Bishop.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any significant changes by updating the "Last Updated" date at the top of these Terms. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with any other agreements entered into between you and Matthew Bishop d/b/a BishopTech, constitute the entire agreement between you and BishopTech regarding your use of our services.

12.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

13. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: mattbishopfx@gmail.com
• Phone: (417) 629-7373
• Business Name: Matthew Bishop d/b/a BishopTech