Terms of Service

1. Acceptance of Terms

By accessing or using Continuum's website (uxcontinuum.com) or services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

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

2. Services Description

Continuum provides fractional CTO services, technical consulting, software development, and related professional services ("Services") to startups and businesses. Our Services may include but are not limited to:

• Technical strategy and roadmap development
• MVP and product development
• Code reviews and technical audits
• Technical leadership and team management
• Architecture design and implementation
• Discovery sprints and technical assessments

3. User Obligations

When using our Services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your account credentials
• Use our Services only for lawful purposes
• Cooperate with us in good faith to deliver Services effectively
• Provide timely feedback and approvals as outlined in service agreements
• Not attempt to reverse engineer, decompile, or hack our systems
• Not use our Services to build a competing product or service

4. Payment Terms

Fees and Billing

Fees for our Services are set forth in your service agreement or statement of work. Unless otherwise specified:

• Discovery sprints are billed upfront as a fixed fee
• Retainer services are billed monthly in advance
• Project-based work may be billed in milestones as defined in the statement of work
• All fees are in USD unless otherwise specified

Payment Methods

We accept payment via bank transfer, credit card, or other methods as agreed upon. Payment is due within 7 days of invoice unless otherwise specified.

Late Payments

Late payments may incur a fee of 1.5% per month (18% per annum) or the maximum allowed by law, whichever is lower. We reserve the right to suspend Services for accounts with overdue payments.

5. Cancellation and Refunds

Client Cancellation

Cancellation terms depend on the service type:

• Discovery Sprints: Full refund if you are not satisfied with the deliverables before development begins (week 1). After development starts, no refunds but we will work with you to address concerns.
• Monthly Retainers: 30 days written notice required. No refunds for the current billing period, but services continue through the notice period.
• Project-Based Work: Cancellation terms are defined in the statement of work. Generally, you pay for work completed plus a cancellation fee (typically 25% of remaining balance).

Our Cancellation

We reserve the right to cancel or suspend Services with 30 days notice if:

• Payment is not received after reasonable attempts to collect
• You violate these Terms or applicable laws
• The working relationship becomes untenable despite good faith efforts to resolve issues

6. Intellectual Property

Client-Owned Work Product

Upon full payment, you own all custom code, designs, and deliverables created specifically for your project ("Work Product"). We transfer all rights, title, and interest in the Work Product to you.

Continuum-Owned Materials

We retain ownership of:

• Pre-existing tools, frameworks, and code libraries
• Methodologies, processes, and templates
• General knowledge and experience gained
• Marketing materials, website content, and case studies (unless otherwise agreed)

You receive a non-exclusive, perpetual license to use Continuum-owned materials incorporated into your Work Product.

Third-Party Components

Work Product may include open-source or third-party components subject to their own licenses. We will identify such components and ensure compliance with applicable licenses.

7. Confidentiality

We will maintain the confidentiality of your proprietary information and not disclose it to third parties without your consent, except:

• When required by law or court order
• To subcontractors who have signed confidentiality agreements
• Information that is publicly available or independently developed

Similarly, we ask that you maintain confidentiality of our proprietary methodologies, pricing, and business information.

8. Warranties and Disclaimers

Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Work Product will conform to agreed-upon specifications
• We have the right to provide the Services and Work Product

Disclaimer

EXCEPT AS EXPRESSLY STATED ABOVE, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee specific business outcomes, revenue targets, or market success. Software development involves inherent risks and uncertainties.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT LIABLE FOR LOST PROFITS, LOST REVENUE, DATA LOSS, OR BUSINESS INTERRUPTION
• WE ARE NOT RESPONSIBLE FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless Continuum from any claims, damages, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any laws or regulations
• Your misuse of our Services or Work Product
• Claims that your content or materials infringe third-party rights

11. Dispute Resolution

Informal Resolution

If a dispute arises, we encourage you to contact us first to resolve it informally. Most concerns can be addressed through good-faith discussion.

Governing Law

These Terms are governed by the laws of France, without regard to conflict of law principles.

Jurisdiction

Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts located in Paris, France.

12. General Provisions

Entire Agreement

These Terms, together with any service agreement or statement of work, constitute the entire agreement between you and Continuum regarding our Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor or affiliate.

Contact Us

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