Terms of Service

1. Acceptance of These Terms

These Terms of Service govern your access to and use of the website located at www.gibbyup.mom and any related services provided by GIBBYUP, LLC, operating through its developer brand GibbyUp. By accessing or using the website, you agree to be bound by these Terms of Service and by the Privacy Policy of the Company.

If you do not agree with any part of these Terms of Service, you must not access or use the website or any services provided by the Company. These Terms of Service constitute a legally binding agreement between you and the Company.

2. Who We Are

The website and the services are operated by GIBBYUP, LLC, a computer systems design and integrated systems consulting firm. The mailing address of the Company is 5351 W Rose Summit Dr, Herriman, UT 84096-6975, United States. The Company can be reached by email at update@gibbyup.mom or by telephone at +1 (223) 240-6081.

Throughout these Terms of Service, references to the Company, we, us, or our refer to GIBBYUP, LLC and its developer brand GibbyUp. References to you or your refer to the individual or entity accessing or using the website or services.

3. Description of Services

The Company provides computer systems design, custom software development, systems integration, cloud infrastructure, DevOps, and data engineering services. The specific scope, deliverables, timeline, and fees for any project are set forth in a separate written agreement, statement of work, or proposal agreed to by both parties.

The Company reserves the right to modify, suspend, or discontinue any aspect of its services at any time, with or without notice, to the extent permitted by any applicable agreement. The Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of its services.

The Company is a provider of computer systems design and related services within the Professional, Scientific, and Technical Services sector. The Company works with clients to plan, build, integrate, and maintain technical systems, and it may engage subcontractors or specialist partners where necessary to complete a project. Any such engagement is governed by the applicable written agreement.

4. Use of the Website

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website for your own informational and business purposes in accordance with these Terms of Service. You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use of the website by, any third party.

You are responsible for making all arrangements necessary for you to access the website and for ensuring that all persons who access the website through your connection are aware of and comply with these Terms of Service.

The website is intended for use by individuals and organizations that can form legally binding contracts under applicable law. By using the website, you represent that you are at least eighteen years of age, or the age of majority in your jurisdiction, and that you have the legal authority to bind any organization on whose behalf you are acting.

5. Client Accounts and Responsibilities

Certain features of the website or services may require you to create an account or to provide accurate and current information about yourself or your organization. You agree to provide true, accurate, and complete information and to update that information as needed.

You are responsible for maintaining the confidentiality of any credentials associated with your account and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company is not liable for any loss or damage arising from your failure to protect your account information.

The Company may suspend or disable any account that appears to have been compromised or that is being used in violation of these Terms of Service, pending an investigation. The Company will make a reasonable effort to notify you of any such suspension and to work with you to restore access where appropriate.

6. Acceptable Use

You agree that you will not use the website or services to do any of the following.

• Violate any applicable local, state, national, or international law or regulation.
• Infringe the intellectual property, privacy, or other rights of any third party.
• Transmit any malware, virus, or other harmful or disruptive code.
• Attempt to gain unauthorized access to any portion of the website, its servers, or related systems.
• Interfere with or disrupt the operation of the website or its underlying infrastructure.
• Engage in scraping, data mining, or any automated means of extracting data from the website without prior written consent.
• Misrepresent your identity or affiliation with any person or entity.

The Company reserves the right to investigate and take appropriate legal action against anyone who violates these provisions, including reporting such violations to law enforcement authorities.

The Company may establish additional guidelines or policies governing specific features or services, and those guidelines are incorporated into these Terms of Service by reference. In the event of a conflict between these Terms of Service and any specific guideline, the more restrictive provision will apply to the extent necessary to resolve the conflict.

7. Intellectual Property Rights

All content on the website, including text, graphics, logos, icons, images, software, and the design and arrangement of the website, is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from the website for commercial purposes without the prior written consent of the Company. The GIBBYUP name and logo and the GibbyUp developer brand are trademarks of the Company and may not be used without permission.

Ownership of custom software, code, and other deliverables produced for a client is governed by the specific written agreement between the Company and that client. Nothing in these Terms of Service grants you ownership of any Company intellectual property.

You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on the website or in any materials provided by the Company. You also agree not to reverse engineer, decompile, or disassemble any software provided by the Company except to the extent expressly permitted by applicable law.

8. User Content and Submissions

You may have the opportunity to submit content to the Company, including messages, inquiries, project descriptions, and other materials through contact forms, email, or other means. By submitting content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, and process that content for the purpose of responding to your inquiry and providing the services.

You represent and warrant that any content you submit does not violate the rights of any third party and does not contain unlawful, offensive, or otherwise objectionable material. You are solely responsible for the content you submit and for the consequences of submitting that content.

9. Fees and Payment

Fees for the services of the Company are set forth in a separate written agreement, proposal, or statement of work. Unless otherwise stated in the applicable agreement, all fees are due and payable within the time period specified in the invoice.

The Company may charge interest or suspend services if payment is not received by the due date. All amounts paid are non-refundable except as expressly provided in the applicable agreement. You are responsible for any taxes, duties, or other charges imposed in connection with the services.

If you believe an invoice contains an error, you must notify the Company in writing within a reasonable period after receipt of the invoice. Amounts that are not disputed in good faith within the applicable period will be considered accepted. The Company may adjust its fees and pricing for future work by providing notice in accordance with the applicable agreement.

10. Disclaimers

The website and the services are provided on an as is and as available basis. To the fullest extent permitted by law, the Company disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company does not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects will be corrected. Your use of the website is at your own risk.

11. Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of, or inability to use, the website or services.

In no event will the aggregate liability of the Company exceed the greater of the amount you paid to the Company for the services in the twelve months preceding the claim or one hundred United States dollars. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

The limitations and exclusions in this section apply to the fullest extent permitted by law and will apply regardless of whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory, and even if the Company has been advised of the possibility of such damages.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the website or services, your violation of these Terms of Service, or your violation of the rights of any third party.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with the Company in asserting any available defenses and in resolving the matter.

13. Termination

The Company may terminate or suspend your access to the website or services immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service. Upon termination, your right to use the website and services will cease immediately.

All provisions of these Terms of Service that by their nature should survive termination will survive, including ownership provisions, disclaimers, indemnification, and limitations of liability.

You may stop using the website at any time. If you wish to terminate an active services agreement, the termination process will be governed by the terms of that specific written agreement. Termination does not relieve either party of obligations that accrued before the effective date of termination.

14. Third Party Services

The website may contain links to third party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

You acknowledge and agree that the Company is not responsible or liable for any damage or loss caused by or in connection with your use of any third party website or service. The Company encourages you to read the terms and privacy policies of any third party website you visit.

The website may also integrate with third party platforms, including hosting providers, analytics services, and communication tools, in order to deliver its functionality. Your use of those platforms is subject to their own terms and privacy policies, and the Company is not responsible for the conduct or content of those third parties.

15. Governing Law

These Terms of Service will be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms of Service or your use of the website or services will be subject to the exclusive jurisdiction of the courts located in Utah.

If you access the website from outside the United States, you are responsible for compliance with local laws. The Company makes no representation that the website is appropriate or available for use in every location. If you access the website from a jurisdiction where such access is restricted or prohibited by law, you do so at your own risk and you remain solely responsible for ensuring that your use of the website complies with all applicable laws and regulations of your jurisdiction. The Company may limit the availability of the website or any portion of it to any person, geographic area, or jurisdiction at any time in its sole discretion.

16. Changes to These Terms

The Company reserves the right to modify or replace these Terms of Service at any time. When material changes are made, the Company will update the effective date at the top of this page and, where appropriate, provide notice through the website or by other means.

Your continued use of the website after any changes to these Terms of Service constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you must discontinue use of the website and services.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

The failure of the Company to enforce any right or provision of these Terms of Service will not be considered a waiver of that right or provision. No waiver will be effective unless made in writing and signed by an authorized representative of the Company.

These Terms of Service, together with the Privacy Policy and any separate written agreement between you and the Company, constitute the entire agreement between you and the Company regarding the website and the services. They supersede any prior or contemporaneous understandings, whether written or oral, relating to the same subject matter.

The headings used in these Terms of Service are for convenience only and do not affect the interpretation of the provisions. If any portion of these Terms of Service is held to be unenforceable, the remaining portions will continue in full force and effect.

18. Contact Information

If you have any questions about these Terms of Service, please contact the Company using the following details.

• Company name: GIBBYUP, LLC
• Address: 5351 W Rose Summit Dr, Herriman, UT 84096-6975, United States
• Email: update@gibbyup.mom
• Phone: +1 (223) 240-6081
• Website: https://www.gibbyup.mom