These Terms of Service ("Terms") govern your engagement with Oubigee Jones, a sole proprietorship operating publicly as OJ | IND ("we", "us", "our"), through the website ojind.dev and any project we agree to undertake on your behalf. By submitting the build-request form, signing a proposal, or paying an invoice, you ("Client", "you") agree to these Terms.
We provide custom software development, AI/automation engineering, voice and integration pipelines, and AI-integrated web builds on a project basis. The specific scope, deliverables, timeline, and price for each engagement are defined in a written proposal or scope document we send and you accept (the "Scope").
If a conflict arises between these Terms and the Scope, the Scope governs for that engagement.
If you request changes outside the agreed Scope, we will provide a written change order describing the additional work, timeline impact, and additional fee. Work on the change order begins after you accept it in writing. Material scope changes during an active engagement may require renegotiation of milestones or timeline.
Upon full payment for an engagement, you own the final deliverables specifically created for you under the Scope, including custom code, designs, copy, and any project-specific assets.
We retain all rights to pre-existing tools, libraries, frameworks, skills, prompts, training data, generic patterns, and reusable components we bring to the engagement. You receive a non-exclusive, perpetual, worldwide license to use those pre-existing materials as integrated into the final deliverables.
Open-source and third-party components included in deliverables remain subject to their original licenses. We will identify any non-permissive licenses (GPL, AGPL, etc.) used in the deliverables on request.
We retain the right to display non-confidential aspects of completed work (visuals, screenshots, high-level descriptions) in our portfolio, on ojind.dev, and in case studies. We will not disclose Confidential Information (see // 06) without your written consent.
Each party may receive non-public information from the other ("Confidential Information"). Each party will:
This obligation continues for two (2) years after the engagement ends. Information that is public, already known, independently developed, or rightfully obtained from a third party is not Confidential Information.
We warrant that the services will be performed in a professional and workmanlike manner consistent with prevailing industry standards.
Acceptance period: you have ten (10) calendar days after delivery of a milestone or final deliverable to identify any material defect or deviation from the Scope in writing. If we receive no such notice within that period, the deliverable is deemed accepted.
EXCEPT AS EXPRESSLY STATED, ALL DELIVERABLES AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant uninterrupted or error-free operation of any deliverable, that defects will be corrected outside the acceptance period, or that AI-generated outputs will be accurate, complete, or appropriate for any particular use.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR AN ENGAGEMENT IS LIMITED TO THE AMOUNT OF FEES YOU ACTUALLY PAID US FOR THE ENGAGEMENT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitations apply to the maximum extent permitted by law.
Either party may terminate an engagement on seven (7) days written notice (oubigee.j@outlook.com qualifies as written notice).
On termination, we will provide work-in-progress materials covered by paid milestones and assist a reasonable handover. Sections that should reasonably survive termination (payment obligations, IP, confidentiality, warranties, liability, dispute resolution) survive.
You will defend, indemnify, and hold us harmless from any third-party claim arising out of: (a) content, data, code, or assets you provided; (b) your use of the deliverables in violation of these Terms or applicable law; or (c) your products or services in which the deliverables are integrated.
We will defend, indemnify, and hold you harmless from any third-party claim that the deliverables, as delivered by us, infringe a US patent, copyright, or trade secret — provided you notify us promptly, give us sole control of the defense, and reasonably cooperate.
Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, natural disaster, war, riot, civil unrest, government action, internet or utility outage, or pandemic. The affected party will give prompt notice and use reasonable efforts to resume performance.
These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or an engagement that the parties cannot resolve through good-faith discussion within 30 days will be resolved in the state or federal courts located in East Baton Rouge Parish, Louisiana, and each party consents to that venue.
Each party waives any right to a jury trial. The prevailing party in a dispute is entitled to recover reasonable attorneys' fees and costs.
We may update these Terms from time to time. We will update the "last updated" date at the top of this page. For active engagements, the version of the Terms in effect when the Scope was accepted continues to govern that engagement unless both parties agree in writing to apply a newer version.
oubigee.j@outlook.com; written notices to you go to the email address you used to engage us.For questions about these Terms or to request a copy of a Scope: