Terms of Service
The rules for using axionbuilt.com and engaging Axion Built.
These Terms of Service (the "Terms") form a binding agreement between you and Axion Built LLC, a Florida limited liability company located in Lantana, FL ("Axion Built," "we," "us," or "our"). They govern your access to and use of axionbuilt.com (the "Site") and any services we provide through it (the "Services").
By using the Site or engaging us, you agree to these Terms. These Terms, our Privacy Policy, and our Refund Policy are the "Agreement."
1. What we do
Axion Built is a small Florida-based studio. We design, build, and ship custom software for restaurant, hospitality, and merchant-services operators. Engagements typically include:
- Custom software development and integrations
- Point-of-sale programming and menu data work
- Branded mobile and web applications
- Consulting on payments, ordering, and operational tooling
The Site is an informational marketing site. Substantive service work is performed under a separate written agreement (a statement of work, master services agreement, or order form) that specifies scope, deliverables, schedule, and price. Where those documents conflict with these Terms, those documents control. These Terms apply to your use of the Site and to engagements that are not yet under a separate written contract.
2. Engagements and quotes
Using the Site does not by itself create a service engagement. A binding engagement requires a signed scope or written acceptance of a written quote. Quotes are valid for thirty (30) days from issue unless otherwise stated.
3. Fees and payment terms
Unless otherwise agreed in writing:
- Service fees are billed on a project, retainer, or time-and-materials basis, as specified in the applicable scope.
- Invoices are due within fifteen (15) days of issue.
- Past-due balances accrue a service charge of 1.5% per month (or the maximum allowed by Florida law, if lower).
- Pre-paid retainers and project deposits secure scheduled work; see our Refund Policy for cancellation and refund mechanics.
- Stated fees do not include applicable Florida sales tax; tax is added where required.
Card payments are processed through a third-party payment gateway. You acknowledge that the payment gateway has its own terms and that disputes related to card processing are governed by those terms and the rules of the card brands.
4. Chargebacks and billing disputes
If you have a billing question or concern about a charge, contact us first at support@axionbuilt.com. We will work in good faith to resolve any legitimate dispute. Filing a chargeback with your card issuer for a charge you have not first discussed with us is a material breach of these Terms; we reserve the right to recover costs (including processor chargeback fees and reasonable collection expenses) for chargebacks filed in bad faith or in breach of a signed scope.
5. Intellectual property — deliverables and tools
Unless an applicable scope says otherwise:
- Deliverables (custom code, designs, and other materials we are paid to produce specifically for you) are assigned to you upon full payment of the related invoice.
- Our tools and methods — including pre-existing code, libraries, frameworks, internal templates, prompt scaffolding, and the general know-how we use to deliver work — remain ours, and we may continue to use them for other clients. Where our tools are embedded in a deliverable, we grant you a perpetual, worldwide, royalty-free license to use them as part of that deliverable.
- Third-party components are licensed under their respective open-source or commercial terms, which apply to your use of them.
- Portfolio reference. We may identify the existence of an engagement (your company name and a general description of the work) in our portfolio and marketing materials, unless a scope or non-disclosure agreement says otherwise.
The Axion Built name and marks, the Site, and the products listed on it are our property. You may not use them without our written consent except for fair-use references.
6. Acceptable use of the Site
You agree not to:
- Use the Site for any unlawful purpose or in violation of any law or regulation.
- Attempt to gain unauthorized access to any portion of the Site or its underlying systems.
- Reverse engineer, scrape, or interfere with the Site beyond ordinary browser use.
- Submit content through any form on the Site that is false, misleading, infringing, defamatory, or contains malware.
- Use the Site in a way that overloads or impairs its operation.
We may suspend access for violations of this section.
7. Confidentiality
In the course of an engagement, we may receive information about your business that is non-public. We will treat that information with the same care we use to protect our own confidential information, and we will not disclose it except to perform the engagement, to comply with legal obligations, or with your consent. This obligation continues for two (2) years after the engagement ends, except for trade secrets, which remain protected for as long as they qualify under Florida law.
8. No warranty
THE SITE AND ANY GENERAL INFORMATION ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. ANY WARRANTIES THAT APPLY TO PAID DELIVERABLES WILL BE STATED IN THE APPLICABLE WRITTEN SCOPE.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXION BUILT AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL — ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO AN ENGAGEMENT IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID AXION BUILT FOR THE SERVICES UNDER THE APPLICABLE SCOPE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. Where they do not, these limits apply to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Axion Built and its officers, members, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site in violation of these Terms; (b) your breach of an engagement scope; (c) any content you submit through the Site that infringes, misappropriates, or violates a third-party right; or (d) your violation of any applicable law.
11. Governing law
These Terms are governed by the laws of the State of Florida, U.S.A., without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
12. Dispute resolution — informal first, then arbitration
Please read this section carefully — it affects your legal rights.
12.1 Informal resolution
Before filing a formal claim, you agree to first contact us at support@axionbuilt.com and provide a written description of the dispute. The parties shall attempt in good faith to resolve any dispute within thirty (30) days of that notice.
12.2 Binding arbitration
If informal resolution does not succeed, any remaining dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Palm Beach County, Florida, or by video conference at the claimant's election. Arbitration will be conducted by a single arbitrator whose decision is final and binding; judgment may be entered in any court of competent jurisdiction.
12.3 Class waiver
Disputes must be brought on an individual basis only. You waive any right to participate in a class action, class arbitration, or collective proceeding.
12.4 Exceptions
Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court for intellectual-property infringement or misuse of confidential information.
12.5 Opt-out
You may opt out of this Section 12 within 30 days of first accepting these Terms by emailing support@axionbuilt.com with the subject line "ARBITRATION OPT-OUT" and your name and contact details. Opting out does not affect any other provision.
This Section 12 is governed by the Federal Arbitration Act.
13. Term and termination
These Terms apply for as long as you use the Site. You may stop using the Site at any time. We may suspend or terminate access if (a) you materially breach these Terms, (b) we are required to do so by law, or (c) your use creates risk or cost we cannot reasonably mitigate.
Termination of an engagement is governed by the applicable scope and by our Refund Policy.
Sections that by their nature should survive — including Sections 5, 7, 8, 9, 10, 11, and 12 — survive termination.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we will post the new version at this URL with an updated "Last updated" date. Material changes will be highlighted in the meta block at the top. Your continued use of the Site after a change takes effect constitutes acceptance.
15. Miscellaneous
- Entire agreement. These Terms, our Privacy Policy, our Refund Policy, and any applicable signed scope are the entire agreement between you and Axion Built regarding the Services.
- Severability. If any provision is held unenforceable, the remainder remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- No third-party beneficiaries. These Terms create no third-party beneficiary rights.
- Force majeure. Neither party is liable for delays or failures caused by events outside its reasonable control.
- Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
16. Contact
For questions about these Terms:
Axion Built LLC
Lantana, FL 33462
Email: support@axionbuilt.com
Phone: (561) 341-9592 · Monday–Friday, 9am–6pm ET