Terms of Service

These terms apply to the custom software development and IT consulting services offered by Jose D. Fernandez (“I”, “me”) through pinkymotinioso.com. By requesting a quote or paying an invoice you agree to them.

1. Services and quotes

Every engagement is described in a written quote or proposal that states the scope, deliverables, price or hourly rate, payment schedule and estimated timeline. If a quote and these terms conflict, the quote wins. Work outside the written scope is quoted separately before it starts.

2. Pricing and payment

• All prices are in US dollars (USD).
• Fixed-price projects are invoiced by the milestones in the quote. Hourly work is invoiced for time actually worked, at the rate in the quote.
• Invoices are due within the period stated on the invoice.
• Online card payments are processed by Stripe. I never see or store your full card details.
• Any applicable taxes are added as required by law.

3. Your responsibilities

You agree to provide the access, sample data, feedback and decisions the project needs in a timely way, and you confirm you have the right to share any data or systems you give me access to. Delays in these items can move the timeline.

4. Ownership of the work

Once the related invoices are paid in full, you own the custom code and deliverables written specifically for your project. I keep ownership of my pre-existing tools, libraries and general know-how, and grant you a permanent license to use any of them that are included in your deliverables. Third-party software and services stay under their own licenses.

5. Confidentiality

I keep your business information, data and credentials confidential, use them only to perform the work, and do not name you as a client without your permission.

6. Cancellation and refunds

See the Refund & Cancellation Policy.

7. Warranty and liability

I deliver the work with reasonable skill and care and will fix defects in delivered work that you report within 30 days of delivery at no charge. Apart from that, the work is provided “as is”. To the extent the law allows, my total liability for any claim is limited to the amount you paid for the specific work the claim relates to, and I am not liable for indirect or consequential losses such as lost profits or lost data. Keep your own backups.

8. Third-party services

Projects may rely on third-party services (hosting, databases, payment processors, AI providers and others). Their availability, pricing and terms are set by those providers.

9. Governing law

These terms are governed by the laws of the Commonwealth of Puerto Rico.

10. Changes and contact

I may update these terms; the date at the top shows the latest version. Questions: josedfernandez@gmail.com or the contact form.