Terms of Service
Last Updated: November 14, 2025 These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”, “you”, or “your”) and Doug Silkstone trading as WithSeismic.com (“WithSeismic”, “we”, “us”, or “our”) governing your use of our software development, automation, and consulting services.1. Business Information
Business Name: WithSeismic.com Trading As: Doug Silkstone Registered Office: Prague - Hloubětín, Nademlejnská 600/1, 19800, Czech Republic Personal Identification Number (IČO): 10911243 Contact Email: hello@withseismic.com2. Agreement to Terms
By engaging our services, submitting a project inquiry, or making payment for our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services. These Terms apply to all services provided by WithSeismic, including but not limited to:- Custom software development
- Browser extensions and web applications
- Automation tools and workflows
- LLM and AI integration
- Internal tools and systems
- Consulting and advisory services
- MVP development and productization
3. Service Engagement
3.1 Discovery Process
All new engagements begin with a discovery consultation to determine project scope, technical requirements, and mutual fit. This consultation does not constitute a binding agreement to provide services.3.2 Project Proposals
Following discovery, we will provide a detailed project proposal outlining:- Scope of work and deliverables
- Timeline and milestones
- Pricing structure
- Payment terms
- Any specific conditions or requirements
3.3 Retainer Engagements
For ongoing monthly retainer engagements:- Services are billed on a monthly basis
- The first month’s payment is due before work commences
- Subsequent payments are due on the first day of each billing cycle
- Retainers are month-to-month unless otherwise specified in writing
- Either party may terminate with 30 days’ written notice
4. Pricing and Payment Terms
4.1 Rates
Our standard daily rate is 3,500 USD per month. Specific pricing will be outlined in your project proposal.4.2 Payment Schedule
- Initial Projects: 50% deposit required to commence work, with the remaining 50% due upon completion or as outlined in the project proposal
- Monthly Retainers: Payment due on the first day of each billing cycle
- Milestone-Based Projects: Payments due upon completion of agreed milestones as specified in the proposal
4.3 Payment Methods
Payment is accepted via bank transfer, credit card, or other mutually agreed methods. All prices are quoted in USD unless otherwise specified.4.4 Late Payments
Invoices not paid within 14 days of the due date will incur a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with overdue invoices.4.5 Taxes
All fees are exclusive of applicable taxes (VAT, sales tax, etc.). You are responsible for paying all taxes associated with your purchase, except for taxes based on our income. If you are located in the European Union and are VAT-registered, please provide your valid VAT number. If no VAT number is provided, we will charge applicable Czech VAT (currently 21%).4.6 Refund Policy
- Deposits: Non-refundable once work has commenced
- Monthly Retainers: No refunds for partial months; cancellation requires 30 days’ notice
- Completed Work: No refunds for delivered and accepted work
- Disputed Work: If work does not meet agreed specifications, we will remedy the issues at no additional cost
5. Intellectual Property Rights
5.1 Work Product Ownership
Upon full payment of all fees, you will own all custom code, designs, and materials created specifically for your project (“Work Product”), subject to the following:5.2 Pre-Existing Materials
We retain all rights to:- Pre-existing code, frameworks, libraries, and tools
- Methodologies, processes, and know-how
- Reusable components and templates
- Any materials not specifically created for your project
5.3 License to Pre-Existing Materials
You receive a perpetual, non-exclusive, worldwide license to use any pre-existing materials incorporated into your Work Product, solely in connection with the use of the Work Product.5.4 Third-Party Components
Work Product may include third-party open-source components subject to their respective licenses (MIT, Apache, GPL, etc.). You are responsible for complying with all third-party license terms.5.5 Portfolio and Marketing Rights
We reserve the right to:- Display the Work Product in our portfolio and case studies
- Reference you as a client in marketing materials
- Describe the general nature of our work for you
6. Client Responsibilities
6.1 Information and Access
You agree to provide:- Timely access to necessary systems, accounts, and resources
- Accurate and complete information required for the project
- Prompt feedback and approvals when requested
- Designated point of contact for project communications
6.2 Third-Party Services
You are responsible for:- Obtaining and maintaining all necessary third-party services (hosting, APIs, licenses)
- Costs associated with third-party services
- Compliance with third-party service terms
6.3 Content and Materials
You represent and warrant that any content, materials, or data you provide:- Do not infringe on third-party intellectual property rights
- Comply with all applicable laws and regulations
- Are accurate and complete
7. Project Changes and Scope
7.1 Change Requests
Changes to the agreed scope of work must be submitted in writing. We will provide a revised timeline and cost estimate for approval before proceeding with changes.7.2 Timeline Impact
Project timelines are estimates based on the agreed scope and your timely cooperation. Delays caused by change requests, late feedback, or unavailable resources may extend timelines accordingly.8. Warranties and Disclaimers
8.1 Professional Standards
We warrant that:- Services will be performed in a professional and workmanlike manner
- Work Product will substantially conform to agreed specifications
- We have the right to enter into this agreement and provide the services
8.2 Warranty Period
For custom development projects, we provide a 30-day warranty period from delivery to address bugs or defects in the Work Product at no additional cost. This does not cover:- Issues caused by modifications you or third parties make
- Problems arising from third-party services or components
- Feature requests or scope changes
- Environmental issues (hosting, infrastructure, etc.)
8.3 Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 8.1, ALL SERVICES AND WORK PRODUCT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT:- Services will be uninterrupted or error-free
- All errors or defects will be corrected
- Services will meet your specific requirements
- Results from using our services will be accurate or reliable
9. Limitation of Liability
9.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.9.2 Exclusion of Consequential Damages
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.9.3 Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.10. Confidentiality
10.1 Confidential Information
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the engagement (“Confidential Information”), except:- Information that is publicly available through no breach of this agreement
- Information independently developed without use of Confidential Information
- Information rightfully obtained from third parties without confidentiality restrictions
- Information required to be disclosed by law or court order
10.2 Security Measures
We implement reasonable technical and organizational measures to protect your Confidential Information. However, no method of transmission or storage is 100% secure.10.3 Data Protection
For information about how we collect, use, and protect your personal data, please refer to our Privacy Policy.11. Term and Termination
11.1 Term
These Terms begin when you first engage our services and continue until terminated by either party.11.2 Termination for Convenience
Either party may terminate the engagement:- Fixed-Price Projects: With 14 days’ written notice; you remain responsible for payment for work completed through the termination date
- Monthly Retainers: With 30 days’ written notice; payment obligations continue through the notice period
11.3 Termination for Cause
Either party may terminate immediately if the other party:- Materially breaches these Terms and fails to cure within 14 days of written notice
- Becomes insolvent, files for bankruptcy, or ceases business operations
- Engages in illegal activities related to the services
11.4 Effect of Termination
Upon termination:- You must pay all outstanding fees for work completed
- We will deliver all completed Work Product upon receipt of full payment
- Sections 5 (Intellectual Property), 8 (Warranties), 9 (Limitation of Liability), 10 (Confidentiality), and 12 (Governing Law) survive termination
11.5 Work Product Upon Termination
For work in progress at termination:- We will provide all completed deliverables upon payment
- You receive a license to use partially completed work on an “as-is” basis
- You pay for work completed on a pro-rata basis according to agreed milestones
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions.12.2 Jurisdiction
Any disputes arising from these Terms or the services shall be subject to the exclusive jurisdiction of the courts of Prague, Czech Republic.12.3 Dispute Resolution Process
Before initiating formal legal proceedings, the parties agree to:- Attempt to resolve disputes through good-faith negotiation
- If negotiation fails, consider mediation by a mutually agreed mediator
- Only pursue litigation if mediation is unsuccessful or declined
12.4 European Union Online Dispute Resolution
In accordance with EU regulations, consumers can access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/13. General Provisions
13.1 Independent Contractor
We are an independent contractor, not an employee, partner, or agent. Nothing in these Terms creates an employment, partnership, or agency relationship.13.2 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any successor or affiliate without notice.13.3 Force Majeure
Neither party shall be liable for failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/utility failures.13.4 Entire Agreement
These Terms, together with any signed project proposals or statements of work, constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations.13.5 Amendments
We may update these Terms from time to time. Changes will be posted on this page with an updated “Last Updated” date. For ongoing engagements, changes take effect 30 days after posting. Continued use of services after changes constitutes acceptance. Material changes affecting existing projects will be communicated directly via email.13.6 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.13.7 Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of that term or any other term.13.8 Notices
All notices must be in writing and sent to: For WithSeismic: Doug Silkstone Prague - Hloubětín, Nademlejnská 600/1, 19800, Czech Republic Email: hello@withseismic.com For Client: To the email address or mailing address provided in the project proposal Notices are deemed received when delivered via email or 5 business days after mailing.14. Specific Service Terms
14.1 Browser Extensions and Chrome Web Store
For browser extensions:- You are responsible for maintaining developer accounts
- You must comply with browser vendor policies (Chrome Web Store, Firefox Add-ons, etc.)
- We are not responsible for rejection or removal by browser vendors
- You are responsible for any ongoing compliance or policy updates after delivery
14.2 API Integrations and Third-Party Services
For projects involving third-party APIs:- You are responsible for obtaining and maintaining API access
- We are not responsible for third-party API changes, deprecations, or outages
- Additional fees may apply if significant API changes require code modifications
14.3 Automation and Scraping Tools
For automation and web scraping projects:- You warrant that your use complies with all applicable laws and website terms of service
- We do not guarantee performance if websites change their structure or implement blocking measures
- You are responsible for respecting robots.txt, rate limits, and terms of service
14.4 AI and LLM Integrations
For AI and LLM integration projects:- You are responsible for API costs and usage limits with AI providers
- We cannot guarantee specific AI output quality or accuracy
- You are responsible for compliance with AI service provider terms
14.5 Hosting and Deployment
Unless explicitly included in the project scope:- You are responsible for obtaining and maintaining hosting services
- You are responsible for ongoing server costs and infrastructure
- We can provide deployment assistance but are not responsible for ongoing server maintenance
15. Acceptance of Terms
By engaging our services, you acknowledge that:- You have read and understood these Terms
- You agree to be bound by these Terms
- You have the authority to enter into this agreement on behalf of your organization (if applicable)
16. Questions and Contact
For questions about these Terms or our services, contact: Email: hello@withseismic.com Business Name: Doug Silkstone trading as WithSeismic.com Address: Prague - Hloubětín, Nademlejnská 600/1, 19800, Czech Republic IČO: 10911243WithSeismic Operated by Doug Silkstone Last Updated: November 14, 2025