Last updated: March 2025
Terms of Service
These Terms govern your use of the BrightMarbles website and the services we provide. Please read them carefully before engaging with us.
1. Acceptance of Terms
By accessing or using the BrightMarbles website (brightmarbles.io) or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use our website or services. These Terms apply to all visitors, prospective clients, and clients who engage BrightMarbles d.o.o. ("BrightMarbles", "we", "us") for software engineering or related services.
2. Services Provided
BrightMarbles provides technology services including but not limited to: — Custom software design and development — Product strategy and UX/UI design — Staff augmentation and dedicated engineering teams — Managed development services — Technology consulting and architecture review The specific scope, deliverables, timeline, and commercial terms for any engagement are defined in a separate Statement of Work (SOW) or Master Service Agreement (MSA) signed between BrightMarbles and the client.
3. Intellectual Property
Work product — Upon full payment of all fees, BrightMarbles assigns to the client all intellectual property rights in the custom deliverables created specifically for that client under the applicable SOW, unless otherwise agreed in writing. Pre-existing IP — BrightMarbles retains ownership of all methodologies, tools, frameworks, libraries, and know-how developed independently or prior to the engagement ("BrightMarbles IP"). Where pre-existing IP is incorporated into client deliverables, BrightMarbles grants the client a non-exclusive, perpetual licence to use such IP solely in connection with the deliverables. Website content — All content on this website, including text, graphics, logos, and code, is the property of BrightMarbles or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce or distribute any part without written permission.
4. Client Responsibilities
Clients engaging BrightMarbles for services agree to: — Provide timely access to required information, systems, and stakeholders — Review and provide feedback on deliverables within agreed timelines — Ensure that any third-party materials, data, or content provided to BrightMarbles do not infringe third-party rights — Keep confidential information received from BrightMarbles confidential — Pay invoices in accordance with agreed payment schedules
5. Payment Terms
Unless otherwise specified in a signed agreement, the following default terms apply: — Invoices are issued monthly in arrears or at milestones as agreed — Payment is due within 30 days of the invoice date — Late payments may accrue interest at the rate permitted by applicable law — BrightMarbles reserves the right to suspend services if invoices remain unpaid beyond 60 days — All fees are exclusive of applicable taxes (VAT), which will be added where required by law
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement and not to disclose such information to third parties without prior written consent, except as required by law. This obligation survives the termination of any engagement for a period of 3 years.
7. Warranties and Disclaimers
BrightMarbles warrants that services will be performed by qualified professionals with reasonable skill and care in accordance with industry standards. The website and any information provided on it are offered "as is" without warranty of any kind. BrightMarbles does not warrant that the website will be uninterrupted, error-free, or free of viruses. We do not guarantee specific business outcomes or results from the use of our services beyond those explicitly stated in a signed engagement agreement.
8. Limitation of Liability
To the fullest extent permitted by applicable law, BrightMarbles's total liability for any claims arising out of or related to these Terms or any engagement shall not exceed the total fees paid by you to BrightMarbles in the 3 months preceding the claim. BrightMarbles shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.
9. Termination
Either party may terminate a service engagement by providing written notice as specified in the applicable SOW or MSA. Upon termination: — The client shall pay for all work completed up to the termination date — BrightMarbles shall deliver all completed work product paid for — Both parties shall return or destroy confidential information upon request — Sections on IP ownership, confidentiality, payment, and limitation of liability survive termination
10. Governing Law and Disputes
These Terms and any disputes arising from them are governed by the laws of the Republic of Serbia, without regard to its conflict of law principles. Any dispute that cannot be resolved amicably within 30 days shall be submitted to the competent court in Novi Sad, Serbia, unless otherwise agreed in a specific engagement agreement.
11. Changes to These Terms
BrightMarbles may update these Terms at any time by posting the revised version on this page with an updated date. Continued use of our website after changes are posted constitutes acceptance of the revised Terms.
12. Contact
For questions about these Terms of Service or any legal enquiries, please contact us: BrightMarbles d.o.o. Email: legal@brightmarbles.io Website: brightmarbles.mk