These Terms of Service ("Terms") govern your engagement with DamWorks LLC ("DamWorks," "we," "us," or "our") for custom business application development services. By engaging DamWorks — whether through a signed proposal, written acceptance of a scope, or initial payment — you agree to these Terms.
DamWorks builds custom business management applications for small businesses, built on platforms the client already uses (typically the Google Workspace or Microsoft 365 ecosystems). Each engagement is structured as a one-time setup project with a fixed, scope-based fee — not a subscription.
Services may include:
The exact deliverables, timeline, and fee for each engagement are documented in a written scope or proposal, which is incorporated into these Terms by reference. If anything in the scope conflicts with these Terms, the scope controls for that engagement.
DamWorks charges a one-time, scope-based fee for each engagement. Unless the proposal states otherwise:
Invoices are payable within the terms stated on the invoice. Work may be paused if an invoice is overdue. Any expenses for third-party services that are explicitly the client's responsibility (e.g., the client's own Google Workspace or Microsoft 365 subscription) are not included in the DamWorks fee.
The upfront payment secures the client's place in the build queue and covers the early phase of the engagement, including discovery, scoping, and initial configuration work. The upfront payment is non-refundable once work has commenced. "Work has commenced" means DamWorks has begun any chargeable activity on the engagement — for example, scheduling or conducting a discovery call, drafting the scope document, or starting configuration. If the client cancels before any such work has begun, the upfront payment is refundable. If the client cancels after work has begun, DamWorks will retain the upfront payment as compensation for work performed and time held for the engagement, and the client owes no further amount unless additional work beyond the deposit has already been performed.
DamWorks delivers a configured instance of an application that is operated within the client's own Google or Microsoft environment, on the client's own accounts.
Put plainly: the client owns their app and their data; DamWorks owns the toolkit it was built with.
The client is responsible for:
DamWorks applications run on third-party platforms — primarily Google (Workspace, Apps Script, Drive, Sheets) and Microsoft (365, SharePoint, Azure AD). These platforms are operated entirely by their respective providers.
DamWorks does not control and does not guarantee the availability, uptime, performance, security, or continued existence of any third-party platform, API, or service. Outages, deprecations, policy changes, pricing changes, or feature removals by Google, Microsoft, or any other third party are outside our control, and DamWorks is not responsible for resulting downtime or loss of service.
DamWorks delivers services in a professional manner consistent with industry standards. Beyond that, the application and any deliverables are provided "as is", without warranties of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. DamWorks does not warrant that the application will be uninterrupted, error-free, or meet every future need of the client's business.
No guarantee of business results. DamWorks provides software, not business outcomes. We do not guarantee or warrant any particular result from using a DamWorks application — including but not limited to increased revenue, profit, productivity, efficiency, time savings, customer growth, cost reduction, or any other business metric. Outcomes depend on many factors outside of our control, including how the client uses the application, the client's market and operations, and the client's own decisions. Any forecasts, illustrative numbers, or example metrics shown in proposals, demos, or on our website are illustrative only and are not promises or guarantees of performance.
To the maximum extent permitted by law, DamWorks's total cumulative liability arising out of or related to an engagement — whether in contract, tort, or otherwise — shall not exceed the total fees actually paid by the client to DamWorks for that engagement.
In no event shall DamWorks be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost revenue, lost data, business interruption, or cost of substitute services, even if DamWorks has been advised of the possibility of such damages.
Each party agrees to treat as confidential any non-public business or technical information disclosed by the other in the course of an engagement, and to use it only as necessary to perform under or benefit from the engagement. This obligation continues after the engagement ends.
If a dispute arises out of or relates to an engagement, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate negotiations by sending written notice describing the dispute. The parties will then make a reasonable effort, for a period of at least 30 days, to resolve the matter directly before pursuing any other remedy.
If the dispute remains unresolved after good-faith negotiation, either party may pursue available legal remedies in accordance with Section 10.
These Terms and any engagement under them are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws principles. The parties agree that the state and federal courts located in New Jersey shall be the exclusive venue for any legal action not resolved through negotiation.
Either party may terminate an engagement in writing if the other party materially breaches these Terms and does not cure the breach within a reasonable period after written notice. On termination, the client will pay for all work performed up to the termination date, and DamWorks will deliver work product in its then-current state.
We may update these Terms from time to time. The "Effective" date at the top of this page reflects the most recent version. Material changes to ongoing engagements will be communicated directly and, where applicable, require written agreement.
Questions about these Terms, or notice under them, can be sent to: