đź“ś McNally Software Terms of Service

Effective Date: 09/14/2025

These Terms of Service (“Terms”) constitute a legally binding agreement between McNally Software, LLC (“McNally Software,” “we,” “us,” or “our”) and any entity or individual accessing or using our services (“Client” or “you”).

By engaging McNally Software, you acknowledge that you have read, understood, and agree to be bound by these Terms.

  1. Scope of Services

McNally Software provides consulting, custom software development, e-commerce solutions, rapid prototyping, Dojo coaching, process optimization, and related technology services. Specific deliverables are defined in project agreements, statements of work (“SOWs”), or invoices.

  1. Fees and Payment
  • Fees are due as specified in the SOW or invoice. Unless otherwise stated, invoices are payable net 15 days.
  • Deposits are non-refundable once work commences.
  • Late payments may accrue interest at the maximum rate permitted by law.
  • Failure to remit payment may result in suspension of services and recovery of collection costs, including attorneys’ fees.
  1. Client Obligations

The Client shall:

  • Provide timely access to information, personnel, systems, and approvals required for service delivery.
  • Warrant that all information provided is accurate and lawful to share.
  • Ensure that engagement does not violate any third-party rights or obligations.
  1. Intellectual Property
  • All pre-existing intellectual property owned by either party shall remain with that party.
  • Upon full payment, Client shall receive ownership of bespoke deliverables, excluding pre-existing code, libraries, frameworks, or third-party software used in development, which remain subject to their respective licenses.
  • McNally Software retains a perpetual, non-exclusive right to reference non-confidential deliverables in portfolios, case studies, or marketing.
  1. Confidentiality

Both parties agree to maintain in strict confidence all non-public, proprietary, or sensitive information received in connection with services, and to use such information solely for the purposes of fulfilling the contract.

  1. Warranties and Disclaimers
  • McNally Software warrants that it shall provide services in a professional and workmanlike manner consistent with industry standards.
  • No warranty is made regarding uninterrupted or error-free operation of software solutions, third-party integrations, or outcomes beyond McNally Software’s control.
  • Except as expressly stated herein, all services are provided “AS IS” and disclaim all other warranties, express or implied.
  1. Limitation of Liability

To the fullest extent permitted by law:

  • McNally Software shall not be liable for indirect, incidental, consequential, or punitive damages.
  • McNally Software’s aggregate liability shall not exceed the total fees paid by Client for the three (3) months preceding the claim.
  1. Indemnification

Client shall indemnify, defend, and hold harmless McNally Software against all claims, damages, liabilities, and expenses arising from:

  • Client’s misuse of deliverables;
  • Infringement of third-party rights based on Client data, content, or instructions;
  • Client’s breach of these Terms.
  1. Termination

Either party may terminate an engagement for material breach upon written notice and a thirty (30) day cure period. All fees accrued prior to termination remain payable.

  1. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of New Hampshire, USA. Disputes shall be resolved exclusively in the state or federal courts located in New Hampshire.

  1. Severability

If any provision of these Terms is held invalid, the remaining provisions shall remain in full force and effect.

  1. Entire Agreement

These Terms, together with any SOWs, invoices, or executed agreements, constitute the entire understanding between the parties.

  1. Contact Information

McNally Software, LLC
📧 info@mcnallysoftware.com
đź“ž 1 (603) 918-3678