Terms & Conditions
These Terms govern your use of the Above Bits website and any payment you make through it. Our actual engagements — the software we design, build, and operate for clients — are governed by separate signed agreements, not by this page.
1 Who We Are & What This Covers
This website is operated by Above Bits LLC ("Above Bits," "we," "us," or "our"), a company registered in North Carolina, USA. In these Terms & Conditions ("Terms"), "you" means anyone who accesses or uses this website (the "Site") or submits a payment through it.
By using the Site, you agree to these Terms. If you don't agree, please don't use the Site.
2 The Site Is Informational — Not an Offer
Everything on this Site — descriptions of our services, case studies, capabilities, figures, and any other content — is provided for general information only. It is not an offer, a quote, a proposal, or a binding commitment, and it is not a warranty or guarantee of any specific result, outcome, timeline, price, or level of performance.
No engagement, contract, or obligation is created by your use of the Site. A binding relationship between you and Above Bits exists only when both parties sign a separate written agreement (for example, a master services agreement, statement of work, or order form).
3 Engagements Are Governed by Separate Agreements
Our client work is defined entirely by the written agreement we sign for that engagement. Those agreements — not these Terms — control the scope, deliverables, pricing, timelines, intellectual property ownership, confidentiality, warranties, support, and acceptance for the work we perform.
If anything in these Terms appears to conflict with a signed engagement agreement between you and Above Bits, the signed agreement controls for that engagement.
4 Permitted Use of the Site
You may use the Site for lawful, legitimate purposes. You agree not to:
- access or use the Site in any way that violates applicable law or regulation;
- attempt to gain unauthorized access to the Site, its servers, or any connected systems or networks;
- interfere with or disrupt the Site, including through malware, denial-of-service activity, or excessive automated requests;
- scrape, harvest, or collect data from the Site except as permitted by us in writing;
- use the Site to transmit unlawful, infringing, defamatory, or harmful content.
We may suspend or restrict access to the Site, in whole or in part, at any time and without notice, where we reasonably believe it is necessary to protect the Site, our clients, or other users.
5 Payments Through the Site
We accept payments through a secure form on our payment page (abovebits.com/payment), processed by our third-party payment provider, Stripe. By submitting a payment, you also agree to Stripe's applicable terms and authorize the charge described at the time of payment.
- What you're paying for. Amounts payable are determined by the invoice, statement of work, or engagement agreement that applies to you. The payment form is a method of payment — it is not, by itself, a contract for services.
- Card data. Payment card details are collected and processed by Stripe. Above Bits does not store full payment card numbers on its own systems.
- Currency & taxes. Unless stated otherwise, amounts are in U.S. dollars and exclude any applicable taxes, which are your responsibility where required by law.
- Failed or disputed payments. If a payment fails, is reversed, or is charged back, we may pause related work and pursue amounts owed under the applicable agreement.
- Refunds. Refunds, credits, and cancellation terms are governed by the applicable invoice or engagement agreement — not by this page. The Site does not offer self-service refunds.
6 Intellectual Property in the Site
The Site and its content — including text, layout, graphics, logos, and the "Above Bits" name and marks — are owned by Above Bits or its licensors and are protected by intellectual property laws. You may view and use the Site for its intended purpose, but you may not copy, reproduce, republish, or create derivative works from it without our prior written permission.
This section concerns the website only. Ownership of code, designs, and other deliverables we produce for clients is governed by the relevant engagement agreement, as noted in Section 3.
Reporting infringement. If you believe content on this Site infringes your intellectual property rights, please notify us at service@abovebits.com with enough detail to identify the material, and we will investigate. For background, see the U.S. Copyright Office and the U.S. Patent and Trademark Office.
7 Third-Party Links & Services
The Site may link to or rely on third-party websites and services — for example, Stripe, which processes payments. We don't control those third parties and aren't responsible for their content, practices, or terms. Your use of any third-party service is subject to that party's own terms and privacy policies.
Our own products. We also operate Civic Kernel (civickernel.com), a product we design and develop. It is not a third party — but because it lives on a separate domain, your use of it may be governed by its own terms and privacy policy presented there.
8 Privacy
Our handling of personal information submitted through the Site — including contact forms and payments — is described in our Privacy Policy.
9 Disclaimers
The Site is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties of any kind regarding the Site, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, or secure, or that any information on it is complete, current, or accurate. This Section does not limit any warranties we expressly give in a signed engagement agreement.
10 Limitation of Liability
To the fullest extent permitted by law, Above Bits and its owners, officers, and personnel will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site — even if we have been advised of the possibility of such damages.
Nothing in these Terms limits liability that cannot be limited under applicable law. Liability arising from a signed engagement agreement is governed by that agreement.
11 Indemnification
You agree to indemnify, defend, and hold Above Bits harmless from any claims, losses, or expenses (including reasonable legal fees) arising from your misuse of the Site or your violation of these Terms or of applicable law.
12 Changes to These Terms
We may update these Terms from time to time. When we do, we'll revise the "Last updated" date above. Changes apply going forward from the date they're posted. Your continued use of the Site after a change means you accept the updated Terms.
13 Governing Law & Disputes
These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws rules. You agree that any dispute arising from these Terms or your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts located in North Carolina, and you consent to venue there.
14 General
If any provision of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with any policies referenced here, are the entire agreement between you and Above Bits regarding your use of the Site — and do not replace any signed engagement agreement.
15 Contact
Questions about these Terms? Reach us at: