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Terms of Service

The Terms and Conditions were last updated on August 29, 2025.

Policy Details

Effective date: August 15, 2025
Who we are: FOP Cat LLC (“FOP Cat,” “we,” “us,” “our”) provides software development and adjacent consulting services.
Contact: support@devdev.fi • Project/SOW questions: your FOP Cat project lead.

By accessing our website, signing an order form or statement of work (“SOW”), sending us a purchase order, or asking us to begin work, you’re agreeing to these Terms.

If these Terms conflict with a signed SOW, the SOW controls for that project.

Introduction

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

1. Scope of Services

We design, develop, integrate, and support software and software‑adjacent solutions as an independent contractor. We may use employees and vetted subcontractors/independent contractors to deliver services; we remain responsible for our team’s work quality.

2. Estimates, Schedules, and Change Orders

  • Estimates are just that—estimates. Timelines and level of effort are educated guesses based on what we know at the time.

  • Contract terms don’t guarantee completion of every conceivable deliverable; scope is limited to what’s explicitly described.

  • When needs change or estimates prove low/high, we’ll propose a Change Order (and, if needed, extend the contract term). We won’t proceed with out‑of‑scope work without your written okay.

3. Billing, Utilization & Payments

  • Utilization commitment. Each SOW states a “utilization rate” (e.g., 80%). With a 40‑hour/week SOW at 80%, you agree to a 32‑hour/week minimum bill at the contracted rate, regardless of whether you actually use those hours.

  • Invoicing & due date. Invoices are due upon receipt unless your SOW says otherwise.

  • Late accounts. After 7 days, the account is past due and late fees apply (see below). After 14 days, we pause all work. After 30 days, we may terminate the contract for nonpayment and assess late fees.

  • Late fees. As specified in your SOW; at a minimum 10% of the billed period (or the maximum lawful amount, if lower). We may also charge reasonable collection costs and statutory interest where permitted.

  • No refunds for services rendered.

  • Payment methods & currency. We accept only the methods expressly agreed in your SOW or invoice. No partial payments, crypto, or unagreed currencies.

  • Taxes & forms. You’re responsible for any tax reporting tied to your payments to FOP Cat (e.g., Forms 1099, VAT reverse‑charge notices) as applicable by law. You are not responsible for benefits for our personnel.

4. After‑Hours & Holidays

We do not take after‑hours/holiday calls or work unless your SOW explicitly includes it (with the stated premium rates).

5. Onboarding & Client Responsibilities

  • You control access. You’ll grant our team timely access to systems, environments, content, and stakeholders and provide project‑specific context/training.

  • Billability during access delays. Our time remains billable against the utilization commitment even if access is delayed; it’s in your interest to expedite onboarding.

  • Passwords. We don’t manage client passwords as a service. In rare cases when we create accounts on your behalf, we’ll hand over credentials and you agree to change them immediately.

6. Quality, Bug Fixes & Support

  • Software and humans aren’t bug‑free. We stand behind our work to a reasonable point and will “do right” by customers.

  • Unless stated in your SOW, we’re not obligated to repair bugs outside the contracted scope/term; we handle fixes case by case.

  • As a rule of thumb, if a fix exceeds one (1) engineer hour, we’ll require a Change Order or new SOW.

7. Security & Incident Notices

We take security seriously and follow contemporary industry practices (secure configs, least‑privilege, encryption in transit, etc.). If we learn of a breach that impacts you, we’ll send timely factual updates required by law. We do not issue public apologies or admissions of fault; notice communications are informational, not admissions.  
  • Contact: mailto:support@devdev.fi
  • Contact: https://devdev.fi/contact
  • Encryption: https://devdev.fi/pgp-key.txt
  • Preferred-Languages: en
  • Canonical: https://devdev.fi/.well-known/security.txt
  • Policy: https://devdev.fi/legal
  • Hiring: https://devdev.fi/careers
See https://devdev.fi/.well-known/security.txt for more details about our security.

8. Privacy

Our Privacy Policy explains how we handle personal data (including analytics).

9. Insurance (E&O / Professional Liability)

We maintain Errors & Omissions (professional liability) insurance typical for software consultancies. It generally addresses: negligence, errors or omissions, alleged misrepresentation, and alleged violations of good faith/fair dealing—subject to our policy’s terms and limits. Evidence of coverage available upon request.

10. Personnel, Contractors & Background Checks

  • We’re responsible for our own personnel records (e.g., ID verification, employment/contractor agreements, W‑2/1099 administration) but we do not share these with clients.

  • We do not provide company benefits to 1099 contractors.

  • Many contractors we engage operate through their own LLCs and invoice us accordingly.

  • If you require specific background checks/drug screens for onboarding to your environment, we can coordinate them, at your cost (unless otherwise agreed in writing).

11. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

12. Term; Suspension; Termination

  • These Terms start when you first use our services and last until terminated.

  • Either party may terminate by written email notice to all parties listed on the SOW.

  • We may suspend or terminate for nonpayment (see §3) or material breach.

  • On termination: (i) you pay for all work performed and committed costs through the effective termination date; (ii) we stop work; and (iii) we provide any in‑progress materials we’re obligated to provide under the SOW.

13. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

14. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

15. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

16. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us. We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

17. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website. Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

18. Ideas, Confidentiality, NDAs & Non‑Disparagement

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

  • We’ll treat your non‑public information as confidential and use it only to deliver the services. You’ll do the same with our non‑public information.

  • If a standalone NDA is required, it will be separate from this MSA and, once signed, will govern confidentiality for the covered information.

  • Non‑disparagement. We agree not to publicly disparage clients or disclose trade secrets. You agree not to publicly disparage FOP Cat or our team. This does not restrict truthful statements required by law.

19. Intellectual Property

  • Your materials (data, trademarks, content) remain yours. You grant us a license to use them only to deliver the services.

  • Deliverables become your property upon full payment of all amounts then due under the SOW.

  • Our pre‑existing IP, tools, libraries, and know‑how (and anything not expressly assigned) remain ours; we grant you a perpetual, non‑exclusive license to use them as embedded in the deliverables.

  • Deliverables may include open‑source or third‑party components governed by their own licenses; you agree to comply with those licenses.

20. Publicity; Case Studies & Testimonials

Unless prohibited by an NDA or law, you grant FOP Cat a revocable, non‑exclusive, worldwide, royalty‑free license to use your name, logo, and non‑confidential project descriptions (and any testimonials you provide) in case studies, portfolios, proposals, and marketing to show our expertise. You may opt out prospectively at any time by emailing privacy@devdev.fi; we’ll remove future uses after reasonable lead time.

21. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

22. Warranties; liability; Release; Indemnities

Except as stated in a signed SOW, the services and deliverables are provided “AS IS” without warranties of merchantability, fitness for a particular purpose, or non‑infringement. We do not guarantee uninterrupted or error‑free operation. Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
  • this website or our products or services will meet your requirements;
  • this website will be available on an uninterrupted, timely, secure, or error-free basis;
  • the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website. Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

  • Release/waiver. To the maximum extent permitted by law, you release and waive FOP Cat from any and all liability arising out of or relating to the services, except for liability that cannot be disclaimed under applicable law.

  • Limitation of liability. In any event, our total aggregate liability under a SOW is limited to the fees you paid to FOP Cat for the 6 months preceding the event giving rise to the claim. We’re not liable for indirect, special, incidental, consequential, or punitive damages, lost profits/revenue, loss of data, or business interruption.

  • Your indemnity to us. You’ll indemnify and defend FOP Cat against third‑party claims arising from (i) your content, systems, or instructions, (ii) your misuse of deliverables, or (iii) your breach of these Terms or law.

  • Our indemnity to you. We’ll indemnify and defend you from third‑party claims that a FOP Cat‑created deliverable, as provided by us and paid for by you, infringes a U.S. patent, copyright, or trademark, provided you notify us promptly and allow us to control the defense. Our obligations don’t apply to combinations we didn’t provide, modifications not made by us, or uses outside the SOW.

23. Conflicts of Interest

If we identify a conflict of interest between your project and another client, we’ll notify all affected clients immediately, work transparently, and offer to renegotiate or terminate the conflicted engagement if necessary.

24. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date. We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services. We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

25. Export restrictions; Legal compliance; Acceptable Use

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United States. You’ll use the deliverables lawfully. If the work involves regulated data or export‑controlled technology, you’ll notify us in advance and provide necessary instructions and authorizations.

26. Assignment & Transfers

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

  • You may not assign a contract with us without our written consent (not to be unreasonably withheld).

  • We may assign or novate agreements to our affiliates or successor entities under common ownership (for example, if FOP Cat LLC reorganizes or relocates outside the U.S.). We will not sell your work contract or subcontract agreements to unrelated third parties. We may use subcontractors to deliver services, and we remain responsible for their work.

27. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

28. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

29. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims

30. Severability; Waiver; Entire Agreement; Changes

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

  • If any part of these Terms is held unenforceable, the rest stays in effect.

  • Failure to enforce a provision isn’t a waiver.

  • These Terms plus your SOW(s) are the entire agreement on their subject matter.

  • We may update these Terms from time to time. Material changes will be posted with a new effective date. Using the services after changes means you accept the updated Terms

31. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

32. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Drew Karriker in relation to your use of this website.

33. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

34. Choice of Law; Jurisdiction; Disputes; Arbitration; Class Waiver

These Terms and Conditions shall be governed by the laws of United States. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United States. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

  • Binding arbitration. Any dispute arising out of or relating to these Terms or a SOW will be resolved by confidential, binding arbitration conducted in English under the AAA Commercial Arbitration Rules (or JAMS equivalent if AAA is unavailable).

  • Location. The hearing will occur by video conference or in a location chosen by FOP Cat, at our discretion.

  • Class‑action waiver. Disputes will be handled individually; no class or representative actions.

  • Injunctive relief. Either party may seek temporary or injunctive relief in court to protect IP or confidentiality while arbitration proceeds.

  • Governing law. The law of Deleware, USA, without regard to conflicts rules, governs these Terms. If you serve primarily outside the U.S., your SOW may specify a different governing law/venue.

35. Non‑Solicitation

For the term of the SOW and 12 months after, you won’t directly hire or contract with any FOP Cat employee or dedicated contractor who worked on your project without our written consent. (Fair‑market placement fees may apply if you request to convert someone.)

36. Notices & Support

Formal notices (including termination) must be in writing by email and sent to all parties listed on the SOW (and support@devdev.fi).
General issues or concerns: support@devdev.fi or the contact form at https://devdev.fi/contact-us.

37. Contact information

This website is owned and operated by FOP Cat LLC. You may contact us regarding these Terms and Conditions by writing or emailing us at the following address: support@devdev.fi 500 Westover Drive, 35460 Sanford, NC 27330