ToS
Last updated: November 10, 2025
Welcome to Above Capital ("we," "our," or "us"). By accessing or using our website, services, or engaging with our development team, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our services.
1. Acceptance of Terms
By using our services, you confirm that you are at least 18 years old and have the authority to enter into this agreement. If you do not agree to these Terms, please do not use our services.
2. Services Provided
Above Capital provides software development, consulting, and related services, including the design, development, and deployment of software and SaaS applications.
The specific details of each project or engagement will be defined in a separate written agreement or proposal.
3. Client Responsibilities
Clients agree to:
- Provide accurate information necessary for project execution
- Cooperate with our team and respond to requests in a timely manner
- Ensure that any materials provided do not infringe on the rights of third parties
4. Payments and Fees
All fees and payment terms will be outlined in the individual project agreement. Late payments may result in delays or suspension of services.
All amounts are quoted in U.S. dollars unless otherwise stated.
5. Intellectual Property
Unless otherwise agreed in writing:
- Clients retain ownership of all intellectual property (IP) created specifically for them under paid engagements.
- Above Capital retains ownership of any pre-existing tools, frameworks, or code used in the development process.
6. Confidentiality
Both parties agree to maintain the confidentiality of proprietary or sensitive information shared during the course of any engagement. This obligation continues after the completion of services.
7. Warranties and Disclaimers
Our services are provided "as is" and "as available."
We make no warranties, express or implied, regarding the performance, reliability, or fitness for a particular purpose of any deliverables, except as explicitly stated in a project agreement.
8. Limitation of Liability
To the fullest extent permitted by law, Above Capital shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, arising from the use or inability to use our services.
9. Termination
Either party may terminate an engagement with written notice if the other party breaches these Terms or the specific project agreement. Upon termination, all outstanding fees for completed work remain payable.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
11. Changes to Terms
We may update these Terms from time to time. The revised version will be posted on our website with an updated effective date. Continued use of our services after such updates constitutes acceptance of the new Terms.
12. Contact Information
For questions or concerns regarding these Terms, please contact:
Above Capital
Email: contact@above.capital