Terms and Conditions

1. GENERAL PROVISIONS

These Terms and Conditions (hereinafter – "Terms") constitute a legally binding agreement between MALIBUREAU (hereinafter – "We", "Us", "Our", or the "Studio") and you (hereinafter – "Client", "User", or "You").

By accessing our website or engaging our services, you agree to be bound by these Terms.

2. SERVICES

We provide high-end, custom digital solutions. Our core services include:

Custom Development: Engineering tailored web and software solutions using modern programming languages and frameworks.
Figma Designs: Creating User Interface (UI) and User Experience (UX) design, branding assets, and prototypes.
AI & Machine Learning: Developing and integrating artificial intelligence models, automation scripts, and machine learning algorithms into business processes.

3. PAYMENTS AND INFRASTRUCTURE COSTS

3.1. Service Fees:

The scope of work and pricing are defined in the specific Estimate or Commercial Proposal. Development commences only after the agreed prepayment is received.

3.2. Third-Party Infrastructure & API Costs:

Client Responsibility: You are responsible for all direct costs associated with the hosting and operation of your custom solution. This includes, but is not limited to: domain names, cloud hosting (e.g., AWS, Google Cloud, Azure), server costs, and AI/ML API usage fees (e.g., OpenAI tokens, Anthropic APIs).
Studio Responsibility: We cover the costs of our internal development tools, local environments, IDEs, and design software licenses required to build the product.
Access: You agree to provide us with temporary access to your server environments or cloud accounts for deployment and configuration purposes.

4. INTELLECTUAL PROPERTY (IP) RIGHTS

4.1. Transfer of Rights:

Upon the completion of the project and receipt of 100% of the payment, full intellectual property rights transfer to the Client. This specifically includes:

The final source code and compiled assets.
The original design files in Figma.
Custom AI models or scripts trained/developed specifically for the project.

4.2. Studio's Portfolio Rights:

We reserve the perpetual, irrevocable right to display the final deliverables (designs, visual representations of the software, and non-confidential descriptions of the AI solutions) in our portfolio, on our website, and social media channels for self-promotion and marketing purposes.

4.3. Background Technology:

Any open-source libraries, frameworks, or third-party APIs used in the project remain subject to their original licenses.

5. PROJECT HANDOVER

5.1. Transfer Process:

We follow standard IT industry protocols for project handover. After full payment is cleared:

Source code is pushed to your Git repository (e.g., GitHub, GitLab) or delivered via secure archive.
Admin rights to all configured cloud environments are transferred to you.
Figma files are transferred to your team or account.

6. LIMITATION OF LIABILITY

6.1. Third-Party Services & APIs:

Our solutions often rely on third-party infrastructure (cloud providers, AI APIs). We are not liable for service interruptions, downtime, data latency, or changes in API policies caused by these external providers (e.g., if an AI provider experiences an outage or deprecates a model).

6.2. No Guarantees on AI Outputs:

Due to the probabilistic nature of Artificial Intelligence, we cannot guarantee 100% accuracy or predictability of AI-generated outputs.

6.3. Maximum Liability:

To the fullest extent permitted by law, our total liability for any claim arising out of these Terms shall not exceed the total amount paid by you to us for the specific project giving rise to the claim.

7. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Ukraine. Any disputes shall be resolved amicably or through the appropriate courts.

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