Terms of Service
Last updated: July 14, 2026
1. Agreement
By using fencepencil.com, you agree to these website terms. Custom software engagements are also governed by a separate statement of work or other written agreement signed by FencePencil and the client. That project agreement controls if it conflicts with these general terms.
2. Services
FencePencil provides custom software discovery, design, engineering, delivery, and related professional services. Project scope, deliverables, timing, responsibilities, acceptance criteria, and support are defined in the applicable written agreement.
3. Client responsibilities
Clients are responsible for timely decisions, accurate requirements, lawful data and content, and access to the systems reasonably required for the work. Delays or material scope changes may require a revised timeline or written change to the project agreement.
4. Intellectual property
Unless the project agreement says otherwise, project-specific code and documentation transfer to the client after final payment. FencePencil retains its pre-existing tools, general knowledge, techniques, and non-client-specific patterns.
5. Payment
Invoices are payable according to the applicable project agreement or invoice terms. Work may pause on materially overdue balances. Taxes and third-party costs are handled as described in the project agreement.
6. Confidentiality and data
Each party will protect confidential information received for the engagement and use it only for the work. Project-specific data handling, retention, and security requirements should be documented before sensitive data is introduced.
7. Warranty disclaimer
Except for express commitments in a project agreement, the website and services are provided without additional warranties. Software can contain defects; any warranty or correction period is defined in the applicable project agreement.
8. Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages. Any project-specific liability cap is defined in the applicable written agreement.
9. Governing law
These website terms are governed by Minnesota law without regard to conflict-of-law principles. A project agreement may specify additional dispute terms.
10. Contact
Questions about these terms? Contact FencePencil.