Global Terms of Service
Active Regional Enforceability Notice: United States
These terms are currently calibrated for enforcement under State of Delaware Commercial Law and arbitration body American Arbitration Association (AAA) Commercial Rules. Client data and privacy rights are governed by CCPA / CPRA & US Federal Trade Commission (FTC) Guidelines. You can modify your jurisdiction using the switcher above.
Document Structure
1. Acceptance of Terms & Digital Binding
1.1 Binding Contract: These Global Terms of Service (“Terms”) constitute a legally binding agreement between CLANK DYNAMICS SERVICES (“Clank Dynamics”, “we”, “us”, or “our”) and each visitor, user, founder, or enterprise client (“User”, “Client”, or “you”) accessing or using our website, portal, diagnostic intake funnels, and engineering services.
1.2 Consent Mechanisms: By accessing clankdynamics.com, submitting code repositories, booking diagnostic sessions via /schedule, or contracting our engineering sprints, you explicitly acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.
2. Description of Engineering & Consultancy Services
2.1 Clank Dynamics provides elite engineering, stabilization, and deployment consultancy services across seven specialized pillars:
- AI Prototype Rescue & Production Hardening: Refactoring prototypes (Cursor, Bolt, Lovable, v0) into production-grade Next.js, Node, and Python architectures.
- Enterprise Backend Systems: Resilient Spring Boot, Java, and microservice engineering with 99.99% uptime SLAs.
- Cross-Platform Mobile Engineering: Native and cross-platform app delivery (React Native, Flutter) for iOS and Android.
- Universal Code Signing & Store Compliance: Cryptographic signing, Apple Notarization, and Windows Authenticode pipelines.
- Zero-Trust Database & Cloud Security: Cloudflare edge security, PostgreSQL/Supabase Row Level Security (RLS) audits, and penetration testing.
- Google Play 12-Tester Compliance Management: 14-day verified closed testing with real Android hardware and questionnaire coaching.
- Fractional Cloud Architecture & DevOps: Docker containerization, CI/CD pipelines, and cloud migration (AWS, Cloudflare, Railway).
2.2 Individual Statements of Work (SOW): Specific deliverables, milestone timelines, acceptance criteria, and fee structures are governed by individually executed commercial agreements.
3. The 10 Inviolable Liability Shields & Absolute Disclaimers
3.1 Point-in-Time Security Disclaimer (No Immunity Guarantee)
The User acknowledges that cybersecurity attack vectors and exploits evolve continuously. CLANK DYNAMICS DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY CODEBASE, APPLICATION, DATABASE, SERVER, OR SYSTEM AUDITED, REFACTORED, OR DEPLOYED BY CLANK DYNAMICS WILL BE COMPLETELY SECURE, IMPENETRABLE, OR IMMUNE FROM CYBERATTACKS, DATA BREACHES, ZERO-DAY EXPLOITS, RANSOMWARE, OR UNAUTHORIZED INTRUSIONS. Conducting a security audit or code hardening sprint does NOT transfer cybersecurity liability, regulatory fines, or statutory liabilities from the User to Clank Dynamics.
3.2 Mandatory Data Backup Covenant & Zero Data Loss Liability
THE USER ASSUMES THE SOLE, EXCLUSIVE, AND CONTINUOUS RESPONSIBILITY TO MAINTAIN AND VERIFY INDEPENDENT, CURRENT, OFF-SITE BACKUPS OF ALL CODE, DATABASES, SCHEMAS, AND ASSETS PRIOR TO GRANTING CLANK DYNAMICS REPOSITORY OR CLOUD ACCESS. Clank Dynamics shall have ZERO liability for any loss, corruption, deletion, or unintended modification of data, databases, or cloud infrastructure, howsoever caused. THE USER EXPRESSLY WAIVES ANY CLAIM FOR DATA RECOVERY EXPENSES OR INTANGIBLE LOSS OF DATA VALUE.
3.3 Strict Aggregate Liability Cap (The Shotgun Limiter)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLANK DYNAMICS SERVICES, ITS FOUNDER, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, REPUTATION, SYSTEM DOWNTIME, DATA LOSS, OR REGULATORY FINES).
IN ALL CIRCUMSTANCES, CLANK DYNAMICS' TOTAL AGGREGATE MONETARY LIABILITY ARISING OUT OF OR RELATING TO ANY VISIT, SERVICE, AUDIT, OR ENGAGEMENT SHALL BE STRICTLY LIMITED AND CAPPED AT THE LESSER OF: (A) THE TOTAL NET AMOUNT ACTUALLY PAID BY THE CLIENT TO CLANK DYNAMICS IN THE PRECEDING THREE (3) MONTHS, OR (B) $500.00 USD (OR ZERO DOLLARS FOR FREE DIAGNOSTIC AUDITS AND UNPAID SITE VISITS).
3.4 Third-Party Platforms, Store Ecosystems & Cloud Outages
Clank Dynamics exercises zero control over the independent policies, enforcement algorithms, review guidelines, or infrastructure availability of third-party platforms, including Apple Inc. (App Store / TestFlight), Google LLC (Google Play / Firebase), Microsoft Corporation, Cloudflare, Supabase, Paystack, Vercel, Railway, AWS, or OpenAI. Clank Dynamics shall NOT be liable for:
- App Store or Google Play rejections based on subjective policy guidelines, copyright strikes, or spam flags;
- Developer console suspensions, strikes, or account closures enacted by Apple or Google;
- Global cloud edge outages, subsea fiber disruptions, or third-party API deprecations.
3.5 Code Signing & Operating System Trust Disclaimer
Clank Dynamics warrants that its code signing workflows adhere to standard cryptographic standards. However, operating system trust (including Windows SmartScreen reputation and macOS Gatekeeper prompts) is governed by proprietary algorithms beyond any engineering firm's control. Clank Dynamics DOES NOT warrant that third-party antivirus software or operating systems will never flag an executable upon initial distribution.
3.6 Clean Hands & Pre-Existing Malicious Code Warranty
The Client warrants that any repository or infrastructure provided to Clank Dynamics is free from viruses, crypto-miners, spyware, keyloggers, or unauthorized surveillance tooling. Clank Dynamics reserves the immediate right to terminate any sprint without refund upon discovering illicit payloads.
3.7 Regulatory & Compliance Fines Exclusion
While Clank Dynamics implements best-practice security controls (GDPR, NDPA, CCPA), the Client remains the designated Data Controller under applicable law. Clank Dynamics shall have zero liability for statutory regulatory fines or enforcement sanctions levied against the Client.
3.8 Closed-Testing Participation & User Hardware Boundaries
For Google Play 12-Tester compliance sprints, Clank Dynamics coordinates human testing on physical Android devices. We warrant tester engagement and retention. However, Google retains sole algorithmic discretion over final production track approval.
3.9 Force Majeure & Global Telecommunications Severance
Neither party shall be liable for delays or failures in performance resulting from acts beyond reasonable control, including subsea fiber cuts, national grid power failures, civil unrest, or cloud service outages.
3.10 Diagnostic Call Non-Reliance Notice
Technical observations provided during 15-minute emergency triage or 30-minute discovery calls are preliminary impressions based on high-level briefings and do not constitute binding architectural warranties.
4. 100% Intellectual Property Assignment Guarantee
4.1 Zero Vendor Lock-In: Upon full settlement of contracted milestone fees, 100% of all custom source code, repositories, database schemas, and application assets created specifically for the Client transfer completely, irrevocably, and perpetually to the Client. Clank Dynamics retains no proprietary ownership or licensing claim over your business logic.
4.2 Background IP: Clank Dynamics retains non-exclusive ownership of its pre-existing utility boilerplates, generic Docker configurations, and public open-source tools utilized during development.
5. Fees, Deposits & Invoicing
5.1 Upfront Commitment Deposit: Fixed-price packages require a 50% upfront non-refundable commitment deposit before repository access or sprint scheduling.
5.2 Milestone Sign-Off: The remaining 50% milestone settlement is due upon staging verification prior to production repository handoff.
5.3 Payment Rails: Payments are settled via Paystack or international wire in USD ($).
6. Dynamic Governing Law & Dispute Resolution
Governing Law: These Terms and any related commercial engagements shall be exclusively governed by, construed, and enforced in accordance with the State of Delaware Commercial Law, without giving effect to any principles of conflicts of law.
Arbitration & Dispute Forum: Any controversy, claim, or dispute arising out of or relating to these Terms, or the breach thereof, shall be resolved through final, binding commercial arbitration administered by the American Arbitration Association (AAA) Commercial Rules. The language of arbitration shall be English.
Tax & Regulatory Invoicing: W-8BEN / International vendor invoicing supplied upon request.
WAIVER OF CLASS ACTIONS: THE USER AND CLANK DYNAMICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Regional Breakdown Reference:
- United States: State of Delaware Commercial Law · AAA Commercial Rules.
- United Kingdom: Laws of England and Wales · London Court of International Arbitration (LCIA).
- European Union: Standard European Commercial Law · ICC / Commercial Arbitration Rules.
- Nigeria: Laws of the Federal Republic of Nigeria · Lagos Court of Arbitration (LCA).
- Canada: Province of Ontario Law · ADR Institute of Canada (ADRIC).
- Global Baseline: UNCITRAL Model Law on International Commercial Arbitration · LCIA Rules.
7. Confidentiality & Mutual NDA
All client repositories, project briefings, error logs, and technical notes submitted via /schedule or direct contact are treated as strictly confidential proprietary trade secrets under the terms of our Mutual Non-Disclosure Agreement. Clank Dynamics never sells, publicizes, or shares client source code or architectural blueprints.
8. Severability & Survival
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Sections 3 (Liability Shields), 4 (IP Assignment), 6 (Governing Law), and 7 (Confidentiality) shall survive the termination or conclusion of any client engagement.
9. Legal Notices & Inquiries
For legal notices, contract modifications, enterprise Master Services Agreements (MSA), or arbitration correspondence:
Entity: CLANK DYNAMICS SERVICES
Corporate Registration: CAC BN Code: 178871177625
Lead Counsel / Legal Operations: [email protected]
Official Postal Dispatch: Clank Dynamics Services, Lagos, Nigeria / International Virtual Registered Office.