The short version

Terms of Service

Here's the deal in plain English:

  • 1.You hire me to build software. We agree on scope, timeline, and price before I write any code.
  • 2.Once you pay in full, you own everything I built for you. The code, the designs, all of it.
  • 3.Either of us can walk away with 30 days notice. You pay for work completed up to that point.
  • 4.Completed milestones are non-refundable. If I delivered it and you approved it, that's done.
  • 5.I build software to the best of my ability, but I can't guarantee your business will succeed. That's on you.

Now here's the full version your lawyer will want to read:

Last updated: March 1, 2026

1. Parties

These Terms of Service (“Terms”) constitute a binding agreement between the client (“you”, “Client”) and Purple Engineering LTDA., a company registered in Brazil (“we”, “us”, “Provider”), operating under the trade name “Nifemi” at services.thenifemi.com.

2. Scope of Services

We provide software engineering services including, but not limited to, web application development, mobile application development, API and backend systems, codebase audits, and ongoing engineering retainers. The specific scope, deliverables, timeline, and price for each engagement are defined in a separate Statement of Work (“SOW”) or project proposal agreed upon by both parties before work commences.

3. Proposals and Acceptance

All project proposals are valid for 30 days from the date of issue unless otherwise stated. A project begins when the Client provides written acceptance of the proposal (email is sufficient) and any required upfront payment has been received. Verbal agreements are not binding.

4. Payment

Payment terms are specified in the applicable SOW or proposal. Unless otherwise agreed, the standard payment structure is:

  • A non-refundable deposit of 30% due before work begins.
  • Progress payments tied to milestone deliveries as defined in the SOW.
  • Final payment due upon project completion and before final deliverable handoff.

Invoices are due within 14 days of issue. Late payments may result in work being paused until the outstanding balance is settled. We reserve the right to charge interest of 1% per month on overdue amounts.

5. Intellectual Property

Upon receipt of final payment in full, all intellectual property rights in the deliverables created specifically for the Client are transferred to the Client. This includes source code, designs, and documentation produced under the SOW.

The Provider retains the right to use general-purpose tools, libraries, frameworks, and methodologies developed independently or prior to the engagement. The Provider also retains the right to reference the project (name, general description, and non-confidential details) in portfolio materials and case studies unless otherwise agreed in writing.

6. Refunds and Completed Milestones

Payments for completed and approved milestones are non-refundable. A milestone is considered completed when the associated deliverables have been presented to the Client and the Client has provided written approval, or 7 business days have elapsed from presentation without written objection.

The initial deposit is non-refundable and covers discovery, planning, and project setup. If the Client cancels before any milestone is completed, any amount paid beyond the deposit will be refunded minus the cost of work already performed, calculated at a rate of $150 USD per hour.

7. Termination

Either party may terminate the engagement by providing 30 days written notice (email is sufficient). Upon termination:

  • The Client pays for all work completed up to the termination date.
  • The Provider delivers all completed work and work-in-progress to the Client.
  • IP rights transfer for paid-for deliverables as described in Section 5.
  • Any pre-paid amounts for undelivered milestones are refunded within 30 days.

8. Warranties and Disclaimer

The Provider warrants that all work will be performed with reasonable skill and care consistent with generally accepted industry standards. The Provider will correct any defects in deliverables reported within 30 days of milestone approval at no additional cost.

Beyond this, all services are provided “as is”. The Provider makes no warranties, express or implied, regarding the fitness of deliverables for a particular business purpose, commercial success, revenue generation, or any other outcome. Software development involves inherent risks, and the Client acknowledges that results depend on many factors beyond the Provider's control.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of the cause of action or the theory of liability.

The Provider's total cumulative liability for any and all claims arising from or relating to the engagement shall not exceed the total fees actually paid by the Client to the Provider under the applicable SOW.

10. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business plans, technical specifications, user data, pricing, and any information explicitly marked as confidential. This obligation survives termination of the engagement for a period of 2 years.

11. Communication and Availability

The Provider is based in Brazil (GMT-3) and is generally available Monday through Friday during business hours, with overlap across US and European time zones. Response times for non-urgent communication are within 1 business day. The Provider is not available for on-call or emergency support unless explicitly agreed in the SOW.

12. Third-Party Services

Projects may involve third-party services, APIs, hosting providers, or open-source software. The Provider is not responsible for outages, changes, deprecations, or failures of third-party services. The Client is responsible for maintaining their own accounts and subscriptions for any third-party services used in the project.

13. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil. Any disputes arising from these Terms or any engagement shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the courts of the State of São Paulo, Brazil, which shall have exclusive jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated “Last updated” date. Existing engagements continue under the Terms in effect at the time the SOW was signed. New engagements are subject to the current version of these Terms.

15. Contact

Questions about these Terms? Email hello@thenifemi.com.