Terms of Service

Bustus LLC ("Company," "we," "us," or "our") is a limited liability company organized under the New Mexico Limited Liability Company Act (NMSA 1978, Chapter 53, Article 19), with its principal place of business in Albuquerque, New Mexico, United States.

Bustus Digital is the trade name under which Bustus LLC operates its digital services division, offering web development, mobile application development, full-stack software solutions, and AI-powered rapid-prototyping services to businesses and individuals worldwide. All contractual obligations, liabilities, and rights under these Terms belong to Bustus LLC.

For all inquiries, contact us at [email protected].

Bustus Digital provides the following categories of digital services:

• Custom web development (landing pages, multi-page websites, web applications)
• Mobile and cross-platform application development (React Native, PWA)
• Full-stack software solutions with backend architecture and database design
• AI-powered rapid prototyping and MVP development
• Post-launch maintenance and support packages

Specific deliverables, timelines, and fees for each engagement are confirmed in a separate project proposal or Statement of Work ("SOW") agreed upon in writing by both parties. Any description of services on this website is for informational purposes only and does not constitute a binding offer or guarantee of availability.

A project engagement becomes binding upon: (a) written acceptance of a project proposal or SOW by both parties, and (b) receipt of the initial deposit described in Section 4. Bustus Digital reserves the right to decline any project request at its sole discretion.

Unless otherwise agreed in writing:

• A non-refundable deposit of 50% of the total project fee is due upon execution of the project agreement, before any work commences.
• The remaining 50% is due upon delivery of the final project deliverable.
• Invoices are payable within fourteen (14) calendar days of issuance.
• Late payments accrue interest at 1.5% per month or the maximum rate permitted by New Mexico law (NMSA 1978, § 56-8-3), whichever is lower.
• Bustus Digital reserves the right to suspend work and withhold delivery of completed work product until all outstanding balances are settled in full.
• All fees are denominated in U.S. Dollars (USD) and are exclusive of applicable taxes unless otherwise stated.

5.1 Client Content. You represent and warrant that you own or have all necessary rights to any content, materials, trademarks, or assets you provide to us for use in your project, and that such use will not infringe any third-party rights.

5.2 Deliverables. Upon receipt of full payment of all amounts due, Bustus Digital assigns to you all right, title, and interest in the custom deliverables created specifically for your project, including source code and associated documentation.

5.3 Pre-Existing IP. Bustus Digital retains all rights in pre-existing tools, frameworks, libraries, methodologies, templates, and know-how ("Pre-Existing IP"). To the extent Pre-Existing IP is incorporated into deliverables, Bustus Digital grants you a non-exclusive, perpetual, royalty-free license to use such Pre-Existing IP solely as part of the delivered project.

5.4 Open-Source Components. Deliverables may incorporate open-source or third-party software components governed by their respective licenses. You are solely responsible for compliance with all applicable third-party license terms.

5.5 Portfolio Rights. Unless you request otherwise in writing, Bustus Digital reserves the right to reference completed projects in its portfolio and marketing materials.

To ensure timely and successful delivery, you agree to:

• Provide all required content, assets, access credentials, and feedback within the timeframes agreed upon in the SOW.
• Designate a single authorized point of contact with authority to make binding decisions on your behalf.
• Notify Bustus Digital promptly of any changes to project requirements. Scope changes must be agreed upon via a written change order and may affect pricing and timelines.
• Ensure that any third-party materials you provide do not infringe any intellectual property or other legal rights.

The number of included revision rounds is specified in each project SOW. Requests for revisions beyond the agreed scope, or changes to project requirements, will be scoped, quoted, and billed separately via a written change order. Bustus Digital will not commence out-of-scope work without your written approval.

Each party agrees to hold in strict confidence any non-public, proprietary information disclosed by the other party ("Confidential Information") and to use it solely in connection with the project. This obligation does not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was independently developed by the receiving party without use of Confidential Information; (c) was already known to the receiving party at the time of disclosure; or (d) must be disclosed by law or court order, provided the receiving party gives reasonable prior written notice where permitted.

For consumers engaging Bustus Digital for personal, family, or household purposes, nothing in these Terms limits or waives any rights available to you under the New Mexico Unfair Practices Act (NMSA 1978, §§ 57-12-1 et seq.), which prohibits unfair, deceptive, and unconscionable trade practices. Violations of the UPA may entitle consumers to actual damages, and in the case of willful or knowing violations, up to three times actual damages (NMSA 1978, § 57-12-10). These statutory rights exist independently of and are not affected by any limitation of liability in these Terms.

Bustus Digital is committed to fair, transparent, and honest business practices in compliance with federal FTC guidelines (15 U.S.C. § 45) and New Mexico state law.

Bustus Digital warrants that services will be performed in a professional and workmanlike manner consistent with prevailing industry standards.

Except as expressly stated herein, the services and deliverables are provided "as is" without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Bustus Digital does not warrant that deliverables will be error-free or meet any specific performance requirements not expressly stated in the SOW.

To the maximum extent permitted by applicable law, Bustus Digital's total cumulative liability for all claims arising out of or related to these Terms or the services shall not exceed the total fees actually paid by you in the three (3) calendar months immediately preceding the event giving rise to the claim. In no event shall Bustus Digital be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

This limitation does not apply to liability arising from gross negligence, willful misconduct, fraud, or to any rights granted to consumers under the New Mexico Unfair Practices Act that cannot be limited by contract.

You agree to indemnify, defend, and hold harmless Bustus LLC and its members, managers, officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the services or deliverables; (b) your breach of these Terms; (c) your infringement of any intellectual property or other third-party rights; or (d) any content or materials you provide to Bustus Digital.

Either party may terminate a project engagement upon fourteen (14) days' prior written notice. Upon termination:

• You shall pay Bustus Digital for all work performed through the termination date, calculated on a pro-rata basis relative to the total project fee.
• Bustus Digital will deliver all completed work product upon receipt of such payment.
• The initial 50% deposit is non-refundable, except in the event of Bustus Digital's material breach of the project agreement.

These Terms and any project agreements are governed by and construed in accordance with the laws of the State of New Mexico and applicable federal law, without regard to conflict of law principles. The New Mexico LLC Act (NMSA 1978, Chapter 53, Article 19) governs the Company's legal existence. For consumer transactions, the New Mexico Unfair Practices Act (NMSA 1978, Chapter 57, Article 12) applies to the extent provided by law.

The parties agree to first attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days from written notice of the dispute.

If unresolved, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, consistent with the New Mexico Uniform Arbitration Act (NMSA 1978, Chapter 44, Article 7A). The arbitration shall be conducted in the English language, with the seat of arbitration in Albuquerque, New Mexico. The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Either party may seek emergency injunctive or equitable relief before the Second Judicial District Court of Bernalillo County, New Mexico, to prevent irreparable harm pending resolution of a dispute.

Consumer exception: Nothing in this arbitration clause limits any consumer's right to file a complaint with the New Mexico Attorney General's Consumer Protection Division (NMSA 1978, § 57-12-22) or pursue statutory remedies under the Unfair Practices Act, which are not subject to mandatory arbitration to the extent prohibited by applicable law.

Bustus Digital operates in compliance with applicable federal law, including but not limited to:

• FTC Act, Section 5 (15 U.S.C. § 45) — prohibiting unfair or deceptive acts in commerce
• CAN-SPAM Act (15 U.S.C. § 7701 et seq.) — governing commercial electronic messages
• Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) — intellectual property
• Computer Fraud and Abuse Act (CFAA, 18 U.S.C. § 1030) — unauthorized computer access
• Children's Online Privacy Protection Act (COPPA, 15 U.S.C. § 6501 et seq.)

Entire Agreement. These Terms, together with any applicable SOW, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings.

Statute of Limitations. Any claim arising out of a written project agreement must be brought within six (6) years of the event giving rise to the claim, in accordance with NMSA 1978, § 37-1-3.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

No Waiver. Failure to enforce any provision does not constitute a waiver of that or any other provision.

Assignment. You may not assign these Terms without prior written consent from Bustus Digital. We may assign these Terms without restriction.

Force Majeure. Neither party is liable for delays caused by circumstances beyond reasonable control, including natural disasters, government actions, or internet infrastructure failures.

Bustus Digital may update these Terms at any time by posting revised Terms on this page with an updated effective date. Continued use of this website or engagement of our services constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

For legal notices or questions regarding these Terms: