Terms of Service

EyeOn Automations (“EyeOn,” “we,” “us”) provides custom software development, AI automation, and consulting services to construction, real estate, and adjacent operators. The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate written proposal or statement of work (“SOW”) signed by both parties. These Terms govern every engagement unless the SOW expressly says otherwise.

Engagements begin when both parties sign an SOW. Unless the SOW specifies otherwise, fees are due net 15 from invoice date. Late payments may pause active work and accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less. Out-of-pocket expenses (third-party software, hosting, paid APIs) are passed through at cost with prior client approval.

Upon full payment, the client owns the custom code and configuration created specifically for the client under an SOW. EyeOn retains all rights to its pre-existing tools, internal libraries, frameworks, methodologies, and any general-purpose components used to deliver the work. Both parties grant each other the licenses needed for normal use of the deliverables.

Each party agrees to keep the other’s non-public business, technical, and financial information confidential, and to use it only as needed to perform under the SOW. This obligation survives termination. Information that becomes public through no fault of the receiving party, or that is independently developed, is not confidential.

EyeOn warrants that services will be performed in a professional and workmanlike manner consistent with industry practice. Except for that warranty, services and deliverables are provided “as is” without other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue. Each party’s total cumulative liability arising out of an engagement will not exceed the fees paid by the client to EyeOn under that engagement in the twelve months preceding the claim.

Either party may terminate an SOW for material breach if the breach is not cured within 15 days of written notice. Upon termination, the client pays for all work performed and expenses incurred through the termination date. Sections covering intellectual property, confidentiality, payment, warranties, limitation of liability, and governing law survive termination.

These Terms and any SOW are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute will be resolved in the state or federal courts located in Orange County, California, and both parties consent to jurisdiction there.

EyeOn may update these Terms from time to time. Material changes will be posted on this page with an updated “Last updated” date. The version in effect when an SOW is signed governs that engagement.

Questions about these Terms can be sent to kelly@eyeonautomations.com.