Effective July 1, 2026 · Whipsocket LLC
These Terms of Service ("Terms") govern all engagements between Whipsocket LLC ("Whipsocket," "we," "us," or "our"), a South Carolina limited liability company, and our clients ("Client," "you," or "your"). By engaging Whipsocket for any service, executing a Statement of Work, or making a payment, you agree to these Terms.
These Terms apply to all services we provide, including web and mobile application development, Bubble.io development, application audits, custom coding, retainer arrangements, service-level agreements (SLAs), ongoing support, and consulting.
Estimates generated through our online Project Estimator are indicative only and do not constitute a binding quote or contract. A formal engagement begins only when both parties execute a written Statement of Work (SOW), Engagement Agreement, or equivalent document.
Written proposals and SOWs are valid for 60 days from the date of issue, after which pricing and scope are subject to revision.
Scoping engagements are billed separately, in full, and in advance. Work does not begin until the scoping invoice is paid.
50% of the total project fee is due before work begins. The remaining 50% is due at the project midpoint or upon completion, as specified in the SOW.
The specific milestone structure will be defined in each SOW. Failing to pay a milestone invoice within 15 days of the due date may result in work being paused until payment is received.
Monthly retainer and SLA engagements are billed either at the beginning of each month or upon completion of work for that period, depending on the terms agreed in the engagement agreement. The billing schedule will be specified in writing before the engagement begins.
Invoices not paid within 15 days of the due date may accrue a late fee of 1.5% per month on the outstanding balance. Whipsocket reserves the right to suspend work on any engagement with an outstanding balance.
All payments are non-refundable once work has commenced on any phase or milestone. This applies to scoping, build phases, retainers, audit engagements, and all other service types.
If a Client elects to terminate an engagement after work has begun on a milestone, the Client remains responsible for full payment of that milestone. Whipsocket will deliver all completed work product to the Client upon receipt of final payment.
If Whipsocket is unable to deliver services as agreed due to our own material breach, we will work with you in good faith to remedy the situation, which may include credit toward future work at our discretion.
Upon receipt of all payments owed for an engagement, the Client owns all custom code, designs, and other deliverables created specifically for that engagement.
Prior to full payment, Whipsocket retains all rights to work product. Whipsocket does not transfer ownership of any deliverables until all outstanding invoices are paid in full.
Whipsocket may retain rights to general methodologies, frameworks, tools, libraries, and know-how developed independently of any specific client engagement, and may reuse these across projects. We will not reuse any code, design, data, or content that is proprietary or specific to your business.
Unless a Client specifically requests otherwise in writing, Whipsocket may reference the Client's name and a general description of the work (e.g., "Built a custom web application for [Company]") in our portfolio or marketing materials.
Both parties agree to keep each other's confidential business information, project details, and technical specifications confidential, and not to disclose them to third parties without prior written consent.
If a Client selects the NDA option in our Project Estimator, Whipsocket will treat all submitted project details as confidential from the moment of receipt and will provide a formal Non-Disclosure Agreement before any scoping work begins.
Confidentiality obligations survive the termination of any engagement for a period of two (2) years.
A successful engagement requires active participation from the Client. The Client agrees to:
Delays caused by the Client — including delayed feedback, approval, or content — may result in timeline adjustments and, where significant, additional fees. Whipsocket will communicate any such adjustments in writing before incurring additional charges.
The Client is solely responsible for ensuring that their product or service complies with applicable laws, including but not limited to privacy laws (GDPR, CCPA, HIPAA where applicable), accessibility requirements, and industry-specific regulations. Whipsocket does not provide legal compliance consulting unless explicitly engaged to do so.
Any change to the agreed project scope must be documented in a written change order or amended SOW before work on the change begins. Verbal approvals are not binding. Whipsocket reserves the right to decline scope changes that would materially alter the nature or timeline of an engagement.
Many projects involve third-party platforms, APIs, or services (including but not limited to Bubble.io, hosting providers, payment processors, and cloud infrastructure). Whipsocket is not responsible for outages, pricing changes, policy changes, or discontinuation of third-party services. Where a third-party service is central to the engagement, the Client is responsible for maintaining their own accounts and agreements with those providers.
To the fullest extent permitted by law, Whipsocket's total liability for any claim arising out of or related to an engagement shall not exceed the total fees paid by the Client for that specific engagement in the 12 months preceding the claim.
In no event shall Whipsocket be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, loss of data, or business interruption, even if advised of the possibility of such damages.
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law provisions.
The parties agree to attempt to resolve any dispute informally by contacting each other at hello@whipsocket.com before initiating formal proceedings.
If informal resolution fails, disputes shall be submitted to binding arbitration in Lexington County, South Carolina, under the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration body. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm. Small claims court remains available for claims within its jurisdictional limits.
Either party may terminate an engagement with 14 days' written notice. Upon termination, the Client shall pay for all work completed up to the termination date. Whipsocket will deliver all completed work product upon receipt of final payment. Provisions relating to intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination.
We may update these Terms from time to time. The effective date at the top of this page will reflect the most recent revision. For active engagements, material changes to these Terms will be communicated in writing. Entering into a new engagement after a revision constitutes acceptance of the updated Terms.
These Terms, together with any executed Statement of Work or Engagement Agreement, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior discussions, representations, or understandings, whether written or verbal.
Questions about these Terms? Reach us at: