Terms of service

1. Who we are

This site is operated by SoftOut LLC, a California limited liability company at 3400 Cottage Way, Ste G2, Sacramento, CA 95825. "We", "us" and "SoftOut" mean that company. "You" means whoever is using the site. Using it means you accept these terms. If you do not, stop using it.

2. What this site is

Marketing material and nothing more. Everything here describes what we build and what past work produced. None of it is an offer capable of acceptance, a quote, a warranty, or professional advice for your situation. Nothing you can do on this site creates a contract, because the site takes no orders and no payments.

The numbers published here were measured on running systems on the dates stated, for the specific clients described. They are not a prediction of what you would get. The one client quote on this site is real, was said by the person named, and is used with permission.

3. Using the site

You may read, print and share these pages. You may not scrape it at a volume that degrades it for anyone else, probe or attack it, try to get into any part of it that is not published, copy the design or the copy for a competing site, or use anything here to train a commercial model without asking us first.

4. Our content and our brand

The text, layout, code, logo, wordmark and colour system on this site belong to SoftOut LLC. The SoftOut name and the Ascend mark are our brand assets. Nothing here grants you a licence to use them. Client names and marks that appear on this site belong to those clients and appear with their permission.

5. Copyright complaints

There is no way to upload anything to this site, so nothing here was posted by a user. If you still believe something on this site infringes your copyright, email ilia@softout.net with the work you own, the URL of the material, your contact details, and a statement that you believe the use is not authorised. We will review it and remove anything that should not be there. If we ever add a way for users to post content, we will register a designated agent under the DMCA and publish a full takedown procedure before that goes live.

6. If you hire us

Client work runs on a written scope, agreed and signed before any work starts. That scope sets out what gets built, the price, the timeline for your project, and what counts as done. Where the scope and these terms disagree, the scope wins.

• Invoices are issued through Stripe and are payable on the terms stated on the invoice.
• We do not publish prices, and we do not publish build timelines as ranges or averages. Both are set per project.
• There is no subscription, no free trial and no automatic renewal anywhere on this site. Nothing charges you without an invoice you have seen.
• A change to the scope after work has started is agreed in writing before it is built.

7. No guarantee of results

We will tell you honestly whether we think something is worth building, and we will not take the project if we think it is not. What we guarantee is the work: it does what the scope says, and you see it running before you sign it off. We do not guarantee revenue, growth, rankings, reply rates, or any other business outcome, because those depend on your market and your operation, not only on the software.

8. Links to other sites

The booking link goes to Cal.com. We do not control it and we are not responsible for it. Their terms and privacy policy apply once you are there. The same goes for any other site we link to.

9. Disclaimer

This website is provided as it is. To the fullest extent the law allows, we disclaim all warranties about the site, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise the site will be available without interruption or free of errors. This section is about the website. Warranties on work we build for you live in your scope.

10. Limitation of liability

To the fullest extent the law allows, SoftOut is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of your use of this website. Our total liability for any claim connected to this website is limited to one hundred US dollars. Liability for work we are paid to build is governed by your scope, not by this section. Nothing here limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

11. Indemnity

If your misuse of this website causes a third-party claim against us, you agree to cover the reasonable costs of dealing with it, including legal fees. We will tell you promptly if that happens and let you take over the defence.

12. Disputes, arbitration and class action waiver

Read this section. It affects how a dispute with us gets resolved and it gives up the right to a jury and to a class action.

12.1 Talk to us first

Before starting anything formal, email ilia@softout.net describing the problem and what you want. We will do the same if the complaint is ours. Both sides agree to spend 60 days trying to settle it that way. Most things end here.

12.2 Binding arbitration

If that fails, any dispute arising out of or relating to this website or these terms is resolved by binding individual arbitration, not in court. Arbitration is administered by the American Arbitration Association under its applicable consumer or commercial rules. It takes place in Sacramento County, California, or by video or on documents if you prefer. The arbitrator, not a court, decides questions about the scope of this clause. Judgment on the award may be entered in any court with jurisdiction.

12.3 What is carved out

Either of us may bring an individual claim in small claims court instead, and either of us may ask a court for an injunction to protect intellectual property or to stop unauthorised access. Neither of those waives anything else in this section.

12.4 No class actions

Claims are brought individually. Neither side may bring a class, collective, consolidated or representative action, and the arbitrator may not preside over one. If this paragraph is found unenforceable for a particular claim, that claim, and only that claim, leaves arbitration and goes to the courts named in section 13. The rest of this section stays in force.

12.5 You can opt out

You are not stuck with this. Email ilia@softout.net with the subject line "Arbitration opt-out" within 30 days of first agreeing to these terms, including your name and the domain or email you use. Opting out costs you nothing, changes nothing else about how we deal with you, and leaves section 13 as the way disputes get resolved.

13. Governing law

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Where a dispute is not subject to arbitration, it belongs to the state or federal courts sitting in Sacramento County, California, and both sides consent to that jurisdiction.

14. The rest

• If any part of these terms is unenforceable, the rest still stands.
• Not enforcing something once does not waive it later.
• You may not transfer your rights under these terms. We may, if the business is sold.
• These terms, plus the privacy policy and any scope you have signed, are the whole agreement about this website.

15. Changes

We may update these terms. The date at the top changes when we do, and the new version applies from the day it is posted. A change to section 12 does not apply to a dispute we already knew about.

16. How to reach us

SoftOut LLC
3400 Cottage Way, Ste G2
Sacramento, CA 95825
ilia@softout.net