Terms of Service
Effective: 2026-07-20 · Last updated: 2026-08-03
1. Acceptance of Terms
By accessing or using the services provided by The Unnamed Corp, a Delaware corporation ("Unnamed", "we", "us"), including the website at theunnamed.dev, the Unnamed platform (the "Platform"), and our custom software development services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company. If you do not agree, do not use our services.
Open source software we publish is not covered by these Terms. Software we release publicly under an open source licence ("Open Source Software") is not part of the Platform and is not a Service. It is licensed to you solely under its own licence, on the terms described in our Open Source Policy. Downloading or using it does not make you a party to these Terms.
Plain English: Using our site, platform, or services means you accept these terms. If you're signing up for your company, you need the authority to do that. Our open source projects are separate: they come with their own licence, and these terms don't apply to them.
2. Services
Unnamed provides custom software development services, including MVP builds, embedded team engagements, and technical audits, under a written Statement of Work ("SOW") agreed between the parties, as well as access to the Platform. Each SOW defines scope, deliverables, timeline, and fees, and is governed by these Terms unless the SOW says otherwise. If these Terms and an SOW conflict, the SOW wins for that engagement.
Plain English: The specifics of every project live in its SOW. These Terms are the baseline; the SOW takes precedence where they differ.
3. Accounts
To use the Platform you must register with accurate information and keep your credentials secure. You are responsible for activity under your account. We enforce multi-factor authentication. Notify us immediately at security@theunnamed.dev if you suspect unauthorized access. Use of the Platform is also subject to our Acceptable Use Policy.
Plain English: Keep your login safe, tell us fast if something looks wrong, and don't abuse the platform.
4. Client Obligations
You are responsible for providing accurate information, timely feedback during build phases, and any access, credentials, content, or third-party licenses required to complete the Services. Delays caused by missing inputs may shift timelines and, where the SOW provides, fees. You warrant that materials you provide do not infringe third-party rights.
Plain English: We can only ship on time if you give us what we need on time, and what you give us has to be yours to give.
5. Payment
Engagements are billed per the SOW. Unless the SOW says otherwise, invoices are due within 15 days, undisputed late amounts accrue interest at the lesser of 1.5% per month or the maximum lawful rate, and we may suspend Services after written notice of overdue payment. Fees are exclusive of taxes, which you are responsible for (excluding taxes on our income). Payments are processed by Stripe.
Plain English: Pay invoices per the SOW. Persistent non-payment pauses the work.
6. Intellectual Property
Upon receipt of final payment for the applicable deliverables, you own all custom code and assets produced for you under the SOW. Unnamed retains ownership of pre-existing materials and generic, reusable components, libraries, and infrastructure patterns not specific to your product, and grants you a perpetual, worldwide, non-exclusive, royalty-free license to use them as embedded in your deliverables. Open-source components remain under their own licenses, which we will identify on request. We may identify you as a client and describe the engagement in general terms unless the SOW says otherwise.
Plain English: Once paid for, your product is yours. Our internal tooling stays ours, but you can keep using it inside what we built for you, forever, for free.
7. Open Source Software
Open Source Software we publish is governed exclusively by the licence distributed with it and by our Open Source Policy, which forms part of these Terms for that limited purpose. In particular:
- Your rights in Open Source Software come from its licence, not from these Terms or from any account you hold with us.
- The warranty and repair remedy in Section 12, and the liability provisions in Section 13, do not apply to Open Source Software, which is provided as is under its licence.
- Our licences grant copyright permissions only. They grant no rights in our names or logos. See the Open Source Policy for what you may and may not call a fork.
- Contributions you make to our public repositories are governed by that project's licence and contribution file, not by Section 8 below.
Plain English: Our open source projects live under their own licence. You get them as is, you can fork them, but you can't call your fork by our name, and code you contribute is handled by the project's own rules.
8. Feedback
If you send us suggestions, feature requests, or other feedback about the Platform or our Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you. This gives us no rights in your confidential information, your data, or your deliverables, and it does not apply to contributions you make to our open source projects, which are covered by Section 7.
Plain English: Tell us how to improve the product and we can act on the idea without owing you anything. Your actual data and code aren't affected, and neither is anything you contribute on GitHub.
9. Confidentiality
Both parties agree to protect non-public information shared during the engagement with at least reasonable care, use it only for the engagement, and disclose it only to personnel and advisers who need it and are bound to confidentiality. This does not cover information that is public, independently developed, or lawfully received from others. Disclosures compelled by law are permitted with prompt notice where lawful. This obligation survives termination for 5 years; trade secrets are protected as long as they remain trade secrets.
Plain English: We keep your secrets; you keep ours. That outlives the project.
10. Data Protection
Where Unnamed processes personal data on your behalf under an SOW, the Data Processing Agreement applies and is incorporated into these Terms. Our handling of data we collect directly is described in the Privacy Policy.
Plain English: Two documents cover data: the Privacy Policy for data you give us, the DPA for your users' data that we touch while working for you.
11. Third-Party Services
The Services and Platform depend on third-party providers (e.g., AWS and Stripe; the current subprocessor list is set out in our Privacy Policy). We are not responsible for third-party outages beyond our reasonable control, but we will make commercially reasonable efforts to mitigate their impact.
Plain English: We build on AWS and friends. If AWS has a bad day, we'll do our best, but we can't control their infrastructure.
12. Warranties and Disclaimers
We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. For 30 days after delivery of each SOW deliverable, we will re-perform or repair non-conforming work at no charge. This is your exclusive remedy for breach of this warranty. EXCEPT AS EXPRESSLY STATED, THE SERVICES AND PLATFORM ARE PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Platform will be uninterrupted or error-free, and no specific uptime commitment applies unless one is stated in an SOW. This warranty covers Services performed under an SOW only. It does not extend to Open Source Software, which carries no warranty of any kind.
Plain English: We stand behind our work and fix defects free for 30 days after delivery. Beyond that written promise, the law makes us say the loud part: no other guarantees, no uptime promise unless your SOW makes one, and no warranty at all on the free open source projects.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. EACH PARTY'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU IN THE 3 MONTHS PRECEDING THE CLAIM. These limits do not apply to breaches of Section 9 (Confidentiality), Section 14 (Indemnification), your payment obligations, or either party's gross negligence or willful misconduct. Liability arising from Open Source Software is governed by the disclaimer in that software's licence rather than by this Section.
Plain English: If something goes wrong, liability is capped at roughly what you paid us recently, except for the things that shouldn't be capped, like leaking secrets on purpose.
14. Indemnification
We will defend and indemnify you against third-party claims that deliverables (excluding your materials, open-source components, and Open Source Software) infringe United States intellectual property rights. You will defend and indemnify us against third-party claims arising from your materials, your use of deliverables in violation of these Terms, or your products and services. The indemnified party must give prompt notice and reasonable cooperation, and the indemnifying party controls the defense.
Plain English: If someone sues you because our code infringed their IP, that's our problem. If someone sues us because of your content or your product, that's yours.
15. Term, Termination, and Handoff
Either party may terminate an SOW for material breach not cured within 15 days of written notice, or as the SOW provides. On termination, you pay for work performed through the termination date, and we deliver work-in-progress for everything paid for. Every engagement ends with a handoff: repositories, credentials, documentation, and a defined definition of done. We do not hold your product hostage.
Plain English: Either side can exit a broken engagement after a chance to fix it. You pay for what was built; you get everything that was built.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflicts of law provisions, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before filing any claim, the parties will attempt in good faith to resolve the dispute through direct negotiation for 30 days.
Plain English: Talk first, court second. If it gets that far, it happens in Delaware.
17. Notices
Notices under these Terms must be in writing and take effect when sent to the other party's designated contact: to Unnamed at legal@theunnamed.dev, and to you at the email address on your account or in the applicable SOW. You are responsible for keeping that address current. Routine operational communication may be sent through the Platform.
Plain English: Formal notices go by email. Keep your address current so you actually get them.
18. General
These Terms plus applicable SOWs are the entire agreement and supersede prior discussions. Neither party may assign these Terms without consent, except to a successor in a merger or asset sale. Neither party is liable for delays caused by events beyond reasonable control. The parties are independent contractors, and nothing here creates a partnership, joint venture, or employment relationship. If a provision is unenforceable, the rest stands. Waivers must be in writing. Sections 6, 7, 8, 9, 10, 13, 14, 16, and 17 survive termination.
Plain English: Standard housekeeping: this is the whole deal, no surprise transfers, force majeure happens, we're separate companies, and one broken clause doesn't sink the document.
19. Changes
We may update these Terms. We will notify account holders of material changes with at least 30 days notice via email; continued use after the effective date constitutes acceptance. Changes do not apply retroactively to an SOW in flight unless both parties agree.
Plain English: If the rules change, you'll hear about it a month ahead, and mid-project changes need your sign-off.
20. Contact
The Unnamed Corp · Questions: legal@theunnamed.dev · General: info@theunnamed.dev