These terms apply when you visit altamar.dev or buy from Altamar. Altamar is a trade name of EBSY LLC, a limited liability company registered in Wyoming, USA. In these terms, “Altamar”, “we” and “us” mean EBSY LLC doing business as Altamar, and “you” means the person or company that visits the site or buys from us. We wrote them to be read, so if something is unclear, ask us before you sign.
#Who we are and who these terms cover
EBSY LLC, doing business as Altamar, is registered in Wyoming, USA. We are a remote team and do not run a public office. You can reach us at hello@altamar.dev, and that is also where legal notices to us go.
You must be at least 18 and, if you buy for a company, have the authority to bind it. If you do, “you” includes that company.
#What we sell
We sell three things:
- Fixed-price projects. Custom software, automations and AI work, delivered for a price agreed in writing before the work starts.
- Support plans. A monthly plan to monitor, fix and improve software we built (or have agreed to take on).
- Voice AI. A voice agent that answers or places calls for your business, provided as a monthly service.
Each one is described in a written scope, proposal or order that you accept (the “written scope”). If the written scope and these terms disagree, the written scope wins for that engagement. Anything not covered in the written scope is not included.
#Written scope and fixed price
Before we start a project we agree, in writing, the scope, the deliverables, the fixed price, the payment schedule, the planned dates and the intellectual property terms. Accepting by email or signature counts.
- Dates are plans. They depend on you giving us access, content, decisions and feedback on time. If those arrive late, the dates move.
- Changes are quoted first. If you ask for something outside the written scope, we tell you what it would add in price and time. We only do it after you accept in writing.
- Acceptance. The written scope says how you review and accept deliverables. If it is silent, a deliverable is accepted when you tell us it is, or when you put it into live use.
#Support plans
A support plan renews every month until you cancel it. What it covers, any allowance of hours or requests, and how fast we aim to respond are set out in the plan. Work outside the plan is quoted separately before we start. Unused allowance does not roll over unless the plan says so.
#Voice AI
Voice AI is billed monthly. Where it applies, the written scope also lists usage and telephony costs (for example call minutes, phone numbers, and speech and language model providers). We pass these through at the rates stated in the written scope, and they appear as separate lines on your invoice.
You are responsible for how you use the service, including:
- telling callers when they are speaking to an automated system, where the law requires it;
- getting any consent needed to record calls;
- following telemarketing, do-not-call and consumer protection laws, such as the U.S. Telephone Consumer Protection Act (TCPA), for any calls you ask the agent to place;
- the information and instructions you give the agent.
A voice agent can make mistakes. Keep a person in the loop for anything high-stakes, and do not use Voice AI for emergency calls. We do not promise that its answers will always be accurate or complete.
#Prices, invoices and payment
- Prices are in U.S. dollars unless the written scope says otherwise, and do not include taxes. You are responsible for sales, VAT and similar taxes. We are responsible for taxes on our own income.
- Project invoices follow the payment schedule in the written scope. Unless the scope says otherwise, invoices are due within 14 days of the invoice date.
- Monthly plans and Voice AI are billed in advance, on the same date each month, to the payment method you gave us. Usage and pass-through costs are billed in arrears.
- If a payment fails or an invoice is overdue, we will tell you in writing. If it is still unpaid 10 business days after that notice, we may pause the work or service until it is paid.
- We will give you at least 30 days’ written notice before changing the price of a monthly plan. You can cancel before the new price takes effect.
#Cancellation and refunds
You can cancel at any time. How cancelling works, when charges stop and what we refund is in our Cancellation Policy, which is part of these terms.
#Intellectual property
Who owns and who may use what we deliver is agreed project by project, in the written scope. We do not assume it.
- If the written scope says nothing, you receive a non-exclusive, non-transferable licence to use the deliverables for your own business, effective once you have paid for them in full. Ownership of source code is not transferred unless the written scope says so.
- Our tools stay ours. We keep everything we owned before the project or build for many clients, including libraries, templates, internal tools and know-how, and the rights to reuse general skills and techniques. If a deliverable includes any of it, you get the right to use it as part of that deliverable.
- Your materials stay yours. Your content, data, brand and anything else you give us remain yours. You give us permission to use them to do the work.
- Third-party and open-source components keep their own licences, which apply to your use of them.
- We will not name you as a client, or publish your results, without your written approval.
#Your data and confidentiality
Your data stays yours. We use it only to provide the services, and we process personal data as described in our Privacy Policy. If you ask, we will sign a mutual NDA before you share anything sensitive.
Each of us will keep the other’s non-public information confidential, use it only for the engagement, and share it only with people and providers who need it and are bound to protect it. This does not cover information that is public, already known to the other side, or required by law to be disclosed.
If we learn of a security incident that affects your data, we will tell you without undue delay, and within any deadline the law sets. Our approach to returning and deleting data at the end of a service is in the Cancellation Policy.
#Acceptable use
Do not use our work or services to break the law, send spam or unlawful marketing, harass or deceive people, impersonate others, infringe other people’s rights, or attack or overload systems. We may pause a service that does, after telling you where we can.
#Third-party services
Our work often relies on services we do not control, such as cloud hosting, telephony, and AI model providers. Their availability, pricing and terms are their own. We will tell you which ones your project depends on, and we are not responsible for outages or changes on their side, although we will help you work around them.
#Warranties and disclaimers
We will do the work with reasonable skill and care. If the written scope includes a period for fixing defects in delivered work, we will fix defects reported within it at no extra charge. After that, fixes are covered by a support plan or quoted separately.
Beyond that, services and the website are provided “as is”. We do not promise uninterrupted or error-free operation, or that software will meet needs we were not told about, and we disclaim all other warranties to the extent the law allows.
#Limitation of liability
To the extent the law allows:
- we are not liable for indirect or consequential losses, or for lost profits, revenue, data or goodwill; and
- our total liability for anything connected with an engagement is limited to the amount you paid us for that engagement in the 12 months before the claim arose.
Nothing in these terms limits liability that cannot be limited by law, such as for fraud.
#Suspension and termination
You can end any engagement as described in the Cancellation Policy.
We can end an engagement if you materially breach these terms or the written scope and do not fix it within 10 business days of our written notice, or immediately if you are using the service unlawfully. We can end a monthly service for any other reason with 30 days’ written notice. If we do, we will refund any prepaid amount for the period after it ends.
Sections that by their nature should continue after an engagement ends (including intellectual property, confidentiality, payment of amounts owed, liability and disputes) do.
#Governing law and disputes
These terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules.
If there is a problem, write to hello@altamar.dev first. We will both try in good faith to resolve it within 30 days. If we cannot, the dispute will be settled by binding arbitration administered by the American Arbitration Association in Cheyenne, Wyoming (or by video if we both agree), and the arbitrator’s decision may be entered in any court that has jurisdiction. Either of us may instead bring an individual claim in a small-claims court that has jurisdiction, and either of us may ask a court for urgent relief to protect confidential information or intellectual property. Claims must be brought individually, not as a class.
#Changes to these terms
We may update these terms. The “last updated” date at the top shows when. Changes apply to the website from then on and to new engagements. An existing engagement keeps the terms in force when you accepted its written scope, unless we both agree otherwise.
#General
- Whole agreement. The written scope, these terms and the Cancellation Policy are the whole agreement between us for an engagement and replace anything earlier.
- If a part is unenforceable, the rest still applies. If we do not enforce a right straight away, we have not given it up.
- Assignment. You may not transfer an engagement without our written consent. We may use subcontractors and may transfer our rights in a merger or sale of the business.
- Events beyond our control. Neither of us is liable for delay caused by events outside reasonable control, such as outages of internet or power, natural disasters or acts of government.
- Business days are Monday to Friday, excluding U.S. federal holidays.
- Notices to us go to hello@altamar.dev. We will send notices to the email address you gave us.
- Language. These terms are published in English and Spanish. If they differ, the English version controls.
#Contact
Questions about these terms? Write to hello@altamar.dev.