Terms of Service

Last Updated: October 16, 2026

Update, October 16, 2026: We revised these Terms throughout. These Terms apply to clients who accept them on or after October 16, 2026. If you became a client before October 16, 2026, the version you accepted applies to you until the date in our notice to you: the version dated October 12, 2026, at theappagency.com/terms-of-service-2026-10-12, if you accepted it on or after October 12, 2026, or the version dated June 25, 2025, at theappagency.com/terms-of-service-2025-06-25, if you became a client before then.

1. Acceptance of Terms

By paying for or using any Camber services (“Service”), you (the “Client”) agree to be bound by these Terms of Service (these “Terms”) with Panhandle and Peninsula Partners LLC, a Florida limited liability company doing business as Camber, Camber Creative, and The App Agency (“Camber,” “we,” “us,” or “our”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not use our Services.

2. Definitions

For purposes of these Terms, the following capitalized terms have the meanings given below:

“Agency Tools” – Camber’s pre-existing or proprietary tools, software, libraries, frameworks, processes, methodologies, know-how, and other intellectual property that are used by us in performing the Services, including any improvements or modifications to them, except those created uniquely for you. Agency Tools run inside Camber-controlled environments. They remain with Camber and are excluded from the Deliverables (see Section 6.1).
“AI Systems” – Camber’s internal artificial intelligence and machine-learning tools, agents, workflows, prompts, instructions, configurations, checks, and integrations, including any improvements to them and any of them that Camber creates, configures, or adapts for your engagement (collectively, our “Agency Intelligence Operating System” or “aiOS”). AI Systems include, without limitation, the processes and software we use to accelerate our work. AI Systems are Camber intellectual property distinct from Agency Tools, and they remain our exclusive property at all times. AI Systems run only inside Camber-controlled environments. Source code, tests, build and deployment configuration, documentation, and anything else Camber delivers to you as part of the work product are Deliverables, not AI Systems. The outputs and Deliverables we produce for you are separate from AI Systems, and any of your Client Materials or Confidential Information that AI Systems process or contain remains subject to Sections 6.3 and 8, and Camber’s ownership of AI Systems does not extend to them.
“Backlog” – The single ranked list of requests, tasks, revisions, and other work items (each, a “Backlog Item”) that you and Camber maintain for your engagement. You set the order of the Backlog, as described in Section 5.1.
“Client Materials” – All information, content, materials, data, software, designs, documentation, trademarks, logos, or other assets that you provide to Camber for use in performing the Services or for incorporation into Deliverables.
“Complimentary Audit” – The free aiOS Codebase Health Report described in Section 3.9, provided by Camber at no charge and leaving any purchase of Services entirely at your option.
“Confidential Information” – Any non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”) that is designated as confidential or that should reasonably be understood to be confidential under the circumstances. Confidential Information excludes information that: (i) is or becomes publicly available through no fault of the Recipient; (ii) was rightfully known or received by the Recipient on a non-confidential basis from a third party not under a confidentiality obligation; (iii) is independently developed by the Recipient without reference to the Discloser’s information; or (iv) is required to be disclosed by law (in which case the Recipient will give advance notice to the extent lawful).
“Deliverables” – The work product, software, designs, documentation, or other materials that Camber finally delivers to you as a result of the Services under your Service Plan. Deliverables may include or incorporate Client Materials and/or Third-Party Materials. Deliverables exclude all AI Systems and Agency Tools, and all undelivered drafts, concepts, and Unused Intellectual Property.
“Regulated Data” – Any of the following: (a) protected health information as defined in 45 C.F.R. § 160.103; (b) other information about an identifiable individual’s medical history, physical or mental condition, or medical treatment or diagnosis, and health insurance policy or subscriber numbers; (c) payment card numbers or card security codes, or financial account numbers together with any code or password that permits access to the account; (d) Social Security, driver license, passport, or other government-issued identification numbers; (e) personal information collected online from a child under 13 that is subject to the Children’s Online Privacy Protection Act; and (f) biometric data, meaning data generated by automatic measurement of an individual’s biological characteristics (such as fingerprints, voiceprints, or iris or face templates) and used to identify that individual. Ordinary photographs and video are not biometric data for this purpose. Data that has been de-identified so that it no longer identifies any individual (for protected health information, de-identified under 45 C.F.R. § 164.514(b)), and fictitious test data, are not Regulated Data.
“Service Plan” – The subscription plan or tier you have selected for Services, as described on our website, marketing materials, or order form at the time of subscription. Each Service Plan defines the service types available to you and its pricing (and may be updated from time to time as provided in these Terms).
“Third-Party Materials” – Any third-party software, open-source components, libraries, APIs, fonts, images, data, or other materials created by a party other than Camber or Client, which are used or incorporated in the Deliverables.
“Unused Intellectual Property” – Any inventions, concepts, designs, code, or other intellectual property developed by Camber during the course of providing Services that remain outside the Deliverables. (For example, features or ideas created in the process that you choose not to include in the final product.) Unused Intellectual Property excludes your Client Materials and Confidential Information. Camber retains all rights to Unused Intellectual Property.

3. Services

3.1 Service Description

Camber provides ongoing digital product development, design, maintenance, and related creative software services (“Services”) to Clients through subscription-based Service Plans. Our Service Plans are offered on a monthly subscription basis, month-to-month, with no longer-term commitment and cover a range of needs such as application design, development (web, iOS, Android), product maintenance, and optimization, as described in our plan listings. Each Service Plan has one flat monthly price, which covers our human team’s work and governed agent execution together. Fees are set by your Service Plan, independently of the hours worked, the materials used, or the scope of any single project. Work proceeds in the priority order you set, on an iterative, agile workflow (see Sections 3.8 and 5.1). This means we continuously work on your prioritized requests and goals each month, and specific deliverables or outcomes in any given period may vary.

Camber also offers the Complimentary Audit described in Section 3.9. The Complimentary Audit is provided at no charge, without a Service Plan, and without any obligation on your part to purchase Services. Sections 3.9, 3.10, and 3.11 govern it.

Note: Service Plan features (including pricing, included services, or turnaround targets) may evolve over time. Camber reserves the right to modify the offerings of its Service Plans at its discretion. We will inform you of any material changes to your plan, and any changes to fees or core features will apply only prospectively (e.g. starting from your next renewal or billing period).

3.2 Service Performance and Quality

We commit to providing the Services in a professional and high-quality manner. In particular:

Commercially Reasonable Care: We will perform Services with commercially reasonable care, skill, and diligence, in accordance with generally accepted industry standards for software development and design services.
Qualified Personnel: We will assign personnel (employees or vetted contractors) who are properly skilled and experienced in their disciplines to fulfill our obligations under your Service Plan. Camber’s team has been fully remote since 2014, and we maintain a U.S.-based team of experts across multiple time zones.
Best Practices: We use well-established technologies and industry best practices in our work. In repositories where we require them, every change must pass automated checks and an independent AI code review before it merges. We build on modern frameworks (such as Swift/SwiftUI for iOS, Kotlin/Jetpack for Android, React/TypeScript for web, etc.) that are stable and widely supported, and we integrate DevOps, testing, and CI/CD best practices into our process.
Scope of Services: We will provide the types of services outlined in your Service Plan (such as UX/UI design, frontend and backend development, testing/QA, and project management). We will use the specifications or goals that we mutually define (typically through a monthly planning process or request tickets) to guide our work. However, due to the agile nature of our engagement, specific features or tasks to be completed each month will be determined collaboratively and may be adjusted based on feedback and priorities.

3.3 AI-Accelerated Delivery (aiOS)

Camber leverages its proprietary AI Systems (“aiOS”) to help deliver work faster and more efficiently. You expressly authorize Camber to use AI and machine-learning tools and services as part of providing the Services, under the following conditions and representations:

Privacy of Data: We use third-party AI services to help deliver the Services. Model training is off on every Claude account we use for your work and on the code-review and model-routing services our agents use, and we don’t turn it back on. Camber does not use your source code, Client Materials, or Confidential Information to train, fine-tune, or otherwise improve any AI model. Our providers may keep submitted data for periods their own terms set, including to detect abuse and to comply with law; may use it, and information derived from it, such as classifications and statistics, to improve their products and services; and a provider may use material that its systems flag for safety review, or that is submitted to it as feedback, to train its models, for example to improve its ability to detect harmful content and enforce its policies. Section 6.3 describes the limited, anonymized operational learnings Camber may retain from the work.
Human Oversight: Camber’s team directs and supervises our AI Systems and is responsible for the work they produce. AI assists our team (for example, generating boilerplate code or suggesting design variations), and the work must pass the checks described in Section 3.2 to meet our quality standards, security practices, and maintainability requirements.
Camber’s IP: All AI Systems (including prompts, custom AI workflows, agent configurations, and any internal tools we develop, including those configured for your engagement) are Camber’s exclusive intellectual property and proprietary methods, distinct from Agency Tools (see Section 2). No AI Systems themselves are licensed or transferred to you at any point. You receive the benefit of AI-accelerated work in the Deliverables.
No Client Rights in AI Systems: You receive no ownership or license rights to Camber’s AI Systems or AI methodologies. Any Deliverables we produce for you may be created with the assistance of AI, but the underlying AI tools, models, or configurations are not part of the Deliverables and remain Camber’s property. Access to any AI-driven capabilities is only provided to you as part of our Services during an active subscription.
Compliance: Our use of AI tools will comply with applicable laws and regulations and will be done in a manner consistent with industry standards and ethical use of AI. We will not use AI in ways that violate privacy laws or intellectual property rights.

3.4 Work Stoppage and Payment Failures

Camber reserves the right to suspend work if you breach these Terms or fail to make timely payment. In particular, if a payment fails or is late, or if you otherwise materially breach any obligation:

Suspension of Services: We may suspend the provision of Services immediately if any invoice payment is declined, overdue, or if you are in material breach of these Terms. During a suspension, no new work will be started and active work will pause.
Notice and Cure: We will generally notify you if a payment fails (for example, if your credit card is declined) and allow a grace period of 7 days for you to resolve the issue. If you cure the breach (e.g. make the payment or otherwise fix the issue) within that time, we will resume Services.
Ongoing Subscription: During any period of suspension, your subscription may remain active (meaning you are still responsible for payment for that period), but we may require schedule or deliverable adjustments once work resumes to account for the downtime.
Automatic Termination: If a payment issue is not resolved within 7 days of the due date (or if a material breach other than payment is not cured within the cure period provided in Section 11.2), Camber may terminate your subscription for cause (see Section 11 below for effects of termination).
Liability: Camber will not be liable for any delays or failure to deliver Services or Deliverables during a suspension caused by your breach or payment failure. Any timeline or turnaround estimates will be reset or extended appropriately when work resumes.

3.5 Third-Party Dependencies

You acknowledge that the Deliverables we create for you will often rely on third-party platforms or technologies (for example, mobile operating systems like iOS/Android, third-party libraries or frameworks, external APIs, app store policies, web browser standards, cloud services, etc.). These third-party dependencies are outside of Camber’s control, and their changes can impact the functionality or performance of the Deliverables. Therefore:

No Ongoing Guarantee: Camber does not warrant or guarantee that any Deliverable will remain compatible with or function uninterrupted on third-party platforms or with third-party services that are updated, modified, or deprecated outside of our control. For example, if Apple or Google change their API requirements, or if a third-party service your app relies on changes its terms or functionality, the Deliverable’s performance might be affected.
Evolving Maintenance: Keeping Deliverables up-to-date with changes in third-party dependencies is considered part of ongoing maintenance and new development. If such changes occur, addressing them will be treated as new requests or tasks within your Service Plan. We will work with you to prioritize such updates as needed, and they are classed as new work resulting from external change, distinct from “bugs” or defects in our Deliverable.
Inherent Risk: The nature of custom software means that ongoing updates and adjustments may be required to maintain optimal functionality. We encourage you to keep an active Service Plan for any live product, so that we can promptly handle updates (such as OS updates, library updates, and security patches).
No Third-Party Performance Guarantee: Camber is not responsible for the performance or availability of any third-party services, infrastructure, or APIs. We will use reasonable efforts to choose reliable third-party components and to build robust integrations, but we cannot control uptime or changes of those third parties.

3.6 Service Limitations

The scope of Services is extensive, but certain things fall outside our engagement unless expressly agreed otherwise. Unless explicitly included in your Service Plan, the following are outside the scope of Camber’s Services:

Legal or IP Clearances: We do not provide trademark, patent, or copyright searches or clearance opinions for names, logos, or content you use. (For example, we won’t research whether your app name infringes someone’s trademark – that is your responsibility.)
Legal Documents & Compliance Consulting: We do not draft legal documents for your product (such as privacy policies, terms of use for your end-users, or end-user license agreements), and we do not provide advice on regulatory compliance. We may implement features you request (for example, a cookie banner for GDPR or certain security measures for HIPAA), but any compliance feature we build is based on your requirements, and we make no guarantee that it fully satisfies legal obligations. You should consult your own legal counsel to ensure your product complies with applicable laws (see also Section 7.4, Disclaimer of Warranties).
Third-Party Costs: Our fees do not cover any third-party costs or fees that might be required for your project. For example, fees for app store developer accounts, third-party API usage charges, hosting or cloud service fees, domain registrations, etc., are your responsibility. We will typically use accounts and services that you provide for such resources (or pass through the cost at cost if we incur them on your behalf, with your approval).
Third-Party Services’ Performance: We are not responsible for errors or downtime caused by third-party services, platforms, or libraries. (If such issues arise, we can help you communicate with the third-party or work on possible solutions, but it’s not considered our breach.)
Regulatory Compliance Guarantee: While we adhere to industry best practices (and will use tools that advertise compliance features, such as HIPAA-compliant hosting if you request it), Camber does not guarantee that the Deliverables or Services will comply with any specific law or regulation. This includes, but is not limited to, privacy laws (e.g. GDPR, CCPA), healthcare laws (e.g. HIPAA), accessibility standards (e.g. ADA/WCAG), financial regulations, or any other industry-specific rules. It is your responsibility to inform us of any regulatory requirements for your project and to seek independent legal review of the product for compliance. Building a feature for regulated data does not mean we receive that data; Section 13.5 applies.

3.7 No Guaranteed Outcomes or Deadlines

You acknowledge and agree that due to the iterative and agile nature of our Services, Camber cannot and does not guarantee any specific outcome, feature completion, or timeline. All schedules, roadmaps, or turnaround times we discuss (including any “3-day average” or “5-day average” turnaround targets for requests under certain plans) are estimates and goals, not hard deadlines. Our approach is to continuously deliver the most valuable features as quickly as possible, gather feedback, and then decide next steps together. As such:

We will do our best to meet your priorities promptly and keep work moving efficiently, but no feature or request is promised to be delivered by a specific date or within a minimum period.
Any target turnaround times are averages under ideal conditions. Actual delivery times for a given request may be shorter or longer depending on complexity, your feedback/availability, and overall workload in the queue.
No delay in delivering any particular feature or Deliverable, nor any failure to achieve a particular result (e.g. a certain level of user engagement), will constitute a breach of these Terms, so long as we are making commercially reasonable efforts and communicating with you about progress.
We encourage building and releasing incrementally. We may recommend adjusting priorities or scope to help you achieve a usable release sooner, but the decision of what to build next is ultimately yours (subject to technical dependencies).

3.8 Flat Monthly Plans

Each Service Plan has one flat monthly price, which covers our human team’s work and governed agent execution together on your Backlog, in the priority order you set. Your fees are set by your Service Plan, independently of the time or resources Camber applies to any Backlog Item.

What your plan covers: Work Camber performs on your Backlog is covered by your Service Plan fee. This includes research, product and technical planning, design, engineering, testing and verification, review cycles, revisions and follow-up improvements, documentation, and release preparation. Onboarding of your engagement, routine account administration, and billing support are also included.
Waiting on you: When work on an item is blocked on you, for example while we wait for access or credentials, an answer to a question we have asked, or your review or approval of a deliverable, we move to the next ready item in your priority order where there is one.
No overages: Camber does not bill overages. We will not charge you more than your then-current Service Plan fee for work on your Backlog unless you approve it in advance, for example by moving to a higher-priced Service Plan under Section 4.3. Third-party costs are handled as Section 3.6 describes.
Increases: You may move to a higher-priced Service Plan at any time during a service period. An approved move takes effect immediately and is charged at the prorated difference for the remainder of the then-current service period, as described in Section 4.3.
Decreases, pauses, and cancellations: Decreases, pauses, and cancellations take effect at your next monthly renewal, subject to the notice deadline in Sections 4.3 and 11.2.
No guarantee of volume: Your Service Plan does not commit Camber to complete a particular feature, item, or quantity of work in any period. The work completed in any period depends on factors that include the work each item requires, dependencies between items, and the priority order you set. Section 3.7 applies.

3.9 The Complimentary Audit (aiOS Codebase Health Report)

Camber makes a limited number of Complimentary Audits available each week. A Complimentary Audit is a point-in-time assessment of one authorized source repository, delivered to you as a private report.

No fee and no obligation: The Complimentary Audit is provided free of charge. No Service Plan, purchase, sales call, or readout is required, and you keep the report whether or not you engage Camber. Applying creates no obligation on either party.
One repository: A Complimentary Audit covers one repository. Eligible repositories are a single backend or API repository, a single full-stack web repository, or a single mobile repository (native or cross-platform). Multi-repository systems fall outside the Complimentary Audit.
Source access is required: Camber cannot perform a Complimentary Audit without authorized read access to the source. Section 3.10 governs how that access is granted, limited, revoked, and handled.
Availability: Camber reviews applications for eligibility and may decline any application, or change or discontinue the Complimentary Audit offer, at its discretion and without liability.
Delivery: Camber aims to deliver most reports within 24 hours of confirmed source access. This is a target, not a commitment, and Section 3.7 applies.
Your report: The report is yours to keep, use internally, and share within your organization.
Once per client: Unless Camber agrees otherwise in writing, the Complimentary Audit is available once per client, counted across a client and its parents, subsidiaries, affiliates, successors, and other entities under common control.

3.10 Audit Access, Authorization, and Data Handling

This Section 3.10 applies to any source access you grant Camber for a Complimentary Audit, in addition to Sections 8 (Confidentiality) and 13 (Privacy and Data Security).

Your authorization and authority: By granting Camber access to a repository, you represent and warrant that (i) you own that repository or are otherwise authorized to grant access to it and to have it assessed; (ii) you have the authority to bind the entity that owns it; (iii) granting that access does not violate any agreement, license, or policy binding on you, including any employer, client, or third-party confidentiality obligation; and (iv) you have obtained every consent required from any other rights holder. You are responsible for what you give us access to. If you are not authorized to grant access, do not apply.
Applying does not grant access: Applying for a Complimentary Audit does not give Camber access to your code. Camber will never ask you to paste repository credentials, tokens, or passwords into an application form, and you should never provide them that way. A request that asks you to do so did not come from Camber.
How access is granted: Camber accepts access granted through the hosting platform’s own access-control mechanism only. For a repository hosted on GitHub, you invite @the-app-agency to the authorized repository. For a repository hosted in Replit, Lovable, Bolt, or a similar builder workspace, you invite [email protected] to the authorized workspace. Camber does not accept access by any other method for a Complimentary Audit without prior written agreement.
Least privilege: Camber requests read-only access to the single authorized repository and nothing more. As part of a Complimentary Audit, Camber will not write to, modify, merge into, delete from, or deploy from your repository, and will not use the access to reach any other repository, environment, account, or system.
Keep secrets out: Please do not place live credentials, production secrets, or production personal data in the repository you make available for the audit. If Camber encounters what appears to be a live secret, we will tell you promptly and will not use it. Section 13.5 applies to any Regulated Data in a repository you make available.
Revocation: You may revoke Camber’s access at any time, for any reason, without notice and without penalty. Revoking access before delivery may mean the report cannot be completed.
Retention and deletion: Camber will retain any copy of your source, including clones, working directories, and session records on our machines, only as long as needed to prepare and support the report, and in any event will delete it within thirty (30) days after the report is delivered or the audit is abandoned, whichever comes first. Copies processed by our AI and code-review providers are kept and deleted under each provider’s own retention terms. You may request earlier deletion at any time, and Camber will complete it within ten (10) business days of your request, except for routine backups that expire on their ordinary cycle and anything we are required by law to retain. Camber may retain the report itself, its own findings records, and the record of your acceptance of these Terms as part of its business records. The report may quote short excerpts of your source code, with file paths, as evidence for its findings; we keep the report, and those excerpts, as part of our records.
Incident handling: If Camber discovers any unauthorized access to or disclosure of your source or other material you provided for the audit, Camber will notify you without undue delay after discovering it, and in any event within seventy-two (72) hours after confirming the incident, or sooner if the law requires. We will describe what we know at that time and cooperate reasonably with your response.
No training: Material you make available for a Complimentary Audit is Confidential Information. Camber does not use it to train, fine-tune, or otherwise improve any AI model. You authorize Camber to use AI services to prepare the report, and the “Privacy of Data” and “Compliance” provisions of Section 3.3 apply to that use.

3.11 Nature and Limitations of the Complimentary Audit

The Complimentary Audit is solely a point-in-time assessment. You acknowledge and agree that:

The report reflects the state of the repository only as of the time of assessment. It is a one-time snapshot, and its findings speak only to that moment.
The report may contain false positives, and it may omit real problems. Findings are produced by governed automated analysis, which can be wrong. Each finding identifies a potential issue for you to evaluate, and an area of the repository with no finding may still contain defects.
The Complimentary Audit assesses the contents of one repository only. Penetration testing, security assessment of your running systems, infrastructure vulnerability scanning, compliance audits, certifications or attestations, and legal opinions fall outside its scope. It excludes any guarantee of defect-free, secure, or legally compliant software.
Every grade, score, and finding in the report is an informational assessment, given without warranty or representation about your software’s fitness, security, legal compliance, or value.
The decisions are yours. The report is information to inform your judgment. Camber is not liable for decisions you or anyone else makes on the basis of it. Sections 7.4 (Disclaimer of Warranties), 9 (Limitation of Liability), and the “No Legal Advice” provision of Section 12 apply to the Complimentary Audit in full.
Because the Complimentary Audit is provided at no charge, it is provided “AS IS” and without warranty of any kind, and the cap in Section 9.1 does not apply to it. Instead: (a) Camber’s total liability arising out of or relating to the report, its findings, or any decision made on the basis of it is limited to one hundred U.S. dollars (US$100); (b) Camber’s total liability for any breach of Section 3.10 or Section 8 involving material you made available for the audit is limited to three million U.S. dollars (US$3,000,000); and (c) neither limit applies to liability for fraud or intentional misconduct, or to any other liability that cannot be limited by law. Section 9.2 applies in full. Section 9.3 does not apply to the Complimentary Audit, except as stated in clause (c). For clarity, any indemnification obligation under Section 10 arising out of or relating to a Complimentary Audit is subject to the limits in clauses (a) and (b).

4. Billing and Payment

4.1 Subscription Fees

By enrolling in a Service Plan, you agree to pay the subscription fees applicable to that plan. Fees are charged monthly and must be paid in advance of each service period.

All Service Plans are month-to-month. You pay on a monthly basis at the standard rate listed for your chosen plan, and the term automatically renews each month unless canceled (see Section 11 for termination). Camber does not offer annual, fixed-term, or other longer-term commitment plans, and no minimum term applies to your subscription.

All fees are stated and charged in U.S. Dollars (USD). You authorize Camber (or our payment processor) to charge your provided payment method for the subscription fees on a recurring basis.

4.2 Payment Processing and Terms

Automatic Billing: You must provide a valid payment method (e.g. credit card or ACH) at the time of signup. We will automatically charge your payment method on the first day of each billing period (typically the same day of the month as your initial subscription start).
Invoice Option: In some cases, with our approval, we may agree to invoice you rather than automatic card charging. Invoiced amounts are due net 15 days from invoice date unless otherwise specified.
Taxes: Our fees do not include any sales, use, value-added, or similar taxes. You are responsible for all taxes (if any) on the Services provided under these Terms, except taxes on Camber’s income. If Camber is required to collect or pay any such taxes, those will be added to your charges or invoiced separately. (For example, if a state requires sales tax on software services, we will charge that in addition to our fees.)
Late Payment: Any invoiced amounts not paid by the due date (or any automatic charge that is declined and not cured promptly) may accrue interest at the rate of 1.5% per month (or the highest rate allowed by law, if lower), from the due date until paid. You will be responsible for any reasonable attorneys’ fees and costs we incur in collecting overdue amounts.
No Refunds (Partial Periods): Except as expressly provided in Section 11 (Termination), Camber does not provide refunds or credits for partial months of service or unused time in your subscription period. Once a billing period has started, the associated fee is generally non-refundable. For example, if you decide to cancel halfway through a month, you will not receive a pro-rated refund for the remaining days of that month. The only refund Camber offers is the initial-engagement refund in Section 11.3, which is limited to the first seven calendar days of your first paid engagement.

4.3 Fee Changes and Plan Adjustments

Changes in Fees: Camber may adjust the pricing for any Service Plan (or introduce new fees) upon at least 30 days’ advance notice. We will notify you (for example, by email or via the service interface) of any increase in your recurring fees. New pricing takes effect only prospectively, at your first monthly renewal after the notice period ends.
Increases (Upgrades): You may move to a higher-priced Service Plan at any time, with no advance notice required. An approved increase takes effect immediately, and we will charge the prorated difference for the remainder of the then-current billing period. Your next full billing period is charged at the new rate.
Decreases, Pauses, and Cancellations: A decrease, a pause, or a cancellation takes effect at your next monthly renewal, not mid-period. To take effect at your next monthly renewal, we must receive your written request at least three (3) business days before your renewal date. A request received after that deadline takes effect at the renewal following. Your Services continue on your current Service Plan through the end of the period you have already paid for. Send the request by email to [email protected] or in your Camber team chat channel. A “business day” is Monday through Friday, excluding U.S. federal holidays, ending at 5:00 p.m. Eastern Time.
Confirmation of Changes: We will confirm any agreed-upon change in writing (which can include email or team chat confirmation). Until a change is confirmed by us, your existing Service Plan and fees remain in effect.

5. Client Responsibilities

A successful ongoing development partnership requires effort and communication from both sides. By agreeing to these Terms, you acknowledge that your timely participation and cooperation are essential to our ability to deliver the Services. Key responsibilities for you include:

Provide Necessary Materials: You will provide all Client Materials, information, and assets that we reasonably need to perform the Services. This may include branding assets, existing code or design files, server credentials, API keys, sample data, or other materials relevant to the project (Client Materials must not include Regulated Data except as Section 13.5 allows). You agree to provide such items in a timely manner and represent that you have all necessary rights to share them with us.
Stakeholder Availability: You will ensure that key decision-makers or stakeholders on your side are available and responsive throughout the course of the Services. We work in an asynchronous, remote-friendly manner, but we may need clarifications, quick feedback, or decisions from you to avoid delays. In particular, you will designate a single point of contact (such as a product owner or project manager on your team) through whom all your instructions, feedback, and approvals will flow. This helps avoid confusion and conflicting directions.
Timely Feedback and Approvals: You agree to review deliverables, prototypes, or completed requests promptly and provide consolidated feedback or approval within five (5) business days of receiving each deliverable, unless a different review period is agreed upon. If you do not respond with feedback or approval within 5 business days for a given deliverable or request, it may be deemed accepted by default (and we may move on to the next tasks). Rapid iteration is a goal of our process, so your prompt feedback is crucial.
Access and Credentials: You will provide Camber with any necessary access to third-party systems, accounts, development environments, or App Store/Play Console accounts, etc., that we need to integrate or deploy the Deliverables. For example, if we are to publish an app update, we’ll need access to your developer account or a way to deliver builds to you. You will also ensure any required licenses for third-party software (that you choose to use) are obtained and accessible. Access you grant is subject to Section 13.5; do not grant access that lets Camber view or export Regulated Data unless a signed agreement under Section 13.5 allows it.
Collaboration Tools: Our primary collaboration channels are typically Camber’s team chat workspace (for daily communication) and a project management tool for tracking requests. You agree to use the provided channels for project communication to keep everything organized. We may also schedule occasional meetings or calls (e.g. voice or video calls) as appropriate, but we generally operate “async-first” to maximize productivity.
Decision Making: You will carefully consider and prioritize the features and requests you ask us to work on. While we will contribute our expertise and advice (and may challenge assumptions to help build a better product), ultimately you are responsible for setting the direction and goals for the project. Camber is entitled to rely on the instructions and approvals given by your designated point of contact as binding decisions on behalf of the Client.

Failure to Fulfill Responsibilities: If you do not meet your obligations above (for example, if you are unresponsive for extended periods, do not provide needed materials, or delay feedback), it can impact our ability to deliver. In such cases, we may adjust timelines or sequence of work, and if the delays are significant, it might require a change in the Service Plan or could be treated as a breach on your part. We will communicate with you about any such issues and attempt to resolve them collaboratively.

5.1 Backlog, Priority, and Revisions

Camber’s Service Plans operate on a single ranked Backlog, designed to give you flexibility and control over what we work on at any given time. Here is how the Backlog and revision process works:

Unrestricted Backlog: You may add an unrestricted number of items to your Backlog, across any of the disciplines included in your plan (for example product, design, frontend, backend, quality, and documentation). Your Backlog may hold any number of items, and you may add or replace them as often as you wish. Execution follows the priority order you set (see Section 3.8). The volume of output in any period depends on factors that include the work each item requires and dependencies between items, without any commitment to a particular volume, and Section 3.7 applies.
Platforms and Repositories: Your engagement may span multiple platforms, products, repositories, and codebases. Work under your Service Plan may be applied across iOS, Android, web, backend, API, and other surfaces, and across more than one repository, within the same monthly service period, in whatever mix your priority order calls for. The only restrictions that apply are these: (i) work must fall within the service types described in your Service Plan and must not be excluded by Section 3.6; (ii) Camber must have the access described in Section 5 for each system you ask us to work on; (iii) work proceeds in your priority order under Section 3.8; and (iv) Camber may decline work that lies outside our competence, that we reasonably believe to be unlawful or unsafe, or that would breach a third party’s rights.
Priority Order: You control the order of the Backlog. We will typically help you groom and prioritize it during onboarding and in ongoing planning discussions (often through planning sessions or via team chat and your project-tracking tool). You decide which item is next most important, and we work down the list from the top. You may add, remove, or re-order items at any time. A change in priority applies to work not yet started, and to work already underway at the next sensible stopping point.
Turnaround and Queue: Once an item reaches the top of your priority order and is ready to start, our team begins work on it. We aim to complete most individual items within a few days, depending on complexity. Larger features may take longer or be broken into several items. We will keep you informed of progress regularly. Section 3.7 (No Guaranteed Outcomes or Deadlines) applies.
Revisions: Revisions and follow-up improvements are ordinary Backlog Items. When we deliver a draft or an initial completion, you may ask for changes, and those changes are ranked in the Backlog alongside everything else. Revisions follow the same Backlog process as all other work and are covered by your Service Plan fee. Like all work, they are governed by the priority you assign them.
Acceptance: Once you are satisfied with the result of an item and signify acceptance (or the review period in Section 5 passes with no requested changes), that item is considered complete, and we continue down your priority order.
Parallel Execution: Camber may work on more than one item at a time in each discipline. As long as approved work is ready, senior human steering and governed agent execution may progress multiple Backlog Items concurrently, including outside business hours. How much runs in parallel at any moment is Camber’s operational judgment, based on factors that include your priority order and dependencies between items. Your human Camber team is generally available during Eastern business hours.
Emergency or Quick Tasks: If an urgent issue arises (for instance, a critical bug in a live app, or an unexpected change in a third-party API that breaks functionality), you can alert us and move it to the top of your priority order. We will pause current work where feasible to address truly critical issues. Maintenance work – bug fixes, security patches, dependency updates – is part of the Service and is covered by your Service Plan fee like any other work.

Overall, this model is designed to ensure you get continuous value and flexibility. You are in control of what we work on and can adapt as your needs evolve. Our team will maintain open communication to help you make the most of the Service.

6. Intellectual Property Rights

6.1 Ownership of Deliverables; Agency Tools and AI Systems

Ownership: Upon your payment in full for the Services (and subject to these Terms), Camber hereby assigns to you all rights, title, and interest in and to the Deliverables that are specifically created for you under your Service Plan, except as noted below. This means the custom software, designs, or other work product we deliver to you will belong to you.

Exceptions: Notwithstanding the above, the following components of the Deliverables are subject to additional conditions:

Agency Tools and AI Systems: Camber’s Agency Tools and AI Systems (aiOS) are not delivered to you and are not part of the Deliverables. They run only inside Camber-controlled environments, and Camber removes them from the work product before delivery. No Agency Tool or AI System is required for your Deliverables to build, run, deploy, or be maintained – by you, by your own team, or by any other developer you choose. Because nothing of ours is delivered to you, no license to Agency Tools or AI Systems is granted to you, none is needed by you, and none can lapse when the engagement ends. You receive no ownership of, license to, or right to access Camber’s Agency Tools or AI Systems at any time, and you may not extract, reverse engineer, or attempt to reconstruct them. For clarity, general-purpose third-party and open-source components that we select and integrate for you are Third-Party Materials, not Agency Tools, and they are delivered with the Deliverables under their own licenses.
Third-Party Materials: Any Third-Party Materials incorporated in Deliverables are subject to their own license terms. Upon request, Camber will provide or identify to you the relevant third-party licenses (for example, open source licenses) that apply to such components. You agree to comply with all applicable Third-Party Material license terms. Many open-source components will have permissive licenses (like MIT, Apache, etc.) but some may require attribution or have other conditions – we will make those clear when delivering the product. If any Third-Party Materials require that source code be provided (e.g. due to an open source license), we will provide that source as part of the Deliverable.
Unused Intellectual Property: Camber retains ownership of any Unused Intellectual Property (as defined in Section 2). If there are features or ideas we developed but did not incorporate into the Deliverables, we are free to use those in other projects or for other clients in the future (so long as they do not include your Confidential Information or Client Materials). We agree, however, that we will not knowingly incorporate any of your Confidential Information or proprietary Client Materials in work for other clients.

Effect of Termination: Your ownership of the Deliverables is conditioned on payment. If you terminate the Services early or fail to pay for Deliverables, you will not receive rights to those Deliverables until the payment issue is resolved. Because no Agency Tools or AI Systems are delivered to you, nothing you have received from Camber stops working, loses a license, or becomes unusable when the engagement ends. If Camber terminates the engagement without cause, the termination takes effect at the end of your current paid period (Section 11.2), and you will retain rights to any Deliverables produced and paid for up to that point. See Section 11 for more detail on termination consequences.

6.2 License to Client Materials

You retain all rights to your Client Materials. By providing Client Materials to Camber, however, you grant Camber a limited, non-exclusive license to use, copy, modify, and create derivative works from your Client Materials solely as needed to perform the Services or incorporate them into Deliverables for you. For example, if you provide logos or content for the app, we have the right to integrate them; if you provide existing code, we can modify and use that code to build your Deliverables. This license is royalty-free and worldwide. Camber will not use your Client Materials for any purpose other than delivering Services to you (except as permitted under the Portfolio Rights section or as required by law or in legal proceedings). Upon your request after termination, we will return or delete Client Materials that remain in our possession, except for archival backups or as otherwise required for legal record-keeping.

You represent and warrant that you have all necessary rights in the Client Materials you provide, such that our use of them to perform the Services will not infringe any third-party rights (see also Client Warranties in Section 7.3). If any Client Materials are subject to specific licenses (e.g. third-party software you have licensed, or open source components), you will inform us of those license requirements if they could impact how we use them.

6.3 AI Systems, Model Training, and Operational Learnings

Camber’s AI Systems (aiOS) and internal processes remain our sole property.

No training on your data. Camber does not use your source code, Client Materials, or Confidential Information to train, fine-tune, or otherwise improve any AI model. Model training is off on the AI accounts and services Section 3.3 describes, and we don’t turn it back on (see Section 3.3, including what providers may retain and use under their own terms). We do not sell, license, or otherwise make your material available to any AI provider for training purposes.

What Camber may retain. Camber may retain and reuse generalized know-how and anonymized operational learnings from the work, limited to the following and only on the condition that they contain none of your Confidential Information, Client Materials, source code, data, or business specifics, and nothing from which you or your product could be identified:

General expertise: engineering and design knowledge, techniques, and approaches our people acquire in the ordinary course of the work – the expertise our team carries from one engagement to the next. For example, if we solve a challenging technical problem in a generic way, we may use that approach in future projects.
Improvements to our own system: generic improvements to Camber’s internal prompts, workflows, standards, checks, and agent configurations. For example, if one of our review checks misses a class of problem, we may improve that check.
Aggregated delivery metrics: aggregated, anonymized measurements about our own delivery process, such as how long a category of work tends to take, how often a check fires, or how much capacity a class of task consumes.

What Camber may not retain. Camber will not retain your source code, your data, or your Confidential Information in our AI Systems, prompt libraries, model configurations, or internal reference material beyond what is needed to perform the Services for you, and will delete such material in accordance with Sections 8 and 13.

Nothing in these Terms will be construed as assigning or granting to you rights in Camber’s generalized knowledge or tools. You benefit from our continually improving expertise, but you don’t own that expertise.

6.4 Portfolio Rights (Limited Publicity)

Camber is proud of the work we do and likes to showcase successful projects. You agree that, once a Deliverable or project is launched or made public by you, Camber may disclose the fact that we worked on it and may display or describe the Deliverables for promotional purposes. Specifically, Camber may:

Identify You as Client: List your company/name and logo in our client list or marketing materials, and state that you are a client of Camber. (We will not, however, use your name or logo in any way that suggests an endorsement of our services without your separate consent.)
Describe the Engagement: Briefly describe the nature of the Services we provided to you in case studies or on our website/portfolio (e.g. “Camber partnered with [Client] to design and build their e-commerce mobile app”). We may mention high-level outcomes or notable aspects, but we will not disclose any of your Confidential Information in doing so.
Show Visuals of Deliverables: Use non-confidential screenshots, designs, or other visual elements of the Deliverables in our portfolio or marketing materials. Typically this would only be after the product is publicly available or launched. If there are certain parts of the Deliverables you prefer us not to showcase (for example, if they contain sensitive information or you have a stealth mode product), please inform us and we will accommodate reasonable restrictions.

We will seek your permission before issuing any press release or blog post that goes into detail about the project, or before timing any announcement that might precede your own launch announcement. Our intent is to promote our services while being respectful of your marketing plans and confidential matters. If you have specific branding guidelines or publicity requirements (such as using ™ or ® symbols with your logos, or disclaiming a partnership), please let us know in advance.

This Section 6.4 survives termination of the engagement, but if you terminate for any reason and prefer not to be listed in our portfolio going forward, you can send us a written request and we will cease further use of your name/logo in new marketing materials (we may not be able to retract things already published, but we will honor going forward).

7. Warranties and Disclaimers

7.1 Mutual Warranties

Authority and No Conflicts: Each party represents and warrants that (i) it has full power and authority to enter into and perform this agreement, and doing so will not violate any other agreement to which it is a party; and (ii) each party will comply with all laws and regulations applicable to its performance under these Terms. For you as the Client, this means (for example) that you have obtained any necessary rights or consents to the data you ask us to process, and that your use of the Deliverables will be in accordance with law. For Camber, this means (for example) that we will follow applicable export control laws, data protection laws (with respect to how we handle any personal data you provide), and general business regulations in providing the Services.

7.2 Camber’s Warranties (Service Warranties)

Camber provides the following limited warranties regarding the Services and Deliverables:

Professional Quality: We warrant that our Services will be performed in a professional and workmanlike manner, with reasonable care, and in accordance with generally accepted industry standards. Our team members assigned will be suitably skilled and experienced for their tasks.
Conformance to Specifications: We warrant that each Deliverable, at the time of delivery to you, will materially conform to the written specifications or acceptance criteria that have been agreed upon for that Deliverable (for example, as described in the request’s user story or in a requirements document). This warranty lasts for a period of thirty (30) days from the date we deliver the particular Deliverable to you (the “Warranty Period”). During this Warranty Period, if you discover that a Deliverable deviates materially from the agreed specifications, you must notify us in writing and we will, at our cost, correct the non-conformity as described in “Remedies” below.
- Note: This warranty does not cover issues or failures that are due to (a) modifications to the Deliverable made by anyone other than Camber; (b) your misuse or use of the Deliverable in a way not intended in the specs; or (c) issues caused by Third-Party Materials or dependencies outside our control (see Section 3.5). Also, any minor deviations that do not materially affect the functionality or user experience will not be considered a breach of warranty, but we would likely still address them as part of our commitment to quality.
No Malware: Camber warrants that, to our knowledge, Deliverables delivered will not contain any computer viruses, worms, or malicious code intentionally introduced by us. (This does not cover any third-party viruses or malware that might infect the Deliverables after delivery or through no fault of Camber.) We follow security best practices to avoid such issues.
Non-Infringement: Camber warrants that, to our knowledge, the Deliverables (excluding any Client Materials or specifications provided by you, and excluding Third-Party Materials) will not infringe or misappropriate any third party’s intellectual property rights if used by you in accordance with these Terms and the intended purpose of the Deliverables. “To our knowledge” means the actual knowledge, at the time of delivery, of the Camber personnel assigned to your engagement, without any duty of investigation, so this warranty is limited to infringement known to them at that time. We do not perform comprehensive IP clearance searches (as noted in Section 3.6). If you become aware of a potential infringement, please notify us and we will address it per the indemnity and remedies below.

Remedies for Camber’s Warranty Breach: If we breach the warranties in this Section 7.2, you must notify us within the applicable time period (e.g. within the 30-day Warranty Period for a deliverable conformance issue). Your exclusive remedy and Camber’s sole obligation will be:

For breach of the Conformance warranty (7.2): Camber will, at our expense, promptly correct or repair the Deliverable so that it meets the specifications. If a material non-conformity cannot be reasonably corrected, Camber will, at your choice, either rework the Deliverable at our expense using a different approach or leave it with you as delivered. No fees are refunded under this Section.
For breach of the Non-Infringement warranty (7.2): Camber will, at our option, either (a) modify or replace the infringing part of the Deliverable with a non-infringing equivalent that meets the requirements, (b) obtain a license for you to continue using the infringing component (for example, by obtaining a sublicense if a third-party patent is at issue), or (c) if neither of those is feasible, tell you in writing to stop using the infringing part of the Deliverable. Section 10.1 does not cover any use of that part after you receive that notice, and no fees are refunded under this Section.

These remedies are conditioned on you: (i) giving us prompt written notice of the issue (for infringement claims, prompt notice of any claim or threatened claim is essential so we can respond); (ii) providing reasonable cooperation and information in the effort to fix or address the issue; and (iii) for infringement, not having made any admissions or taken any action that would prejudice our defense or resolution of the claim. The warranties and remedies above are exclusive and in lieu of any other warranty remedies at law or equity, except for cases of fraud or intentional misrepresentation.

7.3 Client’s Warranties

You make the following warranties to Camber:

Rights to Materials: You warrant that you have all necessary rights, licenses, and consents in any Client Materials or instructions you provide, such that Camber’s use of the Client Materials as contemplated by this agreement will not infringe, misappropriate, or violate any third-party’s intellectual property rights, privacy rights, or other rights. In other words, if you give us text, images, code, data, or any other materials to incorporate or base our work on, you either own those or have permission to use them and to allow us to use them for your project.
Compliance of Your Business: You warrant that you will use the Deliverables and Services in compliance with all applicable laws and regulations. You understand that Camber is not responsible for making your business compliant with laws (e.g., data protection laws, accessibility, etc.), so you warrant that you will not knowingly direct us to act in a way that would violate any law. If specific regulations apply to your project, you will inform us, and you either have obtained or will obtain any necessary approvals or consultations (for example, regulatory approvals for a healthcare app, etc.).
No Unlawful Content: You warrant that none of the content you direct us to create or that you ask us to include in Deliverables will be defamatory, obscene, exploitative, or violate any law or regulation. If your project involves user-generated content or sensitive data, you are responsible for ensuring that appropriate safeguards or terms of use are in place for your users.
Authority to Grant Source Access: If you grant Camber access to any repository, workspace, or system – including for a Complimentary Audit – you warrant that you are authorized to grant that access and to have the material assessed, as set out in Section 3.10.

If a third party brings a claim against Camber due to a breach of your warranties above (for example, if it turns out materials you gave us infringe someone’s copyright), you agree to indemnify and defend Camber as described in Section 10.2 (Your Indemnity).

7.4 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 7, CAMBER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, DELIVERABLES, AND ANY PRODUCTS OR RESULTS THAT MAY BE OBTAINED FROM THEM. This disclaimer includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, which are hereby expressly disclaimed. The Services and Deliverables are provided “AS IS” and “AS AVAILABLE” upon delivery.

In particular, Camber does not warrant or guarantee that: (a) the Services or Deliverables will meet all of your expectations or specific requirements (since those may evolve and the approach is collaborative); (b) the Deliverables will be uninterrupted or error-free in operation (though we commit to remedying any material defects as described); (c) the Deliverables will be compatible with every future platform or third-party software update (see Section 3.5 – ongoing changes may require further development); or (d) the business outcomes you hope for will be achieved. We make no guarantee of any particular return on investment, user engagement level, or other business metric – those are influenced by many factors beyond our control.

No Regulatory or Legal Warranty: Camber further disclaims any warranty that the Deliverables or Services will ensure compliance with any legal or regulatory standards. While we strive to follow best practices (for example, coding with security in mind, or using HIPAA-compliant infrastructure when requested), we are not providing legal advice and we make no promise that our work will satisfy legal requirements specific to your industry. You are solely responsible for obtaining your own legal review of the product and for operating it in accordance with the law. (For example, if you operate a medical app, you must ensure it complies with healthcare regulations; if you collect personal data, you must ensure privacy law compliance, etc. We can assist by implementing features you specify, but cannot certify compliance.)

Third-Party Materials and Services: Camber disclaims any responsibility for third-party materials or services. Those are provided “as is” by their owners. We do not guarantee that any third-party software (open source or otherwise) used in a Deliverable is free of defects or will be supported indefinitely. However, we will make known to you any relevant third-party license terms and, during development, we choose third-party components we believe to be reliable and well-supported.

Ongoing Support: Except as explicitly agreed in an active Service Plan, Camber is not obligated to provide ongoing support, maintenance, updates or enhancements to Deliverables once delivered. (Of course, if you maintain a subscription with us, ongoing support is part of that arrangement. But if you terminate and do not have a maintenance plan, we have no further duty to support the software.) The nature of custom software is that it may require continuous development and maintenance to remain effective. We strongly recommend having a plan in place (either with us or internally) for ongoing maintenance.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you to the extent prohibited by law. In such case, the duration of any required warranty is limited to 30 days from delivery of the particular service or deliverable.

8. Confidentiality

Mutual Confidentiality Obligation: Each party (as Recipient) agrees that it will maintain in confidence all Confidential Information of the other party (as Discloser) that it obtains in the course of the Services. Specifically, the Recipient of Confidential Information shall: (a) use the Confidential Information only for the purpose of fulfilling its obligations or exercising its rights under these Terms (and not for any other purpose or benefit without the Discloser’s prior written consent); (b) not disclose the Confidential Information to any third party except for its own employees or independent contractors who need to know it for the permitted purpose, and who are bound by confidentiality obligations at least as protective as these Terms, and, in Camber’s case, the AI and other service providers it uses to deliver the Services, as Sections 3.3 and 13 describe; and (c) protect the Confidential Information using at least a reasonable degree of care, which in any event shall not be less than the degree of care the Recipient uses to protect its own similar confidential information. Each party shall implement and maintain appropriate technical and organizational measures to safeguard the other’s Confidential Information, including (for Camber’s part) industry-standard cybersecurity practices to prevent unauthorized access or disclosure.

Exceptions: If the Recipient is required by law, court order, or regulatory authority to disclose Confidential Information of the Discloser, the Recipient may do so, provided it gives prompt notice to the Discloser (unless legally prohibited) so the Discloser has an opportunity to seek a protective order or other relief, and discloses only the minimum amount of information necessary to comply with the requirement. Information that falls into one of the exceptions in the Confidential Information definition (Section 2) is not subject to the restrictions of this section.

Return or Destruction: Upon termination of the Services or upon the Discloser’s request, the Recipient will return or destroy (at the Discloser’s choice) all Confidential Information of the Discloser in its possession, except that the Recipient may retain one archival copy solely for record-keeping and to demonstrate compliance with these Terms, and any copies retained on routine backup media (provided that such retained information remains confidential).

AI Tools and Confidential Info: Camber acknowledges the sensitivity of Client’s Confidential Information. When using AI Systems or third-party AI tools to assist in performing Services, we will not input your highly sensitive Confidential Information into any third-party AI service unless model training on that information is prohibited by the service’s terms or switched off in our account, or we have otherwise anonymized or obscured the information such that it is no longer confidential. We operate our AI Systems in a manner that avoids inadvertent disclosure. If you prefer we not use AI at all on any of your project data, please communicate that to us – note that declining AI usage might impact the speed of delivery, but we will respect any such request regarding particularly sensitive data. Regulated Data is governed by Section 13.5 and is kept out of every AI service unless a signed agreement under Section 13.5 says otherwise.

This confidentiality section survives termination of the engagement for a period of five (5) years from the date of disclosure of each piece of Confidential Information, or indefinitely with respect to any trade secrets (until they no longer qualify as trade secret by law). Each party agrees that any breach of this section may cause irreparable harm for which monetary damages may be inadequate, and that the Discloser is entitled to seek injunctive relief (immediate court-ordered stop) to prevent or stop a breach of confidentiality, in addition to any other rights or remedies.

9. Limitation of Liability

To the fullest extent permitted by law, the parties agree to the following limitations on liability:

9.1 Cap on Liability: Each party’s total cumulative liability for any and all claims arising out of or relating to these Terms or the Services, whether in contract, tort (including negligence), or any other form of action, is limited to the total amount of fees paid by you to Camber under these Terms in the twelve (12) months immediately preceding the event giving rise to the claim. If the claim arises before 12 months of fees have been paid, then the cap will be the amount paid up to that point. For example, if a claim arises 6 months into the contract and you paid $120,000 in that time, each party’s liability is capped at $120,000 for that claim. This cap applies in aggregate to all claims and damages; multiple claims will not increase the cap.
9.2 No Indirect Damages: Neither party will be liable to the other for any indirect, special, incidental, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, goodwill, savings, or data, even if the party has been advised of the possibility of such damages. This exclusion applies regardless of the legal theory (contract, tort, strict liability, etc.) on which the claim is based. In plain language, Camber will not be responsible for business losses like lost profits or reputation damage that might arise from delays or performance issues, and you won’t be responsible for similar types of damages to us.
9.3 Exceptions: The above liability limitations (cap and exclusion of certain damages) do not apply to the following situations: (a) breaches of Section 8 (Confidentiality) – each party’s liability for misuse or disclosure of the other’s Confidential Information is not capped by the fee amount (though still no indirect damages); (b) amounts owed as indemnification obligations under Section 10 – indemnities are potentially uncapped (except where otherwise stated) because they relate to third-party claims; (c) damages resulting from a party’s willful misconduct or fraud – neither party is protected by a cap if it intentionally causes harm or engages in fraud; and (d) non-payment of fees by you – obviously, the fee cap doesn’t permit you to not pay amounts actually owed for Services rendered.

Acknowledgment: Each party acknowledges that the limitations of liability above are a material basis of this bargain, that the pricing of the Services reflects these limitations, and that they would be unwilling to enter the agreement without them. If you are in a state or jurisdiction that does not allow limitation of certain damages, then the limitations above will apply to the maximum extent permitted by law.

10. Indemnification

10.1 Camber’s Indemnification of Client

Camber will defend you (the Client) and your officers, directors, and employees (collectively, the “Client Indemnitees”) against any third-party claim, demand, lawsuit or proceeding (“Claim”) alleging that Camber’s actions or deliverables infringe a U.S. copyright or patent, or misappropriate a trade secret, or arising from Camber’s gross negligence or willful misconduct or material breach of these Terms. Camber will also indemnify (pay) any settlement amounts or court-awarded damages finally awarded against the Client Indemnitees as a result of such Claim, along with reasonable attorney’s fees, provided that: (a) you promptly notify Camber in writing of the Claim (to allow us to respond and defend – delay in notice doesn’t waive your rights but could impact our ability to defend); (b) Camber has sole control over the defense and any settlement of the Claim (we will pick the lawyers and direct the strategy, and we won’t settle any Claim in a way that imposes liability or obligations on you without your consent); and (c) you reasonably cooperate with Camber (at our expense) in the defense.

This indemnity does not apply to the extent that the Claim arises from: (i) your misuse or modification of Deliverables in a way not authorized by Camber or intended in the project; (ii) your combination of the Deliverables with other products, software, or services not furnished by Camber (where the Claim would have been avoided but for such combination); (iii) any Client Materials or directions you provided (for example, if you gave us content to use that infringes a third party’s rights, or insisted on a feature that infringes); or (iv) Third-Party Materials included in Deliverables (your rights and remedies for third-party components will be against the third-party under their license, except to the extent we had knowledge of infringement as covered by our warranty/indemnity above).

If a Claim is reasonably likely to bar your use of any Deliverable, Camber will seek to do what is stated in Section 7.2 (Remedies for infringement) – obtain a license, modify the Deliverable, or as a last resort, tell you to stop using the affected part. The indemnity in this Section 10.1 is Camber’s entire obligation and your exclusive remedy regarding any third-party intellectual property infringement or similar claims.

10.2 Client’s Indemnification of Camber

You (the Client) agree to defend Camber and its members, officers, employees, contractors, and agents (the “Camber Indemnitees”) against any third-party Claim arising out of or related to: (a) your use of the Deliverables or Services in violation of law or any third-party rights (for example, if someone claims your deployed app violates their privacy rights or if an end-user is harmed and sues us); (b) any breach by you of these Terms, including but not limited to breach of your warranties in Section 7.3 (e.g. a claim that content you provided to us is infringing or illegal); or (c) any combination of the Deliverables with other products or services by you (not under Camber’s control) that gives rise to a claim. You will indemnify and hold harmless the Camber Indemnitees from any damages, losses, liabilities, and reasonable costs (including attorney’s fees) awarded in such Claim or agreed in settlement by you, provided that Camber: (i) promptly notifies you of the Claim in writing; (ii) gives you sole control of the defense and settlement (subject to the same caveat that you won’t settle in a way that imposes unagreed obligations on Camber without our consent); and (iii) provides you with cooperation (at your expense) in defending the claim.

This Section 10.2 means that if a third party (including one of your customers or users) sues Camber for something that is really your responsibility or relates to your business/content, you will step in to defend us and cover the costs. Common sense applies: we remain responsible for our own employees’ negligence and core deliverable IP issues, but you’re responsible for what you do with the product and what you provide to us.

10.3 Additional Indemnity Procedures and Provisions

Settlement: An indemnifying party (Camber under 10.1 or you under 10.2) may not settle a Claim without the consent of the indemnified party if the settlement imposes any admission of fault or any ongoing obligation (other than payment of money which the indemnifier will pay) on the indemnified party. Consent to settlement will not be unreasonably withheld. Conversely, if an indemnifying party could have settled a claim monetary-only and the indemnified party refuses consent, then the indemnifier’s liability will be capped at the amount of that proposed settlement plus reasonable defense costs incurred up to that point.
Separate Counsel: The indemnified party has the right to retain its own counsel (at its own expense) to participate in the defense in an advisory capacity, but the indemnifier retains control. If a conflict of interest would prevent the indemnifier from defending one of the indemnitees, that indemnitee may have separate counsel paid by the indemnifier.
Insurance: Both parties acknowledge that they maintain appropriate insurance (see Section 16) which may cover some liabilities under these indemnities, but the existence of insurance does not limit either party’s obligations here.

The obligations in this Section 10 survive termination of the agreement.

11. Term and Termination

11.1 Term of Agreement

These Terms become effective between us as soon as you subscribe to a Service Plan or otherwise explicitly agree to them, and will continue in effect until terminated in accordance with this Section 11. All Service Plans are month-to-month. Each Service Plan subscription has a monthly billing period and renews every month indefinitely until canceled. There is no minimum term and no fixed-term or annual commitment.

Camber may decide to stop offering or change certain Service Plans, but any such change will be communicated to you and will take effect prospectively, at your next monthly renewal.

11.2 Termination by Either Party

Termination for Convenience (No-Fault Cancellation):

Month-to-Month Plans: Either party may terminate a month-to-month Service Plan for any reason (or no reason) with written notice, effective at the next monthly renewal. To end at your next monthly renewal, we must receive your written notice at least three (3) business days before that renewal date. Notice received after that deadline takes effect at the renewal following. Your Services continue through the last day of the then-current paid period. There is no cancellation fee on a month-to-month plan. Cancelling is a change of plan, not a request for a mid-period refund; the only refund Camber offers is the initial-engagement refund in Section 11.3. Send the request by email to [email protected] or in your Camber team chat channel. A “business day” is Monday through Friday, excluding U.S. federal holidays, ending at 5:00 p.m. Eastern Time.

Termination for Breach (Cause): Either party may terminate the agreement (or a specific Service Plan) if the other party materially breaches these Terms and fails to cure such breach within 15 business days after receiving written notice describing the breach. Termination for breach must be given in writing, referencing this clause. If the breach is of a nature that cannot reasonably be cured within 15 business days, the non-breaching party may agree (at its discretion) to extend the cure period or work out an interim solution. However, lack of payment is a breach that must be cured within the short grace period described in Section 3.4 (7 days for payment issues) unless otherwise agreed. Repeated breach or bad faith in performing the contract may shorten the patience for cure.

Immediate Termination in Extraordinary Circumstances: Either party may immediately terminate if the other party becomes insolvent, files for bankruptcy, or ceases business operations in a manner that it cannot fulfill its obligations. Camber may also immediately suspend or terminate the Services if continuing to provide Services would cause us to violate any law or government regulation (though we would give notice and try to resolve any such situation collaboratively first).

11.3 Effects of Termination

When a Service Plan or the overall agreement is terminated, the following consequences apply:

Service Continuation and End Date: If terminated for convenience with notice, Services will continue until the designated end date (e.g. the end of the current billing period). We will work with you to smoothly wrap up or transition any in-progress work. We have no obligation to perform Services after the effective termination date.
Final Deliverables: Camber will deliver to you all in-progress work and Deliverables developed up to the termination date, in whatever state of completion they exist. For example, if we were halfway through developing a feature, you will receive the partial work done. You will be billed for work performed up to termination (if not already paid), and upon final payment, the same IP ownership provisions apply to whatever we’ve delivered. However, Camber is not obligated to continue work to polish or complete any feature after termination (unless otherwise agreed in writing as part of a termination wind-down).
Final Invoices and Payments: You agree to pay for all Services rendered and expenses incurred up through the termination date. We will issue a final invoice if needed. All payments for Services through termination become due immediately upon termination (or per standard net terms if we agree).
Initial-Engagement Refund (First Seven Calendar Days): If you decide, during the first seven (7) calendar days of your initial paid engagement with Camber, that Camber is not right for you, you may cancel and receive a refund of 75% of your first month’s plan fee. The following conditions apply, and this is the only refund Camber offers:
- The period. It begins on the date of your first successful plan charge and ends at the close of the seventh calendar day after that date.
- How to give notice. You must tell us in writing within that period – by email to [email protected], or in your Camber team chat channel – that you are cancelling under this provision. Notice given by any other channel is not effective for this refund.
- Work stops. Camber will stop work immediately on receiving your notice. No further work will be performed.
- Refund timing. Camber will initiate the refund to your original payment method within ten (10) business days of receiving valid notice. Your bank or card issuer controls when the funds actually appear.
- Why 25% is retained. The retained 25% covers onboarding, access setup, resource allocation, and administrative costs already incurred.
- What you keep. You keep, and own, every Deliverable we completed and delivered to you before you gave notice, on the terms of Section 6.1. A refund under this provision does not claw back delivered work. Work in progress and undelivered material are not delivered to you.
- Once per client. This refund is available once, counted across a client and its parents, subsidiaries, affiliates, successors, and any other entity under common control. It is not available on a renewal, on a plan change, on a re-engagement after a prior engagement ended, or in any billing period other than the first.
- No other period qualifies. This provision does not apply to any later billing period. Apart from this refund, fees are non-refundable.
Retention of Rights: Upon termination of the Services and final payment, you retain ownership of all Deliverables delivered and paid for, and you may continue to use them without further permission from Camber. Because no Agency Tools or AI Systems are delivered to you (Section 6.1), there is no Camber license embedded in your product that can lapse, and nothing in your product stops working when the engagement ends. What ends is our ongoing service: you will not receive further updates or support from us. If termination occurs because you failed to pay, Camber may withhold or revoke your rights to any Deliverables that were not fully paid for.
AI Systems After Termination: Camber’s AI Systems are used internally and are never delivered to you, so termination removes nothing from your product. What you lose is the accelerated delivery benefit of an active engagement. Your Deliverables continue to build, run, and be maintainable without any Camber tool or system.
Surviving Terms: The termination or expiration of these Terms will not affect provisions which by their nature are intended to survive, including but not limited to: Intellectual Property Rights (Section 6), to the extent of any ongoing licenses or restrictions; Fees and Payment obligations (for amounts accrued up to termination); Confidentiality (Section 8); Limitation of Liability (Section 9); Indemnification (Section 10); Governing Law, Arbitration, and Dispute Resolution (Section 14); and General Provisions (Section 12). Each party will also continue to be responsible for any breach of these Terms that occurred prior to termination.

After termination, we hope you either have a great product to continue with or perhaps will return when you have new needs! We ask that you remove us from any sensitive systems or revoke credentials we no longer need post-engagement for security. We’ll likewise return or destroy Confidential Information as described earlier.

12. General Provisions

Non-Solicitation of Personnel: While we are providing Services to you and for one (1) year after the last day we provided any Services or Deliverables, neither party will, directly or indirectly, without the other party’s prior written consent: (i) solicit or induce a Covered Person to leave their employment or engagement with the other party in order to work for or with the soliciting party; or (ii) hire or engage a Covered Person, or have one work for or with it through an affiliate or staffing intermediary. A “Covered Person” is any employee or individual contractor of one party who worked on your engagement, or whom the other party came to know through it, during that period. Placing general job postings not targeted at the other party’s personnel does not breach (i), but hiring or engaging a Covered Person who responds to one is covered by (ii). Each party agrees that this restriction protects its legitimate business interests in its confidential business information and in the specialized training of its personnel, and is reasonably necessary to protect them. Each party agrees that its electronic acceptance of these Terms is its signature on this restriction.
- Liquidated Damages: If a party breaches this provision and a Covered Person goes to work for or with that party, directly or through an affiliate or staffing intermediary, during the restricted period, the breaching party will pay the other party, as liquidated damages and not as a penalty, an amount equal to twenty-five percent (25%) of that person’s total annual compensation from the other party for the prior twelve (12) months, within thirty (30) days of written demand. The parties agree that the resulting recruiting, training, and transition costs are difficult to determine and that this amount is a reasonable estimate of them. This provision does not limit either party’s right to seek an injunction.
Independent Contractor Relationship: The relationship between Camber and Client is that of independent contractor and client. Nothing in these Terms shall be construed to create a partnership, joint venture, or employer-employee relationship between us. Camber’s team members are not your employees, and we do not have an exclusive relationship with you (we may have other clients). Each party remains solely responsible for its own taxes, employees, and business costs. Camber will not be entitled to any benefits provided by you to your employees (and vice versa). Neither party has the authority to bind or act on behalf of the other in any legal agreement, and neither party will misrepresent its relationship with the other.
Modifications to Terms: Camber may update or modify these Terms from time to time, particularly to reflect changes in our Services or legal requirements. In the event of any material change to the Terms, Camber will provide you with at least 30 days’ notice (for example, by email or a notification through our platform). If you object to the updated Terms, you may cancel your subscription before the new Terms take effect. Your cancellation takes effect as Section 11.2 provides, and until your Services end the earlier Terms, not the updated ones, continue to apply to you, even if you keep using the Services. If you continue to use the Services after the effective date of the updated Terms, that will constitute your acceptance of the changes. For minor or administrative changes (like clarifications or adjustments that do not reduce your rights), we may not provide advance notice beyond posting the new Terms.
Changes to Services: We may also make changes to the Services or Service Plans (as discussed in Section 3.1 and 4.3). We strive to improve our offerings continuously. If we discontinue a Service Plan or significantly alter its features in a way that affects you, we will give you notice, and you may transition to another plan or cancel. If you cancel before the change takes effect, your cancellation takes effect at the end of your current paid period, even if the notice deadline in Section 11.2 has passed. Our goal is never to remove features without offering an equal or better alternative.
Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder to any third party without Camber’s prior written consent, except in the case of a sale of substantially all your business or a merger (and even then the successor must agree to be bound by these Terms). Camber may assign or transfer this agreement (in whole or part) to an affiliate or successor in the event of a corporate reorganization, merger, acquisition, or sale of our business or assets related to this agreement. We will notify you if such a transfer occurs. Subject to the foregoing, these Terms will bind and benefit the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this clause is void.
Entire Agreement: These Terms, together with your specific Service Plan order (and any addenda or attachments explicitly agreed in writing, such as a data processing agreement if applicable), constitute the entire agreement between Camber and Client with respect to the Services and Deliverables. Subject to “Order of Precedence” below, it supersedes all prior or contemporaneous agreements, proposals, or communications (whether written or oral) relating to the subject matter. No oral or written statement or promise outside of this written agreement is binding. (For clarity: if you and our sales team discussed something but it’s not written here or in an official order form, this document governs.) Amendments or changes to this agreement must be in writing and signed or acknowledged by both parties (email correspondence where both parties clearly agree can suffice as “in writing”). The only exception is that Camber may update these Terms as described under “Modifications” above.
Order of Precedence: If you and Camber have a separate written agreement signed by both parties, such as a master services agreement or a statement of work (a “Signed Agreement”), and it conflicts with these Terms, the one you agreed to most recently controls on that conflict. You agree to these Terms on each date you affirmatively accept them: by checking a box or clicking to accept at sign-up or checkout, by signing or electronically signing them, or by replying in writing that you accept a version we sent you (your “Acceptance Date”). Accepting an earlier version of these Terms in one of those ways also gives you an Acceptance Date. Continuing to use the Services after we update these Terms keeps the updated Terms in effect under “Modifications to Terms”, but it does not create a new Acceptance Date. A Signed Agreement is agreed on the date the last party signs it. Terms that a Signed Agreement incorporates by reference are treated as agreed on the date of the Signed Agreement that incorporates them. If the more recent of the two documents states expressly which one controls, that statement governs. These Terms and a Signed Agreement conflict only where both cannot be followed; where one is silent on a point, the other applies.
Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible (e.g. by reducing scope or duration if possible), and the remaining provisions of these Terms will remain in full force and effect. The parties will negotiate in good faith a valid and enforceable provision that is as similar as possible to the intent of the invalid provision.
No Waiver: A failure or delay by either party to enforce any right or provision of these Terms will not constitute a waiver of that provision or any other provision. To be effective, any waiver of a breach of these Terms must be made in writing and signed by the party granting the waiver, and such waiver will not imply a waiver of any subsequent breach.
Construction and Interpretation: Each party has had the opportunity to review these Terms and to seek its own advice, and no rule of strict construction or “drafter’s disadvantage” will apply in interpreting the agreement against either party. Headings are for convenience only and do not affect interpretation. Terms like “including” or “for example” are deemed to be followed by “without limitation” unless the context says otherwise. If we ever have a dispute over meaning, the document will be interpreted in an even-handed manner.
No Legal Advice: Camber is not a law firm and does not provide legal advice. Any statements in our communications or materials regarding laws, regulations, or best practices (such as privacy, data security, accessibility, etc.) are for informational purposes and reflect general knowledge, not specific legal counsel. You are encouraged to seek your own legal advice for matters of compliance or contract review. We will cooperate with any approach you direct for compliance (like building certain features), but we do not assume liability for legal or regulatory requirements related to your business.
Force Majeure: Neither party will be liable for any failure or delay in performing its obligations (other than payment obligations) if that failure or delay is due to circumstances beyond its reasonable control. This includes, for example, acts of God, natural disasters, strikes or labor disputes, war, civil unrest, pandemics or public health emergencies, governmental orders or restrictions, power or internet outages not caused by the party, or the failure of third-party platforms. The party claiming force majeure must promptly notify the other of the situation and make reasonable efforts to overcome the obstacle and resume performance as soon as possible. If a force majeure event continues for an extended period (e.g. more than 30 days), either party may have the right to terminate the affected Services upon written notice.
Export Compliance: The Deliverables and any software or technical information provided under these Terms may be subject to U.S. export control and economic sanctions laws. You represent that you are not located in, and will not use the Deliverables in, any country or region that is subject to comprehensive U.S. embargo (currently including, for example, North Korea, Iran, Syria, Cuba, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not on any U.S. government denied-party list. You agree to comply with all applicable export and import laws in your use of the Deliverables. Similarly, if you provide Camber with any technical data that is controlled under export laws, you will inform us in advance and not provide it without our consent.
Non-Disparagement and Public Statements: Each party agrees that it will not disparage or slander the other party, its reputation, services, or officers, either during the term or after termination. In the event of a dispute between us, both parties agree to handle it discretely and professionally. Neither party will make any public announcements or press releases regarding any disputes or the termination of the business relationship without the other party’s prior written consent. This does not prevent either party from discussing their own business experiences privately or from making truthful statements if required by law, but we both commit to not intentionally harming the other’s public reputation.
Notices: Official notices under these Terms (such as legal notices of breach, non-renewal, or indemnification claims) must be given in writing and delivered to the respective addresses or emails of the parties as follows:
To Camber: 4030 Wake Forest Road STE 349, Raleigh, NC 27609, USA; Email: [email protected]
- To Client: The physical address and/or primary email associated with your account, the email address you gave us when you applied for a Complimentary Audit, or the address specified in your order documents. (Camber may rely on the contact information you provided at sign-up, unless you update us in writing with a different notice address.)
- Notices will be deemed received: if by physical mail or courier, upon delivery confirmation; if by email, upon sending, provided no bounce or error is received (but if sent outside normal business hours, then on the next business day). Only formal communications required under the contract are “notices” for this purpose; routine project communications and operational messages are ordinary correspondence.

13. Privacy and Data Security

Camber takes your privacy and data security seriously. Because we often handle data you provide (and potentially personal data of your end users), we want to be clear on these points:

13.1 Privacy Policy: Our general collection, use, and protection of personal information is governed by our Privacy Policy, available on our website. By engaging our Services, you acknowledge the terms of our Privacy Policy. In short, we use your information to provide the Services, to communicate with you, and to improve our offerings. We do not sell your personal information, and we do not use your source code, Client Materials, or Confidential Information to train AI models (see Sections 3.3 and 6.3). We also comply with applicable privacy laws in handling any personal data you provide to us. If your project requires a separate Data Processing Addendum (for compliance with GDPR or similar), we can enter one – just let us know.
13.2 Data Security: We implement industry-standard security measures to protect any sensitive data you entrust to us. This includes secure coding practices, access controls, encryption of sensitive information where appropriate, and using secure hosting/infrastructure providers. However, you understand that no method of storing or transmitting data is 100% secure. We cannot guarantee absolute security, especially if the data is in transit over the internet or stored in third-party systems you control. We will notify you of any data breach we become aware of that affects your Confidential Information or personal data, in accordance with applicable law.
13.3 Your Responsibilities for Data: If the project we do for you involves personal data of your customers or users, you are considered the “data controller” and we are a “data processor” (or equivalent terms under applicable law). You are responsible for obtaining any required consents from your users and providing any required privacy notices for the operation of the Deliverables. We will process any personal data solely on your instructions as needed to provide the Services. If you need us to sign a specific data protection agreement (DPA) to comply with GDPR, CCPA, or other regimes, we will do so as long as it is reasonable and consistent with our role. A business associate agreement, or any other agreement covering Regulated Data, binds Camber only once both parties have signed it; until then, Section 13.5 applies. After termination of Services, we will return or delete personal data in our possession as per Section 8 (Confidentiality), unless otherwise required by law to retain it.
13.4 Text Messaging: Camber runs one text-message program, Camber-The App Agency, for prospective and current clients. You can ask us to text you by entering your mobile number on our text-us page and checking the consent box there, which is never pre-checked. Messages come from (828) 414-4114 and are conversational text messages from our team about your question or project, not an automated marketing program. Message frequency varies. Message and data rates may apply. Reply HELP for help, or email [email protected]. Reply STOP at any time to opt out; you will receive one confirmation and no further messages. Consent to receive text messages is not a condition of purchasing any Service. Carriers are not liable for any delayed or undelivered messages. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and text messaging originator opt-in data and consent will not be shared with any third parties. Our handling of your mobile number, your messages and the record of your consent is governed by our Privacy Policy.
13.5 Health Information and Other Regulated Data:
- Keep it out. Unless you and Camber have both signed a separate written agreement that expressly covers it (for protected health information, a business associate agreement), you will not provide Regulated Data to Camber, place it in any system Camber operates or uses for your engagement (including our team chat, project tracker, email, code repositories, and the AI services described in Section 3.3), or give Camber access that lets it view or export Regulated Data held in your systems. Where work involves Regulated Data, please use de-identified or test data, or redact it, instead.
- No business associate agreement. These Terms do not engage Camber to create, receive, maintain, or transmit protected health information on your behalf, and no business associate agreement exists between us unless both parties have signed one.
- If it reaches us anyway. If Regulated Data reaches Camber or a system Camber operates without such an agreement, you will tell us promptly once you know, and we will tell you if we find it first. Notwithstanding Sections 8 and 13.3, Camber may stop any work that involves it and may delete it, and ask our providers to delete it to the extent their terms allow, without keeping a copy. We will tell you what we deleted. Camber has no obligation to keep, return, or process Regulated Data, and deleting it is not a breach of these Terms. Section 8’s confidentiality duties apply to it while we hold it, but its return-or-destroy and archival-copy terms do not. You remain responsible for your own obligations under the laws that apply to that data, including any assessment or notice they require.
- Tell us what applies. If HIPAA, the FTC Health Breach Notification Rule, the Children’s Online Privacy Protection Act, payment card security standards, or similar rules apply to your product or business, tell us before we begin work that touches it, so we can plan that work without Regulated Data or agree signed terms that allow it.

If you have specific questions or requirements regarding privacy or security measures for your project, please discuss them with us so we can address them appropriately in our engagement.

14. Dispute Resolution and Arbitration

We value our relationship with you and expect that most concerns can be resolved through open communication and mutual cooperation. However, if a dispute does arise, the following steps and rules will apply:

14.1 Good Faith Negotiations: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services provided (a “Dispute”), the parties agree first to try in good faith to resolve it informally. The disputing party shall give written notice to the other party describing the issue and proposed resolution. Representatives of both parties with decision-making authority shall then meet (in person or via teleconference) within a reasonable time to attempt to resolve the Dispute. If the Dispute cannot be resolved by negotiation within 15 business days (or a mutually agreed longer period) after notice, then either party may proceed to the next step below.
14.2 Binding Arbitration: Except for the specific exclusions noted below, any Dispute that cannot be resolved through negotiation shall be resolved by final and binding arbitration. You and Camber expressly waive the right to a trial in court (whether by judge or jury) and agree that any Dispute will be decided by a single neutral arbitrator. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (or if those do not apply, the AAA’s appropriate rules for the subject matter of the dispute). The arbitration will take place in Wake County, North Carolina, or by video conference where the arbitrator permits (or at another location mutually agreed in writing). The arbitrator will be empowered to grant any relief that a court of competent jurisdiction could grant, including injunctive or equitable relief and damages. The arbitrator shall apply Florida law (both substantive and procedural, including the evidentiary privileges) to the Dispute, and shall provide a reasoned written decision. Judgment on the arbitration award may be entered in any court having jurisdiction.
- Arbitration Procedure: The parties will mutually choose the arbitrator from a list provided by AAA. If we cannot agree, the AAA will appoint one. The arbitrator must be an attorney or retired judge with experience in commercial contract disputes and preferably knowledge of technology/service contracts. The arbitration shall be conducted in English. Discovery will be permitted in accordance with AAA rules, but the parties agree to work in good faith to limit discovery to what is reasonably necessary to ensure a fair hearing. The arbitrator is authorized to issue subpoenas and to grant motions dispositive of all or part of any claim. Confidentiality: The arbitration and all filings, evidence and testimony connected with it shall be confidential, except as needed to enforce the award or for legitimate judicial proceedings.
- Costs: Each party will initially bear its own attorneys’ fees and costs in the arbitration, but the prevailing party in the arbitration shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, in addition to any relief awarded. The parties will split the arbitrator’s fees and any administrative fees of AAA, unless the arbitrator reassigns those costs in the award. If a party fails to proceed with arbitration or unsuccessfully challenges the arbitrator’s award, the other party is entitled to recover its costs and attorneys’ fees incurred in compelling arbitration or defending the award.
14.3 Exceptions to Arbitration (Permitted Court Actions): Notwithstanding the above agreement to arbitrate, either party may choose to pursue the following types of relief in court rather than arbitration: (a) claims for temporary, preliminary, or permanent injunctive relief or other equitable relief, where such relief is reasonably necessary to protect that party’s intellectual property, Confidential Information, or other proprietary rights (for example, to stop unauthorized use or disclosure of Confidential Information, or intellectual property infringement). Such requests may be made to a court of competent jurisdiction as stated below, without needing to go to arbitration first. (b) claims that qualify for small claims court in a jurisdiction that has authority (if you are an individual or very small business and the dispute is minor, you may choose to go to small claims court instead of arbitration). However, if the small claims action is removed or appealed to a higher court, the dispute must then be arbitrated. (c) Additionally, if the party against whom a claim is brought fails to participate in the arbitration (for example, fails to pay fees or respond), the aggrieved party may proceed in court to the extent allowed to obtain a default judgment or equivalent relief.
14.4 Governing Law; Jurisdiction: These Terms and any Dispute will be governed by the laws of the State of Florida, USA, without regard to its conflict of laws principles. (However, the Federal Arbitration Act will govern the interpretation and enforcement of the agreement to arbitrate in Section 14.2, because it is a contractual arbitration under U.S. law.) Subject to the arbitration provisions above, any court action permitted under these Terms (for example, an action for injunctive relief or to enforce an arbitration award) shall be brought exclusively in the state courts located in Wake County, North Carolina, or the United States District Court for the Eastern District of North Carolina, and each party consents to the personal jurisdiction of those courts and waives any objection to venue or inconvenient forum there. If you are located outside the U.S., you also agree not to argue that we should litigate in your country under any international treaty; North Carolina is the agreed venue.
14.5 Waiver of Jury Trial: To the extent any Dispute is determined to be not subject to arbitration, each party irrevocably waives any right to a jury trial in any court proceeding arising out of or related to these Terms.
14.6 No Class Actions: All Disputes must be conducted on an individual basis. You and Camber agree not to participate in or seek to recover under any class action, collective action, or representative action (private attorney general or otherwise) against the other. The arbitrator shall have no authority to consolidate the claims of multiple persons or entities or to hear any class or representative proceedings. This means you cannot be a class representative or class member in any such action against Camber. If this class action waiver is ruled unenforceable in a particular case, then the entirety of the agreement to arbitrate (Section 14.2) shall be null and void for that case, and the dispute will proceed in court (with jury trial waived).

This Dispute Resolution section is governed by the Federal Arbitration Act and applicable federal law (for arbitration issues) and by Florida law for all other purposes. This Section 14 shall survive any termination of the agreement.

15. Contact Information; Questions

If you have any questions about these Terms or need to contact Camber for any reason, please reach out to us:

Camber (Panhandle and Peninsula Partners LLC)

Mailing Address: 4030 Wake Forest Road STE 349, Raleigh, NC 27609, USA

Email: [email protected] (for all inquiries)

You can also find more information about our services, team, and policies on our website. We value our clients and are here to address any concerns. If anything in these Terms is unclear, we’d be happy to discuss it with you. Your understanding and satisfaction are important to us.

16. Insurance

Both Camber and Client agree to maintain appropriate insurance during the term of the Services, as a measure of protection against potential liabilities:

Camber’s Insurance: Camber maintains commercial general liability insurance with coverage of at least US$1,000,000 per occurrence (covering things like bodily injury or property damage in the course of business), as well as professional liability / errors & omissions insurance appropriate for a software development business. Camber also maintains workers’ compensation insurance as required by applicable law for its employees. Upon written request, Camber can provide you with a certificate of insurance evidencing such coverage.
Client’s Insurance: We encourage you as the Client to maintain adequate insurance for your own business operations, which may include general liability, cyber liability, or other policies as appropriate. If our work together requires any specific insurance from your side (for example, if we are working on your premises and you need us to be additionally insured), we should address that in an addendum or specific agreement. Typically, since we work remotely, client insurance isn’t an issue for us, but you should have whatever coverage is prudent for your industry.

Neither party’s insurance shall be cancelable or materially reduced without reasonable prior notice to the other, to the extent feasible. The existence of insurance does not limit or waive any obligations or liabilities under this agreement, but it can provide a source of recovery if something goes wrong.

By subscribing to a Camber Service Plan or continuing to use our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. We look forward to a productive and innovative partnership! Let’s build something great together.