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Terms of Service

Last updated: September 23, 2026

These Terms of Service ("Terms") govern consulting, software architecture, development, performance audit, and applied artificial intelligence integration services provided by ForgeByte Creations ("we", "us", or "Studio"), a software studio based in Nairobi, Kenya, accessible via forgebytecreations.co.ke or by email at [email protected].

1. Scope of Services

ForgeByte Creations provides professional software engineering and applied AI consulting services. Our core offerings comprise:

  • Software Architecture & System Design: Structuring high-reliability backend systems, databases, distributed pipelines, and cloud infrastructures.
  • System Diagnostic & Performance Audits: Profiling bottlenecks, measuring throughput, load testing, latency benchmarking, and vulnerability triage.
  • Custom Software Development: Implementation of bespoke web applications, APIs, worker fleets, and internal tools.
  • Applied AI & ML Integration: Designing evaluation harnesses, prompt pipelines, LLM touchpoints, retrieval-augmented systems (RAG), and domain-specific machine learning pipelines.

Each engagement is formalized through a project proposal, Statement of Work (SOW), or written engagement confirmation specifying scope, deliverables, timelines, and commercial terms.

2. Engagement Model & Payment Terms

We operate with an architecture-first, accountable engagement model designed to surface risk early:

  • Discovery Phase: Fixed-scope and paid. Discovery establishes architectural boundaries, data availability, system requirements, feasibility assessments, and measurement benchmarks before full engineering commits.
  • Build Phase: Typically structured as time-and-materials (T&M) or sprint-based milestones with weekly progress demos, code reviews, and checkpoints.
  • Invoicing & Payment: Invoices are issued according to agreed sprint or milestone schedules, payable within 14 calendar days of issuance unless otherwise stipulated in the SOW. Late payments may result in immediate suspension of active services.

3. Intellectual Property Rights

We maintain clear boundaries regarding ownership of technical deliverables:

  • Client Deliverables: Upon receipt of full payment for all applicable fees, the client owns all rights, title, and interest in and to the custom software, application code, database schemas, and documentation created specifically for the client under the SOW.
  • Studio Pre-existing IP & Tooling: ForgeByte Creations retains ownership of pre-existing software, generic utilities, architectural boilerplates, development scaffolding, diagnostic scripts, and know-how ("Studio Tooling"). Where Studio Tooling is embedded into client deliverables, ForgeByte Creations grants the client a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, modify, and maintain such tooling solely as part of the delivered system.
  • Open-Source Components: Deliverables may incorporate third-party open-source libraries governed by their respective licenses (e.g., MIT, Apache 2.0, BSD).

4. Client Responsibilities

Successful engineering delivery requires collaborative accountability. The client agrees to:

  • Provide timely feedback, approvals, and decisions required to maintain project velocity.
  • Grant authorized, secure access to relevant infrastructure, repositories, staging environments, data sources, and third-party APIs.
  • Ensure all client-provided materials, data, specifications, and credentials comply with applicable laws and do not infringe third-party rights.

5. Applied AI Services & Disclaimers

Machine learning and large language models (LLMs) operate probabilistically rather than deterministically. When engaging ForgeByte Creations for AI/ML development:

  • Probabilistic Nature: AI models generate outputs based on statistical likelihood. Outputs may vary, contain hallucinations, or produce incomplete or inaccurate responses under unexpected conditions.
  • Human-in-the-Loop & Review: The client is solely responsible for reviewing, testing, and verifying AI-generated outputs, particularly where outputs influence business logic, financial decisions, legal compliance, or user safety.
  • Client Approval: Client must approve deployment of AI pipelines to production environments. ForgeByte Creations builds evaluation benches and defensive safeguards, but disclaims liability for autonomous decisions made by AI systems deployed without human supervision.

6. Warranties & Limitation of Liability

Services are delivered in a professional, workmanlike manner conforming to prevailing industry software engineering standards. Except as expressly warranted in a signed SOW, all services and deliverables are provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law:

  • Neither party shall be liable for indirect, incidental, consequential, punitive, special, or exemplary damages, including lost profits, loss of data, business interruption, or reputation loss.
  • ForgeByte Creations' total aggregate liability arising out of or related to an engagement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by the client under the specific Statement of Work giving rise to the claim during the six (6) months preceding the incident.

7. Confidentiality & Data Security

Both parties agree to treat proprietary technical, architectural, business, and client information as strictly confidential. Confidential information will not be disclosed to third parties without prior written authorization, except where required by law.

8. Term & Termination

Either party may terminate an engagement by providing written notice as stipulated in the SOW (defaulting to 14 calendar days' written notice). In the event of termination:

  • The client shall immediately pay ForgeByte Creations for all work performed, hours logged, and non-cancellable commitments incurred up to the effective termination date.
  • ForgeByte Creations will hand over all completed and in-progress work products upon settlement of outstanding invoices.

9. Governing Law & Jurisdiction

These Terms, any related Statements of Work, and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the Laws of Kenya. The parties irrevocably agree that the competent courts situated in Nairobi, Kenya shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

10. Contact & Questions

If you have questions regarding these Terms of Service or wish to discuss an engagement, please contact us: