1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Tibsy Bee LLC, a company organized under the laws of the State of Utah, United States, with its principal place of business located at 260 E 300 S, Smithfield - 84335-1636, United States (US). By accessing, browsing, or using our website located at https://www.tibsybee.mom, contacting us via email at text@tibsybee.mom or phone at +17196773418, or otherwise engaging with any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
If you are using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service. In such cases, the terms you and your refer to both you individually and the entity you represent.
If you do not agree with any provision of these Terms of Service, you are not authorized to use our website or services. Your sole remedy for dissatisfaction with these terms or with any part of our website or services is to discontinue use immediately. We reserve the right to refuse service, terminate accounts, and cancel orders at our sole discretion at any time without prior notice.
These Terms of Service incorporate by reference our Privacy Policy, which is available at https://www.tibsybee.mom/privacy. You should read the Privacy Policy carefully before using our website or services, as it describes how we collect, use, and protect your personal information. By agreeing to these Terms of Service, you also agree to the terms of our Privacy Policy.
2. Description of Services
Tibsy Bee LLC provides computer systems design and related services within the Professional, Scientific, and Technical Services sector. Our service offerings include but are not limited to the following categories of work.
Computer Systems Design and Architecture: We design, plan, and document computer system architectures tailored to the specific operational requirements of our clients. This service encompasses hardware and software configuration planning, network topology design, storage architecture, and integration strategy development. Deliverables typically include system blueprints, technical specifications, implementation roadmaps, and risk assessments.
Computer Integrated Systems Design: We specialize in designing systems that integrate multiple computing components, platforms, and technologies into cohesive, interoperable solutions. This includes enterprise resource planning (ERP) system design, customer relationship management (CRM) integration, supply chain management system architecture, and custom middleware development to connect disparate business systems.
Cloud Infrastructure and Migration Services: We design, implement, and manage cloud-based infrastructure solutions across major platforms including Amazon Web Services (AWS), Microsoft Azure, and Google Cloud Platform (GCP). Services include cloud readiness assessments, migration planning and execution, hybrid and multi-cloud architecture design, cost optimization, and ongoing cloud operations management.
Technical Consulting and Advisory: We offer expert consulting services covering technology strategy, digital transformation planning, vendor selection, system audits, performance optimization, and security assessments. Consulting engagements may be delivered as one-time projects, ongoing retainer arrangements, or embedded advisory roles within client organizations.
Cybersecurity and Compliance Engineering: We design and implement security architectures, conduct vulnerability assessments and penetration testing, develop incident response plans, and assist with achieving and maintaining compliance with industry standards and regulatory frameworks such as SOC 2, ISO 27001, HIPAA, PCI DSS, and GDPR.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, tool, or content, without prior notice or liability. Any new features that augment or enhance the current services, including the release of new tools and resources, shall be subject to these Terms of Service.
3. User Obligations
As a user of our website and services, you agree to comply with all applicable local, state, national, and international laws, regulations, and treaties. You are solely responsible for your conduct and for any data, text, files, information, usernames, images, graphics, or other content that you submit, post, or display through our website or services.
Prohibited Activities: You agree not to engage in any of the following prohibited activities when using our website or services: using the website or services for any illegal purpose or in violation of any applicable law or regulation; attempting to interfere with, compromise, or disrupt the security, integrity, or performance of our systems, servers, or networks; uploading or transmitting viruses, malware, ransomware, or any other malicious code; attempting to gain unauthorized access to any accounts, systems, or networks through hacking, password mining, or any other means; collecting or harvesting any personally identifiable information from our website or services without authorization; and using any automated means, including robots, spiders, scrapers, or data mining tools, to access or extract data from our website without our express written permission.
Accurate Information: You agree to provide accurate, current, and complete information when interacting with our website or services, including when completing our contact form, registering for an account, or submitting project specifications. You are responsible for maintaining and promptly updating any information you provide to ensure it remains accurate.
Cooperation: When engaging our professional services, you agree to cooperate reasonably with our team by providing access to necessary information, systems, and personnel; responding to requests for input and approvals in a timely manner; and designating a single point of contact responsible for making decisions and communicating with our team throughout the engagement.
4. Account Registration
Certain features of our services may require you to register for an account or provide personal information. When you register, you agree to provide truthful and complete registration information and to update that information as necessary to maintain its accuracy.
Account Security: You are solely responsible for maintaining the confidentiality of any login credentials, passwords, or other authentication methods associated with your account. You agree to accept responsibility for all activities that occur under your account, whether authorized by you or not. You must notify us immediately at text@tibsybee.mom if you become aware of any unauthorized use of your account or any other breach of security.
Account Ownership: Your account is personal to you, and you may not transfer, assign, or sell your account or any rights associated with it to any third party without our prior written consent. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, is being used in violation of these Terms of Service, or has been inactive for a period exceeding twelve consecutive months.
Account Termination by User: You may request the closure of your account at any time by contacting us using the information provided in the Contact Information section of these Terms of Service. Upon account closure, we will deactivate your account and remove your personal information from active use, subject to our data retention obligations as described in our Privacy Policy.
5. Intellectual Property Rights
Our Intellectual Property: All content, materials, and resources available on our website and through our services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, code, data compilations, and the overall design and layout of the website, are the exclusive property of Tibsy Bee LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for your personal or internal business purposes in accordance with these Terms of Service. This license does not include any right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our website or services, except as expressly permitted by these Terms of Service or with our prior written consent.
Client Deliverables: With respect to work products specifically created for you as part of a paid service engagement (including system designs, architecture documents, source code, and technical documentation), ownership rights shall be addressed in the applicable service agreement or statement of work executed between you and Tibsy Bee LLC. In the absence of a written agreement addressing ownership, we retain ownership of all pre-existing materials, tools, methodologies, and general knowledge incorporated into the deliverables, and you receive a non-exclusive, perpetual license to use the deliverables for your internal business purposes.
Feedback: If you provide us with any feedback, suggestions, ideas, or recommendations regarding our website or services, you acknowledge that we may use such feedback for any purpose without any obligation to compensate you or to treat the feedback as confidential.
6. Payment Terms
Service Fees: Fees for our professional services are set forth in the applicable service agreement, statement of work, proposal, or invoice provided to you before or upon commencement of the engagement. All fees are stated and payable in United States Dollars (USD) unless otherwise agreed in writing.
Invoicing and Payment: Unless otherwise specified in the applicable service agreement, invoices are issued upon completion of agreed milestones or on a recurring basis for ongoing services. Payment is due within thirty calendar days from the date of the invoice. Late payments may incur interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower.
Taxes: All fees are exclusive of applicable taxes, duties, levies, and assessments imposed by any governmental authority. You are responsible for paying all such taxes, excluding taxes based on our net income. If we are required to collect or remit any taxes on your behalf, the amount of such taxes will be added to your invoice.
Expenses: Reasonable out-of-pocket expenses incurred in connection with the delivery of our services, such as travel expenses, software license fees for third-party tools used specifically for your project, and hardware procurement costs, will be billed to you as incurred or as otherwise agreed in the applicable service agreement. We will obtain your approval before incurring any individual expense exceeding a threshold amount specified in the service agreement, or five hundred dollars (USD 500) if no threshold is specified.
Refund Policy: Refunds for professional services are addressed on a case-by-case basis and are governed by the terms of the applicable service agreement. Unless otherwise specified, fees for services already performed are non-refundable. Any disputes regarding fees or charges must be raised in writing within fifteen calendar days of the invoice date.
7. Service Availability
We strive to make our website and services available consistently and reliably. However, we do not guarantee that our website or services will be available at all times, without interruption, or free from errors. Temporary interruptions may occur for scheduled maintenance, upgrades, emergency repairs, or due to factors beyond our reasonable control, including failures of telecommunications links, third-party hosting providers, or Internet infrastructure.
We reserve the right to suspend access to our website or services at any time for operational reasons, including maintenance, security incidents, legal compliance, or as otherwise deemed necessary in our reasonable judgment. To the extent feasible, we will provide advance notice of any planned service interruptions via our website or by email to affected users.
Our website is hosted on servers located in the United States and is intended for use by individuals and organizations worldwide. However, we make no representation that our website or services are appropriate, lawful, or available for use in all locations. If you access our website or services from jurisdictions outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Tibsy Bee LLC, its officers, directors, employees, agents, affiliates, successors, or assigns be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind arising out of or in connection with your use of or inability to use our website or services, regardless of the legal theory on which the claim is based, including but not limited to contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
This limitation of liability includes, without limitation, damages for loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings; business interruption; costs of procuring substitute goods or services; and any other commercial or economic loss of any kind.
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In no event shall our aggregate liability for any and all claims arising out of or relating to these Terms of Service, our website, or our services exceed the total amount paid by you to Tibsy Bee LLC during the twelve-month period immediately preceding the event giving rise to the claim, or the sum of one thousand dollars (USD 1,000), whichever is greater.
Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
9. Indemnification
You agree to defend, indemnify, and hold harmless Tibsy Bee LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable legal and professional fees, arising out of or relating to your violation of these Terms of Service; your use of our website or services in a manner not authorized by these Terms of Service; your infringement or violation of any intellectual property rights or other rights of a third party; your violation of any applicable law, regulation, or ordinance; or any negligent, reckless, or intentionally wrongful act committed by you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with our defense of the claim. You shall not settle any claim that imposes any obligation, liability, or restriction on us without our prior written consent.
This indemnification obligation shall survive the termination or expiration of these Terms of Service and your use of our website and services.
10. Termination
These Terms of Service shall remain in full force and effect while you use our website or services. We reserve the right to terminate or suspend your access to our website and services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any provision of these Terms of Service.
Termination by Us: We may terminate or suspend your account and access to our services immediately and without prior notice if we determine, in our sole discretion, that you have violated these Terms of Service; your conduct poses a risk of harm to us, our other clients, or third parties; we are required to do so by law or legal process; or we decide to discontinue the website or services, in whole or in part.
Termination by You: You may terminate your relationship with us at any time by ceasing to use our website and services and closing any account you may hold with us. If you have an ongoing service agreement, termination shall be governed by the terms of that agreement.
Effect of Termination: Upon termination of these Terms of Service for any reason, your right to use our website and services shall immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.
11. Governing Law
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the State of Utah, United States, without giving effect to any choice or conflict of law provision or rule that would result in the application of the laws of any other jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms of Service or to any transactions conducted through our website or services.
Any legal action, suit, or proceeding arising out of or relating to these Terms of Service or your use of our website or services shall be instituted exclusively in the federal or state courts located in the State of Utah, and you irrevocably consent to the personal jurisdiction and venue of such courts. This choice of jurisdiction does not prevent us from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.
12. Dispute Resolution
We value our relationship with our clients and users and seek to resolve disputes amicably and efficiently. Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at text@tibsybee.mom and providing a detailed description of the issue and the resolution you are seeking.
Informal Resolution Period: Upon receipt of your notice of dispute, we will work with you in good faith to resolve the matter within sixty calendar days. Both parties agree to participate in good-faith discussions and to consider reasonable settlement proposals during this period. If the dispute cannot be resolved informally within sixty days, either party may proceed to formal dispute resolution as provided in these Terms of Service.
Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or validity thereof, that cannot be resolved through informal negotiation shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree, appointed by the AAA. The arbitration shall take place in Salt Lake City, Utah, unless the parties agree otherwise in writing. The arbitration proceedings and award shall be maintained in confidence, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as a class action, consolidated action, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against Tibsy Bee LLC.
13. Modifications to Terms
We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the Effective Date and Last Updated date at the top of this document and post the revised terms on our website at https://www.tibsybee.mom/terms-of-service.
For material changes that could reasonably affect your rights or obligations, we will make reasonable efforts to provide notice, which may include posting a prominent notice on our website or sending an email to the address associated with your account, if one exists. It is your responsibility to review these Terms of Service periodically for changes.
Your continued use of our website or services after the effective date of any revised Terms of Service constitutes your acceptance of the changes. If you do not agree with the revised terms, you must discontinue use of our website and services. The most current version of these Terms of Service will always be available on our website and supersedes all previous versions.
14. Severability and Waiver
Severability: If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms of Service shall continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.
Waiver: No waiver of any term, provision, or condition of these Terms of Service shall be effective unless it is in writing and signed by an authorized representative of Tibsy Bee LLC. The failure of Tibsy Bee LLC to enforce any right or provision of these Terms of Service shall not constitute a waiver of future enforcement of that right or provision. Any waiver of a particular breach of these Terms of Service shall not operate as a waiver of any subsequent breach.
Entire Agreement: These Terms of Service, together with our Privacy Policy and any applicable service agreements or statements of work executed between you and Tibsy Bee LLC, constitute the entire agreement between you and Tibsy Bee LLC regarding your use of our website and services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Tibsy Bee LLC relating to the subject matter hereof.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer our rights and obligations under these Terms of Service without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
15. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to contact us for any reason related to your use of our website or services, please reach out using the contact details provided below. We are committed to addressing your inquiries promptly and professionally.
Tibsy Bee LLC
260 E 300 S
Smithfield - 84335-1636
United States (US)
Email: text@tibsybee.mom
Phone: +17196773418
Website: https://www.tibsybee.mom
For legal correspondence and service of process, please use the physical address listed above. For general inquiries, support requests, and all other communications, email is the preferred method of contact and typically receives the fastest response. Our business hours for phone inquiries are Monday through Friday, 9:00 AM to 5:00 PM Mountain Time, excluding United States federal holidays.
We value transparency and clarity in all our dealings. If any provision of these Terms of Service is unclear to you or you believe it requires further explanation, we encourage you to contact us before using our website or services so that we may assist you in understanding your rights and obligations.