Terms of Service — Blobfish Systems

These Terms of Service ("Terms") govern your access to and use of the Blobfish Systems website (blobfishsystems.com) and any services offered by Blobfish Systems ("we," "us," or "our"). By using our website or engaging our services, you agree to be bound by these Terms.

1. Who We Are

Blobfish Systems is a sole proprietorship operated by Chris Campbell, based in Ohio, United States. We build custom software and deliver associated hardware kits for small businesses.

2. Use of the Website

You agree to use this website only for lawful purposes and in a manner that does not infringe upon or restrict others' use. You may not:

Attempt to gain unauthorized access to any portion of the site or its systems
Use automated means (scrapers, bots) to harvest information from the site without permission
Transmit viruses, malware, or any other harmful code
Impersonate any person or entity

3. Intellectual Property

All content on this website — including text, graphics, logos, SVG artwork, photographs, and the Mr. Blobby mascot as used on this site — is the property of Blobfish Systems or its licensors and is protected by copyright, trademark, and other laws.

Mr. Blobby (the species Psychrolutes marcidus) is a real living creature and is not claimed as intellectual property by Blobfish Systems. Our specific illustrations and character interpretations of Mr. Blobby are our own work.

4. Custom Work Deliverables

For clients engaging Blobfish Systems for custom software and hardware work:

License grant, not full ownership. Upon full payment, Client receives a perpetual, non-transferable, single-business license to use the custom code, database schema, and hardware deliverables for Client's own internal business operations. The hardware itself (Mac Mini, dock, UPS, SD card, peripherals) is transferred as Client's physical property. The software code and database schema are licensed to Client under the terms below. Blobfish Systems retains all intellectual property rights in the underlying source code, libraries, patterns, and engine code (including but not limited to the tamagotchi pet engine, phrase pool system, and industry templates), and retains the right to reuse such components in future projects for other clients.
Client's data. Client owns all data stored in the system (tenant records, maintenance history, communications, business records, etc.). Blobfish Systems claims no ownership, license, or right of use over Client's business data beyond what is necessary to deliver contracted services.
Permitted use. The license permits Client to: (a) install and operate the deliverables on the hardware delivered; (b) use the deliverables for Client's own internal business operations; (c) modify the deliverables for Client's own internal use; (d) allow Client's employees, contractors, and authorized agents to access the deliverables in the course of their work for Client.
Restrictions. The license does NOT grant Client the right to:
- Sell, sublicense, lease, rent, or otherwise distribute the deliverables (in whole or in part) to third parties
- Host, operate, or offer the deliverables as a service to other businesses (including SaaS, reseller, or managed-service arrangements)
- Use the deliverables as the basis for derivative products, templates, or platforms offered to others for compensation
- Share the source code or database schema with parties outside Client's own organization, except with Client's own employees, contractors, and authorized agents under confidentiality obligations
- Remove, alter, or obscure Blobfish Systems' copyright notices, license identifiers, or attribution markers in the code
- Reverse-engineer, decompile, or extract the proprietary components (pet engine, phrase pool, industry templates) for use outside the delivered system
One business, one license. The license is granted for use by a single business entity. If Client operates or acquires additional business entities, affiliates, or properties that wish to use the deliverables, each requires a separate license negotiated with Blobfish Systems. Multi-entity licensing is available on request at preferred terms.
Survival of restrictions. The restrictions in this Section survive termination of any Optimization Plan or other service relationship. Cancellation of a Optimization Plan does not grant additional license rights.
Scope and change orders. Project scope is defined in a written proposal agreed to in advance. Changes to scope are handled via written change order.
Payment terms. Payment terms will be specified in the project proposal, typically 50% at project start and 50% at delivery.

5. Ongoing Support

After project delivery, Blobfish Systems offers ongoing hourly advisory and new-project work as availability permits. We do not offer 24/7 on-call support unless a separate written agreement establishes it. Response to support requests during normal business hours is best-effort and typically within 1–2 business days.

6. Warranties & Disclaimers

Bug-fix warranty. Custom work is warrantied to materially conform to the specifications in the project proposal for six (6) months after delivery. A "bug" means the software does not do what the proposal said it would do, under the hardware and configuration we originally shipped. Bugs reported within the six-month window will be fixed at no charge.

What is not covered. The following are excluded from the bug-fix warranty and, if requested, are billed at hourly rates or covered by an active Optimization Plan:

New features, behavior changes, or scope additions not in the original proposal
Breakage caused by client modifications to the server, operating system, Node.js, npm packages, or hardware
Breakage caused by third-party API changes (e.g., Twilio, carriers, email providers)
Data issues caused by the client (deleted records, corrupted imports, etc.)
Performance or capacity issues when usage scales beyond assumptions documented in the proposal

After the six-month window, fixes and changes are billed at hourly rates or covered by an active Optimization Plan (see the Plans page).

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION OR IN A SIGNED PROJECT AGREEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOBBY LABS AND ITS OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR REVENUE, ARISING FROM OR RELATED TO THE USE OF THE WEBSITE OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT TO BLOBBY LABS IN THE PRECEDING TWELVE (12) MONTHS.

8. Third-Party Services

Our deliverables and this website may integrate with or link to third-party services (for example, Twilio for SMS, Cloudflare for networking). Those services have their own terms and privacy policies. We are not responsible for the practices of those third parties.

9. SMS & Electronic Communications

Any SMS messages sent through systems we build are governed by the SMS terms in our Privacy Policy and by the applicable opt-in agreement the recipient signed. You consent to receive electronic communications from us (including email and, if you have opted in, SMS) when you contact us or engage our services.

10. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or our services will be resolved in the state or federal courts located in Ohio, and you consent to the exclusive jurisdiction of those courts.

11. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated to active clients and noted on this page. Continued use of the website after changes constitutes acceptance of the revised Terms.

12. Contact

Questions about these Terms should be sent to:

Blobfish Systems
Attn: Chris Campbell
Ohio
hello@blobfishsystems.com