These Terms and Conditions (“Terms”) govern technology services provided directly by Mushroom Tech LLC, a Delaware limited liability company (“Mushroom Tech,” “we,” “us,” or “our”). Our EIN is 61-2245278. By accepting a proposal, signing an agreement, paying an invoice, or using a service purchased directly from us, you agree to these Terms and the applicable written proposal.
1. Our services
We provide custom web and software development, artificial intelligence and automation solutions, cloud and Internet of Things solutions, technical consulting, integrations, maintenance, and related professional services. These services are personalized: the scope, deliverables, schedule, fees, and acceptance criteria depend on each customer’s requirements and are documented in a proposal, statement of work, order form, or other written agreement.
We also develop and operate our own products and brands, including GoTeamGames. Products offered through another brand or website may have their own terms, privacy notice, pricing, and cancellation rules. Those product-specific terms control for purchases made through that brand.
2. How customers hire us
- A prospective customer contacts us through our website or email and describes the requested project.
- We may hold discovery sessions or request information needed to understand the customer’s goals, systems, and constraints.
- If we can assist, we issue a personalized written proposal stating the scope, deliverables, estimated timing, fees, payment schedule, and any project-specific conditions.
- Unless the proposal states otherwise, work begins only after the customer accepts the proposal in writing and we receive the stated advance payment.
3. Scope and customer responsibilities
The customer must provide accurate information, timely feedback, access to required systems, and materials it has the right to use. Dates may change if approvals, content, credentials, or other dependencies are delayed. Work not included in the agreed scope is a change request and requires written approval of any added fees or schedule changes before we perform it.
4. Fees, payment, and taxes
Fees, currency, milestones, and due dates are stated in the applicable proposal or invoice. Advance and milestone payments are credited against the agreed project fees. Customers are responsible for applicable sales, use, withholding, or similar taxes, excluding taxes on our net income. We may pause work on overdue accounts after giving notice.
Payment methods made available by Mushroom Tech, including payment processors such as dLocal Go, are used only to collect payment for services or products sold by Mushroom Tech. Mushroom Tech does not offer payment processing, money transmission, collection, or settlement services for third-party sellers.
5. Cancellation and refunds
Either party may end a project by written notice, subject to any project-specific agreement. If a customer cancels after work has begun, the customer must pay for work completed through the effective cancellation date and for non-cancellable third-party costs already committed for the project. We will return any prepaid balance that remains after deducting those amounts. Completed milestones and delivered services are not refundable. If we cancel without cause, we will return prepaid fees for work not performed.
6. Intellectual property
Each party retains ownership of materials, software, methods, and intellectual property it owned or developed independently before the project. After full payment, the customer receives the ownership or license rights to custom deliverables specified in the proposal. Unless expressly transferred in writing, Mushroom Tech retains its reusable tools, libraries, know-how, templates, and general-purpose components. Third-party and open-source materials remain subject to their respective licenses.
7. Confidentiality
Each party will use the other party’s non-public confidential information only to perform or receive the services and will protect it using reasonable care. This obligation does not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source. A party may disclose information when legally required after providing notice where permitted.
8. Warranties and third-party services
We will perform professional services with reasonable skill and care. Any project-specific warranty or correction period must be stated in the applicable proposal. Except for express written commitments and to the fullest extent permitted by law, services and deliverables are provided “as is.” We do not control and are not responsible for outages, changes, or policies of third-party platforms, hosting providers, APIs, payment providers, or software selected for a project.
9. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, or consequential damages, or for lost profits, revenue, data, or business opportunity. Mushroom Tech’s aggregate liability arising from a project will not exceed the fees paid to Mushroom Tech for that project during the six months preceding the event giving rise to the claim. These limits do not apply where liability cannot legally be limited.
10. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Before filing a claim, the parties will attempt in good faith to resolve the dispute through written notice and direct discussion. Unless a signed agreement says otherwise, state and federal courts located in Delaware will have exclusive jurisdiction.
11. Changes and contact
We may update these Terms for future transactions by posting a new effective date. Changes do not retroactively alter an accepted proposal. Questions may be sent to benjamin@mushroom-tech.com.
Mushroom Tech LLC
EIN: 61-2245278
1111B S Governors Ave STE 26815
Dover, Delaware 19904, United States