Last updated: April 21, 2026
These Terms of Service ("Terms") govern your access to and use of the BuildArk website at buildark.dev and the booking platform at bookings.buildark.dev (together, the "Site"), operated by BuildArk ("we," "us," or "our"). By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
BuildArk is a small development studio that designs and builds custom websites, apps, and internal tools for small businesses. The scope, deliverables, timeline, and fees for any paid engagement are defined in a separate proposal or statement of work, which takes precedence over these Terms for anything project-related.
Submitting the contact form, emailing us, or booking a discovery call does not create a binding engagement. A project only begins once both sides sign a proposal and any agreed deposit is received.
Discovery calls are offered free of charge. We may decline to take on a project if the scope, timeline, or fit isn't right — and we'll tell you why.
Unless a signed proposal says otherwise, once final payment has cleared on a client engagement, the client owns 100% of what we build for them: the source code, design files, hosting accounts, domain registrations, and any other deliverables agreed in scope.
Prior to final payment, BuildArk retains ownership of in-progress work. We may retain rights to generic components, libraries, and internal tooling we bring to the project, licensed to the client on a perpetual, non-exclusive basis for use in the delivered work.
You agree not to:
All content on the Site — including copy, logos, design, code, and imagery — is owned by BuildArk or licensed to us. These Terms do not grant you any right to use our branding, marks, or content except for personal, non-commercial viewing.
The Site may link to or integrate third-party services (for example, our booking platform uses Zoho, and transactional emails are sent via Resend). We are not responsible for the content, privacy practices, or performance of third-party services. Your use of them is subject to their own terms.
The Site is provided on an "as is" and "as available" basis, without warranties of any kind — express or implied — including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, though we work to make it so.
This disclaimer applies only to the Site itself. Warranties on paid work are addressed in each project's proposal or statement of work.
To the maximum extent permitted by law, BuildArk shall not be liable for any indirect, incidental, special, consequential, or punitive damages — or any loss of profits, revenues, data, or goodwill — arising from your use of the Site. Our total liability in connection with the Site is limited to one hundred Canadian dollars (CAD $100).
This limitation does not apply to paid engagements, which are governed by their own signed proposal.
You agree to indemnify and hold BuildArk harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your misuse of the Site or breach of these Terms.
We may update these Terms from time to time. The "Last updated" date at the top of this page will reflect any changes. Continued use of the Site after a change means you accept the updated Terms.
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict-of-law principles. Any disputes will be resolved in the courts of Ontario.
Questions about these Terms? Email raz@buildark.dev.