1. Contracting Parties & Engagement

These Master Terms of Service and Performance Warranty govern all speed optimization sprints, tracking architecture installations, and retainer services provided by EightyFive Engineering ("EightyFive", "we", "us", or "our"), with registered operational offices at 4 Crown Place, London EC2A 4BT, United Kingdom, for the client or merchant identified during checkout ("Client" or "you").

Commencement of work or provision of collaborator access constitutes acceptance of these terms.

2. Fees & Dedicated Engineering Scheduling

Fees paid for Speed Sprints ($950 USD), Tracking Architecture ($1,650 USD), and retainers cover dedicated specialist engineering hours, custom liquid/script optimizations, and sandbox cloud compute. Fees are earned upon project initiation to reserve developer capacity. All work is developed and verified in a duplicate staging sandbox prior to live production deployment.

3. Staging Sandbox Verification & Performance Warranty

Technical Exclusions: External factors outside storefront code are excluded from latency calculations, including: third-party app scripts (Klaviyo, Yotpo, Gorgias, Intercom, Zendesk, Meta Pixel, TikTok, GA4), hosting infrastructure latency (Shopify CDN, host TTFB, Cloudflare), cellular network throttling, and merchant-uploaded uncompressed media. Unauthorized theme alterations made by Client or third parties during the sprint void the benchmark.

4. Remediation, Performance Guarantee & Cancellation

If the staging sandbox does not achieve the agreed speed improvements under controlled testing, EightyFive will perform up to two (2) targeted technical remediation rounds on the staging theme to reach target metrics prior to release. If after two remediation rounds the staging theme fails to meet the agreed performance improvement, the Client may elect to cancel the project prior to live deployment and receive an immediate 50% refund of sprint fees, retaining the complete technical diagnostic report.

5. Client Review, Deemed Acceptance & Production Discharge

• Collaborator Access: Client provides standard developer/collaborator access within 48 hours of order placement.
• Staging Review: Upon delivery of the staging sandbox URL, Client reviews and verifies store functionality and speed within three (3) business days.
• Production Deployment as Complete Discharge: Authorization by the Client to deploy, publish, or merge the optimized staging code into the live production store constitutes final, unconditional acceptance of deliverables and complete legal discharge of EightyFive Engineering from any further performance claims.

6. Direct Engineering Support

Client agrees to communicate directly with our engineering team at [email protected] to resolve any technical questions or adjustments in good faith prior to initiating payment disputes.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall EightyFive Engineering, its directors, engineers, or contractors be liable for any indirect, incidental, special, or consequential damages, including loss of profits, sales, or data. Aggregate liability for any claim shall not exceed the total fees paid by the Client for the specific sprint order.

8. Security, Non-Disclosure & Data Privacy

EightyFive operates under strict enterprise confidentiality. We request limited collaborator permissions only, never accept master passwords, and access solely frontend theme assets. We do not access, process, or export customer personal identifiable information (PII) or payment card data.

9. Governing Law & Jurisdiction

These Terms and any agreements for engineering services shall be governed by and construed in accordance with the laws of England and Wales. The courts of London, England shall have exclusive jurisdiction to settle any dispute arising out of or in connection with our services.

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