Panther & Cub Development Services Terms

Effective date: August 23, 2026
Version: 1.0

These Development Services Terms (“Service Terms”) supplement the Panther & Cub Customer Terms. They apply to website and software development, Shopify work, automations, integrations, analytics implementations, platform migrations, technical configuration, and related services identified in an Order.

1. Specifications and scope

The Order defines the deliverables, supported environments, milestones, acceptance criteria, included revisions, and any post-launch support. Anything not expressly stated is outside scope, including content entry, data cleansing, regulatory analysis, long-term maintenance, hosting, monitoring, backups, third-party subscriptions, and compatibility with future software or platform changes.

Mockups, prototypes, estimates, and demonstrations are illustrative until approved as part of the specifications. A change to requirements, assumptions, integrations, data, design, supported environment, or launch plan may require a written change order.

2. Customer dependencies

Customer will timely provide accurate requirements, content, test data, access, licenses, approvals, and a qualified decision-maker. Customer is responsible for:

• The legality, accuracy, and completeness of Customer data and content.
• Obtaining licenses and permissions for Customer materials and third-party systems.
• Maintaining current backups before Provider accesses or changes a production system.
• Reviewing staging work and completing user-acceptance testing.
• Verifying business rules, prices, taxes, inventory, payment, shipping, accessibility, privacy, and regulated requirements before launch.
• Maintaining credentials, subscriptions, domains, and Customer-controlled accounts.

Provider is not responsible for defects, delays, or losses caused by incomplete requirements, Customer changes, undisclosed dependencies, inaccurate data, third-party systems, or Customer’s failure to test or follow instructions.

3. Development and testing

Provider will use commercially reasonable development and testing practices appropriate to the Order. Software is inherently complex and may contain defects. Unless expressly included, Provider does not warrant that it will discover every defect, security vulnerability, accessibility issue, data anomaly, or incompatibility.

Performance scores, load times, browser behavior, analytics coverage, accessibility results, and security scan results depend on content, devices, networks, third-party code, platform changes, traffic, and configuration. Any target is a testing objective under the stated conditions, not a continuing guarantee.

Customer must not treat a staging, preview, demonstration, or development environment as production-ready or use it with live sensitive data unless Provider expressly approves that use in writing.

4. Acceptance

Customer will test each deliverable against the Order and report any material nonconformity in writing within five business days after delivery or milestone notice, unless the Order states another period. The notice must provide enough detail and access for Provider to reproduce the issue.

A deliverable is accepted when Customer approves it, launches or uses it in production, or does not provide a timely conforming notice. Provider will use reasonable efforts to correct timely reported material nonconformities. New features, subjective preferences, changed requirements, and issues caused by excluded circumstances are not defects.

5. Limited defect-correction period

For 30 days after final acceptance, Provider will correct at no additional professional-services charge a reproducible error in Provider-created code that materially fails to conform to the accepted specifications. This limited remedy does not cover:

• Customer, user, or third-party changes.
• Hosting, networks, browsers, devices, data, integrations, APIs, plugins, themes, or platforms not controlled by Provider.
• New or changed requirements or later platform updates.
• Misuse, unsupported configurations, compromised credentials, malware, or failure to follow documentation.
• Cosmetic preferences or issues that do not materially impair agreed functionality.

After that period, maintenance and remediation are separately billable unless an Order includes continuing support.

6. Launch and operational responsibility

Customer controls final launch approval and accepts the ordinary risks of deploying software. Provider may recommend delaying a launch if material issues remain. If Customer directs a launch against that recommendation, Customer accepts the resulting risk.

Ongoing maintenance, updates, monitoring, incident response, security remediation, backups, disaster recovery, and support are not included unless expressly stated in an Order. Customer is responsible for operating and maintaining the deliverable after handoff.

7. Migrations and data work

Migration and integration work carries risks of downtime, duplication, omission, corruption, formatting changes, broken links, ranking changes, and loss of functionality or historical data. Customer must retain a complete, independently restorable source-system backup and keep the source system available until Customer verifies the migrated system.

Provider will perform only the migration checks and reconciliation stated in the Order. Customer is responsible for final record counts, financial totals, compliance records, data retention, search rankings, and business acceptance. No migration is guaranteed to preserve every item, relationship, setting, ranking, or behavior.

8. Automations and integrations

Automations may fail because of malformed data, expired credentials, rate limits, outages, changed APIs, usage limits, or third-party actions. Unless ongoing monitoring is included in the Order, Customer is responsible for monitoring runs, exception queues, usage charges, and business outcomes and for maintaining a manual fallback for critical processes.

Provider does not guarantee uninterrupted execution, error-free data transfer, or a particular saving or efficiency gain.

9. Intellectual property and licenses

After full payment, Provider assigns to Customer the copyright Provider owns in final custom deliverables created specifically for Customer and identified as assigned deliverables in the Order (“Project IP”). To the extent an assignment cannot legally be made, Provider grants Customer a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute that Project IP for Customer’s business.

Project IP excludes Provider Materials, open-source software, stock assets, platform components, third-party materials, generic code, reusable libraries, tools, methods, know-how, and anything not created specifically for Customer. Provider retains those items and grants only the licenses reasonably necessary for Customer to use the paid deliverable for its intended purpose. Third-party materials remain subject to their own terms. No patent, trademark, or right to a third party’s system is transferred.

Source files, repositories, design files, credentials, and documentation are delivered only as stated in the Order. Provider may retain archival copies subject to confidentiality and legal obligations.

10. Security, privacy, and compliance

Unless an Order expressly says otherwise, Provider is not engaged to provide a legal compliance opinion, penetration test, certification, managed security service, or guarantee of compliance with accessibility, privacy, payment-card, health, financial, export-control, or other regulated standards.

Customer must disclose regulated or high-risk data before work begins and must not provide live payment-card data, health information, biometric data, government identifiers, children’s data, or similarly sensitive data unless the Order expressly authorizes it and identifies required safeguards.

11. Third-party platforms

Shopify, analytics providers, automation platforms, app vendors, payment processors, hosting providers, APIs, and other third parties control their services. Provider is not responsible for their approval decisions, outages, data practices, fees, restrictions, updates, security, deprecations, or continued compatibility.

12. Order of precedence and acceptance

The disclaimers, liability limitations, indemnities, and other Customer Terms apply. If these Service Terms conflict with the Customer Terms, these Service Terms control for the affected development service. A separately signed agreement or Order may override both as described in the Customer Terms.

By accepting an Order for a covered service, Customer agrees to the Order, these Service Terms, and the Customer Terms.