Terms of Service
Last updated: June 29, 2026
1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you — whether you are an individual visitor, a prospective client, a current client, or an authorized representative of an organization — and EBP SOLUTIONS LLC, a company organized under the laws of the State of California with its principal place of business at 4648 N Ensanada Ave, Fresno, CA 93723-3018, United States. By accessing or using our website at www.ebpsolutions.mom, engaging our computer systems design, integrated systems design, consulting, or technical support services, or otherwise interacting with us in a professional capacity, you affirm that you have read, understood, and agree to be bound by these Terms of Service in their entirety.
If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, the term you shall refer to both you as an individual and the entity you represent. If you do not have that authority, or if you do not agree with any provision of these Terms, you must not accept these Terms, you must not use our website, and you must not engage our services.
We reserve the right to verify that any individual purporting to act on behalf of an entity is duly authorized to do so. In the event of any dispute regarding your authority to bind the entity you claim to represent, we may suspend or terminate access to our services until such authority is established to our reasonable satisfaction. Your continued use of the website or services following any modification to these Terms, as described in Section 12, constitutes your acceptance of the modified Terms.
2. Description of Services
EBP SOLUTIONS LLC provides computer systems design and integrated systems design services within the Professional, Scientific, and Technical Services sector. Our service offerings encompass systems consulting, software architecture design, infrastructure design and engineering, data engineering and pipeline development, security compliance consulting, and ongoing technical support — collectively referred to in these Terms as the Services. Each engagement is governed by these Terms together with a separate Statement of Work, Master Services Agreement, or project-specific contract that defines the scope, deliverables, timeline, fees, and any additional terms applicable to that particular engagement.
The specific parameters of each engagement — including the project objectives, technical requirements, acceptance criteria, milestones, and any assumptions or exclusions — are documented in the applicable Statement of Work or engagement letter. In the event of any inconsistency between these Terms and the provisions of a duly executed Statement of Work or Master Services Agreement, the provisions of the Statement of Work or Master Services Agreement shall prevail with respect to that specific engagement. No amendment to the scope of an engagement is effective unless documented in a written change order signed by both parties.
We make no representation that our website content or service descriptions are appropriate or available for use in locations outside the United States. If you access our website or services from other jurisdictions, you do so on your own initiative and are responsible for compliance with all applicable local laws, rules, and regulations. We reserve the right to modify, suspend, or discontinue any aspect of our services — including specific service offerings, features, and delivery methods — at any time without prior notice. However, any modification to an active engagement shall be handled through the change order process described in the applicable Statement of Work rather than unilaterally.
3. Intellectual Property Rights
All content, materials, and intellectual property made available on or through our website — including but not limited to text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, software code, architectural diagrams, documentation templates, methodologies, and the overall design, selection, and arrangement of content — is owned by or licensed to EBP SOLUTIONS LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The EBP SOLUTIONS LLC name, the EBP Solutions logo, the tagline Solutions That Work, and the phrase Engineering Better Possibilities are trademarks and service marks of EBP SOLUTIONS LLC and may not be used without our prior written permission.
With respect to deliverables created for clients in the course of a paid engagement, ownership and licensing rights are addressed in the applicable Statement of Work or Master Services Agreement. Unless otherwise agreed in writing, EBP SOLUTIONS LLC retains ownership of all pre-existing materials, tools, frameworks, methodologies, libraries, and know-how that we bring to an engagement or develop independently of your project. You retain ownership of your pre-existing materials and data that you provide to us for use in the engagement. Any intellectual property created specifically for you and designated as a work-for-hire deliverable in the Statement of Work shall be assigned to you upon full and final payment of all fees due under the applicable agreement.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website and its content solely for your personal or internal business purposes related to evaluating and engaging our services. This license does not include any right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website except as incidental to normal web browsing or as expressly authorized in writing by us. Any use of our website content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
4. User Obligations and Conduct
By using our website and services, you agree to conduct yourself in a professional, lawful, and respectful manner at all times. You agree not to use our website or services for any purpose that is unlawful under any applicable federal, state, local, or international law, regulation, or ordinance. You further agree not to engage in any activity that interferes with or disrupts the operation of our website, our services, or the servers and networks that host them — including but not limited to transmitting any viruses, malware, worms, Trojan horses, logic bombs, denial-of-service attacks, or other material that is malicious or technologically harmful.
You are responsible for maintaining the confidentiality of any account credentials, API keys, or access tokens we issue to you, and you agree to accept responsibility for all activities that occur under your account or through your authorized access points. You shall notify us immediately of any unauthorized use of your credentials or any other breach of security. We reserve the right to disable any user identification code or password — whether chosen by you or allocated by us — at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You agree to provide accurate, current, and complete information when interacting with us — including when submitting inquiries, entering into service agreements, or providing materials for use in an engagement. You acknowledge that the quality of our services depends in material part on the accuracy and completeness of the information you provide. We are not responsible for errors, delays, or suboptimal outcomes that result directly from inaccurate, incomplete, or misleading information supplied by you. You shall not impersonate any other person or entity, misrepresent your affiliation with any person or entity, or use a false identity in the course of your interactions with us.
5. Payment Terms
Fees for our services are established in the applicable Statement of Work, Master Services Agreement, or engagement letter executed between you and EBP SOLUTIONS LLC. The fee structure for each engagement — whether fixed-price, time-and-materials, retainer-based, or milestone-driven — is specified in the governing project document along with the payment schedule, invoicing cadence, and any applicable taxes, expenses, or pass-through costs. All fees are quoted and payable in United States Dollars unless otherwise expressly stated in writing.
Invoices are due and payable within thirty calendar days of the invoice date unless a different payment term is specified in the applicable Statement of Work. Late payments shall accrue interest at the rate of one and one-half percent per month, or the maximum rate permitted by applicable law, whichever is less. In the event that payment is not received within sixty calendar days of the due date, we reserve the right to suspend work on the engagement until all overdue amounts are paid in full. You shall be responsible for all costs of collection — including reasonable attorneys' fees and court costs — incurred in connection with the collection of any overdue amounts.
For engagements involving recurring services — such as ongoing technical support contracts, retainer arrangements, or managed services — you authorize us to charge the payment method on file for each billing period in accordance with the applicable fee schedule. You may update your payment method by providing written notice at least ten business days before the next billing date. All fees are non-refundable except as expressly provided in the applicable Statement of Work or as required by law. If you dispute any charge, you must notify us in writing within fifteen calendar days of the invoice date; failure to do so constitutes your acceptance of the charge as valid.
6. Confidentiality
In the course of our engagement, each party may disclose to the other certain non-public, proprietary, or confidential information — whether in written, oral, electronic, or visual form — that the disclosing party identifies as confidential or that, given the nature of the information and the circumstances of disclosure, ought reasonably to be treated as confidential. This includes, without limitation, business strategies, financial data, customer and supplier lists, technical specifications, source code, system architectures, trade secrets, security assessments, and any information clearly designated as confidential by the disclosing party. Both parties agree to protect the other's confidential information using the same degree of care that each employs to protect its own confidential information of like importance, and in no event less than a reasonable standard of care.
The receiving party shall not use the disclosing party's confidential information for any purpose other than the performance of obligations under these Terms and the applicable Statement of Work. The receiving party shall not disclose confidential information to any third party without the prior written consent of the disclosing party, except to its employees, contractors, and agents who have a genuine need to know the information for the permitted purpose and who are bound by confidentiality obligations at least as protective as those set forth in this section. The confidentiality obligations set forth herein survive the termination or expiration of these Terms and any applicable Statement of Work for a period of three years, or indefinitely with respect to trade secrets.
The foregoing obligations shall not apply to information that the receiving party can demonstrate was already known to it without restriction at the time of disclosure, is or becomes publicly known through no wrongful act or omission of the receiving party, is rightfully received from a third party without restriction and without breach of any confidentiality obligation, is independently developed by the receiving party without reference to or use of the confidential information, or is required to be disclosed by law, regulation, or court order — provided that the receiving party gives the disclosing party prompt written notice of such requirement and reasonably cooperates with the disclosing party in any effort to obtain a protective order or other confidential treatment.
7. Limitation of Liability
To the fullest extent permitted by applicable law, EBP SOLUTIONS LLC and its members, managers, officers, employees, contractors, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including but not limited to loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption, or cost of substitute goods or services — arising out of or in connection with these Terms, the use of or inability to use our website or services, or any engagement governed by these Terms, regardless of the legal theory on which the claim is based — whether contract, tort, negligence, strict liability, warranty, or otherwise — and even if we have been advised of the possibility of such damages.
In no event shall the aggregate liability of EBP SOLUTIONS LLC arising out of or related to these Terms or any services provided hereunder exceed the total amount of fees paid or payable by you to EBP SOLUTIONS LLC under the specific Statement of Work or engagement from which the claim arises during the twelve-month period immediately preceding the event giving rise to the claim. In the case of claims related solely to the use of our website and not to any paid engagement, our total liability shall not exceed one hundred United States dollars. The limitations of liability set forth in this section shall apply notwithstanding any failure of essential purpose of any limited remedy and shall survive any termination or expiration of these Terms.
The limitations and exclusions in this section reflect a deliberate and bargained-for allocation of risk between the parties and constitute an essential element of the basis of the bargain between us. You acknowledge that the fees we charge for our services reflect this allocation of risk and that we would not enter into engagements without these limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the limitations above may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by the law of that jurisdiction.
8. Disclaimer of Warranties
Your use of our website and services is at your sole risk. To the fullest extent permitted by applicable law, our website and all services, content, materials, information, and deliverables provided through or in connection with our website or services are provided on an as is and as available basis, without any representations, warranties, or conditions of any kind — whether express, implied, statutory, or otherwise. EBP SOLUTIONS LLC expressly disclaims all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing, course of performance, or usage of trade.
Without limiting the generality of the foregoing, we do not warrant that our website will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; that any defects or errors will be corrected; or that the results that may be obtained from the use of our website or services will be accurate, reliable, or meet your expectations. We make no warranty regarding the quality, accuracy, completeness, or currency of any information, content, or materials made available on or through our website. Any reliance you place on such information is strictly at your own risk.
For paid service engagements, the warranties applicable to specific deliverables are set forth in the governing Statement of Work or Master Services Agreement. In the absence of express warranty terms in such documents, we warrant that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards for computer systems design and integrated systems engineering. Your sole and exclusive remedy for any breach of this performance warranty shall be the reperformance of the deficient services at our expense. This warranty is void if the deficiency results from your failure to provide accurate information, your modification of deliverables without our involvement, or your use of deliverables in a manner inconsistent with the documented specifications or our written instructions.
9. Termination
These Terms apply continuously from the date you first access our website or engage our services until terminated as provided in this section. We reserve the right to terminate or suspend your access to our website, in whole or in part, at any time and for any reason — including violation of these Terms — without prior notice or liability. For paid service engagements, termination is governed by the terms set forth in the applicable Statement of Work or Master Services Agreement. In the absence of specific termination provisions in such documents, either party may terminate an engagement upon thirty calendar days' written notice to the other party for convenience, or immediately upon written notice for cause — where cause includes a material breach of these Terms or the applicable Statement of Work that remains uncured for fifteen calendar days after the non-breaching party provides written notice describing the breach.
Upon termination of an engagement for any reason, you shall pay all fees and expenses accrued through the effective date of termination. If the engagement is terminated by you for convenience — that is, for reasons other than our material breach — you shall also pay for any non-cancellable commitments we have incurred on your behalf in reliance on the engagement and for any work-in-progress through the date of termination, calculated on a time-and-materials basis at our then-current standard rates. If the engagement is terminated by you for our material breach, your obligation to pay extends only through the date of your notice of breach, and we shall refund any prepaid fees for services not yet performed as of the effective date of termination.
The provisions of these Terms that by their nature are intended to survive termination — including but not limited to intellectual property rights, confidentiality obligations, limitations of liability, disclaimers of warranty, governing law, and dispute resolution provisions — shall survive any termination or expiration of these Terms or any applicable Statement of Work. Termination does not relieve either party of any obligation or liability that accrued prior to the effective date of termination.
10. Governing Law
These Terms of Service and any dispute, claim, or controversy arising out of or relating to them — whether in contract, tort, statute, or otherwise — shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any conflict of laws principles that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any transaction conducted under them.
This choice of law applies regardless of where you are located or where you access our website or services from. By using our website or engaging our services, you agree that the state and federal courts located within Fresno County, California shall have exclusive jurisdiction over any legal action or proceeding arising out of or related to these Terms, and you consent to the personal jurisdiction and venue of such courts. You waive any objection to venue or jurisdiction based on the doctrine of forum non conveniens or any similar doctrine.
We make no representation that our website, its content, or our services are appropriate, lawful, or available for use in all jurisdictions. If you choose to access our website or engage our services from a jurisdiction outside the State of California, you are responsible for compliance with all local laws applicable to your activities, and you agree that you will not use our services in any manner that would violate those laws. The prevailing party in any legal action to enforce or interpret these Terms shall be entitled to recover its reasonable attorneys' fees and costs in addition to any other relief to which it may be entitled.
11. Dispute Resolution
We believe that most disputes can be resolved efficiently and fairly without resorting to formal litigation. Before initiating any legal proceeding, each party agrees to make a good-faith effort to resolve any dispute informally. The party raising a dispute shall provide written notice to the other party describing the nature of the dispute, the specific relief sought, and any supporting documentation. Within fifteen business days of receipt of such notice, representatives of both parties with authority to resolve the dispute shall meet — whether in person, by telephone, or by video conference — to attempt to reach a mutually satisfactory resolution.
If the parties are unable to resolve the dispute through direct negotiation within thirty calendar days of the initial written notice, either party may elect to submit the dispute to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree within fifteen calendar days, appointed by the American Arbitration Association. The arbitration shall take place in Fresno County, California, unless the parties mutually agree to a different location or agree to conduct the arbitration by video conference or other remote means. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, including injunctive relief, but shall have no authority to award punitive or exemplary damages except to the extent such damages would be available under the governing law identified in Section 10 as determined by the arbitrator.
The arbitration proceedings and all evidence, testimony, and submissions shall be treated as confidential to the fullest extent permitted by law. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees incurred in connection with the arbitration, and the parties shall share equally the fees and expenses of the arbitrator and the American Arbitration Association, unless the arbitrator determines that a different allocation is warranted under the circumstances. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration, and the obligation to arbitrate does not apply to claims that applicable law prohibits from being resolved through mandatory arbitration.
12. Modifications to Terms
EBP SOLUTIONS LLC reserves the right to modify, amend, or replace these Terms of Service at any time and at our sole discretion. When we make changes, we will update the last updated date at the top of this page and post the revised Terms here. Changes take effect immediately upon posting unless we specify a later effective date. It is your responsibility to review these Terms periodically so that you remain informed of any modifications. Your continued use of our website or services after any changes to these Terms constitutes your acceptance of the updated Terms.
For material changes that significantly affect your rights or obligations — including but not limited to changes to the limitation of liability, dispute resolution, governing law, or payment terms — we will make reasonable efforts to provide additional notice, which may include a prominent notice on our website, an email to the address we have on file for you, or both. If you do not agree with the modified Terms, your sole remedy is to discontinue your use of our website and to terminate any ongoing service engagements in accordance with the termination provisions set forth in Section 9 and in the applicable Statement of Work. No modification to these Terms shall apply retroactively to any dispute that arose prior to the effective date of the modification.
For clients with active service engagements, any modification to these Terms that would materially and adversely affect the terms governing that specific engagement shall not take effect with respect to that engagement until the earlier of the engagement's natural conclusion or the execution of an amendment to the engagement agreement. This provision is not intended to limit our right to modify these Terms with respect to your use of our website or with respect to any new engagement entered into after the modification date.
13. Contact Information
If you have questions, concerns, or requests regarding these Terms of Service, or if you need to provide notice as required or permitted under any provision of these Terms, we encourage you to reach out to us. We take every inquiry seriously and will respond as promptly and thoroughly as possible. All formal notices under these Terms must be provided in writing and shall be deemed given when delivered personally, when sent by certified or registered mail with return receipt requested, or when sent by electronic mail with confirmed receipt to the addresses set forth below.
You may contact us through any of the following channels:
EBP SOLUTIONS LLCAttn: Legal Department
4648 N Ensanada Ave
Fresno, CA 93723-3018
United States
Email: service@ebpsolutions.mom
Phone: +1 (774) 702-4399
We value transparency and open communication. If you believe that we have not adequately addressed a concern related to these Terms, you may also contact the legal or regulatory authority with jurisdiction over consumer protection or professional services in your jurisdiction. We will cooperate in good faith with any such inquiry.