Terms of Service

Last updated: March 15, 2026

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Custom by StartFourth, a division of StartFourth ("Company," "we," "our," or "us"). By accessing our website or engaging our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access our website or use our services.

Services Overview

Custom by StartFourth provides business development and project services including, but not limited to:

  • Custom application development
  • Product design and manufacturing sourcing
  • Franchise and licensing development
  • Music label infrastructure
  • Bespoke business projects
  • Project financing through Rapids Funding GROW

Specific services, deliverables, timelines, and pricing are defined in individual service agreements between you and the Company.

Eligibility

To use our services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from receiving services under applicable law
  • Provide accurate and complete information as requested

Project Applications

Submitting a project application does not guarantee acceptance. We review all applications and reserve the right to accept or decline any project at our sole discretion. Factors we consider include project viability, alignment with our capabilities, and applicant qualifications.

Information submitted in applications must be accurate and complete. Providing false or misleading information may result in immediate termination of any agreement and forfeiture of fees paid.

Service Agreements

All projects require a separate written service agreement that outlines:

  • Scope of work and deliverables
  • Timeline and milestones
  • Pricing and payment terms
  • Intellectual property ownership
  • Confidentiality obligations
  • Termination provisions

In the event of any conflict between these Terms and a service agreement, the service agreement shall govern with respect to that specific project.

Financing Terms

Financing through the Rapids Funding GROW program is subject to separate terms and conditions provided by Rapids Funding. Approval for financing is not guaranteed and is subject to credit evaluation and other qualifying criteria.

The Company does not guarantee approval for financing. Financing terms, including interest rates, payment schedules, and fees, are determined by Rapids Funding and disclosed in the financing agreement.

Payment Terms

Payment terms are specified in individual service agreements. Generally:

  • Deposits may be required before work begins
  • Progress payments may be tied to project milestones
  • Final payment is due upon project completion or as specified
  • Late payments may incur fees and interest as specified in the service agreement

For financed projects, payment terms are governed by the financing agreement with Rapids Funding.

Intellectual Property

Your Content

You retain ownership of any content, materials, or intellectual property you provide to us for the project ("Your Content"). By providing Your Content, you grant us a non-exclusive license to use it solely for the purpose of delivering the services.

Deliverables

Unless otherwise specified in your service agreement, upon full payment, you will own the intellectual property rights to the deliverables created specifically for your project. We retain the right to use general knowledge, skills, and techniques developed during the project.

Our Intellectual Property

We retain all rights to our proprietary tools, processes, methodologies, and pre-existing intellectual property used in delivering services. Nothing in these Terms transfers ownership of our intellectual property to you.

Confidentiality

We treat all project information as confidential. We will not disclose your business plans, trade secrets, or proprietary information to third parties without your consent, except as required to deliver the services or as required by law.

You agree to keep confidential any proprietary processes, methodologies, or business information we share with you during the project.

Representations and Warranties

You represent and warrant that:

  • All information you provide is accurate and complete
  • You have the authority to enter into agreements and engage our services
  • Your project does not involve illegal activities
  • You own or have rights to any content you provide
  • Your use of our deliverables will comply with applicable laws

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA.
  • WE ARE NOT LIABLE FOR THE SUCCESS OR PROFITABILITY OF YOUR BUSINESS OR PROJECT.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that:

  • Your project will achieve specific business results
  • Our services will be uninterrupted or error-free
  • Third parties (manufacturers, distributors, etc.) will perform as expected
  • Market conditions will be favorable for your project

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your use of our services or deliverables
  • Your violation of any third-party rights
  • Any claims related to Your Content

Termination

Either party may terminate a service agreement as specified in that agreement. Upon termination:

  • You remain liable for any outstanding payments
  • We will deliver any completed work as of the termination date
  • Confidentiality obligations survive termination

We reserve the right to suspend or terminate your access to our website or services for violation of these Terms.

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

  1. Negotiation: The parties shall first attempt to resolve disputes through good-faith negotiation.
  2. Mediation: If negotiation fails, the parties agree to attempt mediation before pursuing other remedies.
  3. Arbitration or Litigation: Unresolved disputes shall be settled by binding arbitration or in courts of competent jurisdiction, as specified in the applicable service agreement.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede all prior agreements and understandings.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

Contact Information

For questions about these Terms, please contact us at:

Custom by StartFourth
Email: [email protected]
Website: startfourth.com/custom