West Texas Decision Systems Terms of Service - West Texas Decision Systems

Last Updated: January 1, 2026
Effective Date: February 3, 2025

Company Name: West Texas Decision Systems, Inc.
Also Known As: West Texas Decision Systems, WTDS, WTDS Entertainment
Contact Email:
Officer of Contact: Dewayne Higgs
Jurisdiction: United States (Texas)

Welcome to West Texas Decision Systems, Inc. (“WTDS”, “we”, “us”, or “our”). These West Texas Decision Systems Terms of Service (“Terms”) govern your use of our services, including software products, Software-as-a-Service (SaaS) solutions, managed services, custom software development, and related offerings (collectively, the “Services”). By accessing or using our Services, you (“Client”, “you”, or “your”) agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Acceptance of Terms

By signing a Statement of Work (SOW), sales quote, purchase order, or by initiating use of our Services (including hosting, API access, or development work), you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. These Terms apply to all individuals and entities using WTDS Services, whether directly or through a third party.

WTDS may update these Terms from time to time. We will notify Clients of material changes via email or through a notice on our website. Continued use of the Services after such notice constitutes acceptance of the revised Terms.

2. Scope of Services

a. Custom Software Development

The scope of custom software development projects (including mobile apps, web applications, and system integrations) is defined by either:

A detailed Statement of Work (SOW) for larger or complex projects, or
An approved Sales Quote for smaller engagements.

The SOW or Sales Quote will specify deliverables, timelines, milestones, acceptance criteria, and responsibilities. Any changes to the scope must be submitted in writing and approved via a formal change order, which may affect pricing and delivery timelines.

b. SaaS and Managed Services

These include, but are not limited to:

API integrations and middleware solutions
Mobile app backend development and maintenance
Software products
WordPress shared site hosting
Ongoing technical support and monitoring

These Services are provided on a fixed-fee, subscription basis, unless otherwise agreed in writing. Fees are due in advance on a monthly, annual or one-time basis, as specified in the applicable invoice or order form.

c. Service Modifications

WTDS reserves the right to modify, suspend, or discontinue any Service (in whole or in part) at any time with reasonable notice to the Client, except in cases of emergency or abuse.

3. Client Responsibilities

You agree to:

Provide timely and accurate information, content, and feedback necessary for project execution.
Designate a primary point of contact for communication and approvals.
Ensure all provided data, materials, and third-party integrations comply with applicable laws and do not infringe on third-party rights.
Maintain secure access credentials and notify WTDS immediately of any unauthorized access.

Failure to meet these responsibilities may result in project delays, additional fees, or suspension of Services.

4. Fees and Payment Terms

a. Pricing

Custom Development: Billed based on the approved Sales Quote or SOW (fixed price or milestone-based).
SaaS & Managed Services: Fixed recurring fees as outlined in the service plan or subscription agreement.

All fees are exclusive of taxes, duties, or levies, which you are responsible for paying.

b. Invoicing and Payment

Invoices are issued in advance for subscription services and according to milestones for custom projects.
Payment is due within 30 days of invoice date unless otherwise agreed.
WTDS reserves the right to suspend Services for unpaid invoices exceeding 30 days.

c. Refunds

Custom Development: Non-refundable once work has commenced, except as required by law.
Subscription Services: No refunds for partial months. Cancellation terminates Services at the end of the current billing cycle.

5. Intellectual Property

a. Pre-Existing IP

WTDS retains all rights, title, and interest in its pre-existing intellectual property, including frameworks, libraries, tools, APIs, and proprietary software (“Background IP”). You are granted a non-exclusive, worldwide, royalty-free license to use Background IP solely as necessary to operate the delivered software.

b. Delivered Work Product

Upon full payment, WTDS assigns all rights, title, and interest in the custom-developed software, code, and deliverables created specifically for you under an SOW or Sales Quote (the “Deliverables”), excluding Background IP.

c. Third-Party and Open Source Components

Deliverables may include third-party or open-source software components. WTDS will disclose significant open-source usage and comply with licensing requirements. You are responsible for compliance with any downstream obligations related to redistribution.

6. Confidentiality

Both parties agree to:

Keep confidential all non-public information received from the other party.
Use such information only for purposes of fulfilling obligations under these Terms.
Protect confidential information using at least the same degree of care as for their own sensitive data.

This obligation survives termination for three (3) years, except for trade secrets, which remain protected indefinitely.

7. Data Protection and Privacy

WTDS complies with applicable data protection laws (e.g., GDPR, CCPA) when processing personal data. Clients are responsible for obtaining necessary consents and ensuring their use of the Services complies with privacy regulations. WTDS implements reasonable technical and organizational measures to protect data but does not warrant immunity from breaches caused by external factors.

8. Warranties and Disclaimers

a. Limited Warranty

WTDS warrants that:

Custom Deliverables will materially conform to the specifications in the SOW or Sales Quote for 90 days from acceptance.
SaaS and managed Services will be performed in a professional and workmanlike manner.

b. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WTDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

IN NO EVENT SHALL WTDS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, OR BUSINESS INTERRUPTION.
WTDS’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO WTDS IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless WTDS from any claims, damages, or expenses (including legal fees) arising from:

Your misuse of the Services.
Your data, content, or third-party integrations.
Your breach of these Terms.

11. Term and Termination

a. Term

These Terms remain in effect for the duration of your use of WTDS Services. Subscription Services continue until canceled in accordance with Section 11(b).

b. Termination

Either party may terminate for material breach with 30 days’ written notice and opportunity to cure. WTDS may suspend or terminate Services immediately for non-payment, abuse, or illegal activity.

Upon termination:

You must pay all outstanding fees.
WTDS will provide a final copy of your data or deliverables upon request (subject to full payment).
Sections on Intellectual Property, Confidentiality, Warranties, Limitation of Liability, and Indemnification shall survive.

12. Support and Maintenance

Custom projects include 60 days of bug-fix support post-delivery.
Ongoing maintenance, updates, and enhancements are available via separate support plans.
SaaS and managed services include 24/7 monitoring and standard support during business hours (Central Time).

13. Use Restrictions

You agree not to:

Reverse engineer, decompile, or disassemble any WTDS software.
Use Services for illegal, abusive, or high-risk activities (e.g., fraud, spam, critical infrastructure).
Resell, lease, or distribute Services without prior written consent.

14. Third-Party Services

WTDS may use third-party tools (e.g., cloud hosting, analytics, payment gateways). We are not responsible for their performance, availability, or policies. You are responsible for your own agreements with such providers when applicable.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in Potter County, Texas. The parties agree to the exclusive jurisdiction of such courts.

16. Miscellaneous

Entire Agreement: These Terms, along with any SOW, Sales Quote, or Order Form, constitute the entire agreement between the parties.
Amendments: Any changes must be in writing and signed by both parties.
Assignment: You may not assign these Terms without WTDS’s prior written consent. WTDS may assign for business transfers.
Notices: All notices shall be sent to the email or physical address on file.
Force Majeure: WTDS is not liable for delays or failures due to causes beyond reasonable control (e.g., natural disasters, war, pandemics).

17. Contact Information

For questions about these West Texas Decision Systems Terms of Service, please contact:

West Texas Decision Systems, Inc.
Email: legal@wtdecisionsystems.com
Mailing Address:

West Texas Decision Systems, Inc.
5900 Balcones Drive #4000
Austin, TX, 78731, USA

We will respond to all legitimate requests within 30 days.

This West Texas Decision Systems Terms of Service document is a living document and is subject to change in accordance with legal and operational requirements.