Terms of Service

Germinate, LLC

Last updated: August 25, 2026

1. These terms cover this website only

Welcome to germinateapps.com (the “Site”), operated by Germinate, LLC, an Oregon limited liability company (“Germinate,” “we,” “us”). These Terms of Service (“Terms”) are a legal agreement between you and Germinate governing your use of the Site.

By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

These Terms govern the Site. They do not govern our services.

2. Relationship to our client agreements

Germinate provides custom software development, managed hosting, maintenance, and technical support under separately negotiated written agreements.

If you are a Germinate client, or are evaluating becoming one, read this carefully:

• Our services are governed exclusively by the written agreement between us — typically a Master Services Agreement, one or more Statements of Work, a Data Processing Agreement, and, where protected health information is involved, a Business Associate Agreement (together, the “Client Agreement”).
• Nothing on this Site, and nothing in these Terms, modifies, supplements, limits, or forms part of any Client Agreement. These Terms create no rights or obligations with respect to our services.
• In the event of any conflict or inconsistency between these Terms and a Client Agreement, the Client Agreement controls in full. This is true regardless of which document is dated later and regardless of any provision in these Terms permitting us to amend them.
• No statement, description, price, timeline, capability, or representation on this Site is a warranty, commitment, offer, or term of any Client Agreement. Only a signed Client Agreement binds us.

If you do not have a Client Agreement with us, these Terms govern your use of the Site and nothing more.

3. Applications we host for our clients

Germinate operates managed hosting environments for many independent companies, and builds custom applications that those companies own and operate.

These Terms do not apply to any application Germinate hosts, maintains, or developed for a client. Each of those applications is operated by the client that owns it. That client — not Germinate — sets its terms of service and privacy policy, controls its data, and holds the relationship with its users.

If you are a user of an application that Germinate hosts:

• the operating company's terms and privacy policy govern your use of it;
• your account, your data, and your rights regarding that data are matters between you and that company; and
• Germinate acts only as that company's service provider, under contract, and cannot access, change, release, or delete your data except on that company's instructions.

Requests about your account or data in a hosted application must go to the company that operates it. If you send such a request to us, we will forward it to that company and tell you we have done so, but we cannot act on it ourselves.

Every company we host is a separate, independent business. Being hosted by Germinate does not make a company our subsidiary, our affiliate, or a partner of any other company we host, and each publishes its own terms governing its own product.

4. Permitted use of the Site

You may view, browse, and use the Site for lawful purposes — learning about our services, contacting us, and applying for roles with us.

You agree not to:

• use the Site in violation of any applicable law or regulation;
• attempt to gain unauthorized access to the Site, any Germinate system, any client environment, or any account, or probe, scan, or test the vulnerability of any of them;
• interfere with or disrupt the Site, including by transmitting malware, mounting a denial-of-service attack, or overloading our infrastructure;
• scrape, crawl, harvest, or use automated means to extract data from the Site except as a well-behaved search engine crawler respecting our robots.txt;
• use the Site or any content from it to train a machine learning model without our prior written permission;
• misrepresent your identity or affiliation, or impersonate any person or entity;
• use the Site to send unsolicited commercial messages, or to solicit our personnel or clients through it; or
• remove, obscure, or alter any proprietary notice on the Site.

We may suspend or block access to the Site, in whole or in part, at any time and without notice, where we reasonably believe it is necessary to protect the Site, our clients, our personnel, or third parties. Suspension of Site access does not affect any Client Agreement.

5. What you send us

You keep what you send. You retain ownership of everything you submit through the Site — form submissions, emails, job applications, and any materials you attach.

A narrow permission to use it. You grant Germinate a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and internally distribute material you submit through the Site, solely to:

• respond to and act on your submission;
• evaluate your application, if you have applied for a role; and
• keep records of our communications.

That is the whole license. It ends when we delete the material under our retention schedule.

Public submissions. If we offer a feature that publishes your submission — a testimonial, a review, a comment, a case study you consent to — you grant us a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute that specific submission in connection with promoting our business, until you ask us to stop. We will ask you before publishing anything attributable to you.

What this license does not reach. This Section 5 applies only to material submitted through this Site. It does not apply to, and grants us no rights in:

• Customer Information, Deliverables, or any other materials governed by a Client Agreement, whose ownership and licensing are determined solely by that agreement;
• any confidential information disclosed under a non-disclosure agreement; or
• any protected health information.

Please don't send us confidential material through the Site. Web forms and email are not secure channels. Do not submit trade secrets, protected health information, payment card data, government identifiers, or anything else sensitive through the Site. If you need to share confidential material, contact us and we will arrange a secure channel and, where appropriate, an NDA first.

Representations. You represent that you have the right to submit what you send, that it does not infringe anyone's rights or violate any law, and that it does not contain malware.

6. Feedback

If you send us ideas, suggestions, or feedback about our business, services, or this Site, you agree we may use them for any purpose without obligation, attribution, or compensation to you. This does not apply to anything covered by a Client Agreement or an NDA, and it does not affect any patent rights you hold.

7. Our content

The Site and its contents — text, graphics, logos, images, layout, code, and design — are owned by Germinate or its licensors and are protected by copyright, trademark, and other laws. “Germinate” and our logos are our marks. You may not use them without our written permission, except to refer to us factually and accurately.

You may view and print pages from the Site for your own internal reference. Any other reproduction, distribution, modification, republication, or commercial use requires our prior written consent.

8. Site content is informational

Content on the Site is provided for general information. It describes our services in general terms and is not an offer, a quote, a warranty, or professional advice. Case studies, examples, and descriptions of past work illustrate what we have done for others; they are not a prediction or promise of results for you.

We try to keep the Site accurate and current, but we do not warrant that it is. We may change, remove, or update content at any time without notice.

9. Third-party links

The Site may link to third-party websites and resources. We do not control them, do not endorse them, and are not responsible for their content, their practices, or their privacy policies. Following a link is at your own risk, and the third party's terms will govern once you leave.

10. Disclaimer of warranties

THE SITE AND ALL CONTENT ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GERMINATE DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT ON THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply to the fullest extent permitted, and you may have additional rights.

This Section 10 applies to the Site only. Warranties relating to our services are addressed exclusively in the applicable Client Agreement.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GERMINATE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence.

This Section 11 applies to the Site only. Liability relating to our services is governed exclusively by the limitation of liability provisions in the applicable Client Agreement, which are separate from and unaffected by the cap above.

12. Indemnification

You agree to indemnify, defend, and hold harmless Germinate and its members, managers, officers, employees, contractors, and agents from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your breach of these Terms, or your violation of any law or third-party right. We reserve the right to control the defense of any such claim at your expense, and you agree to cooperate.

13. Privacy

Our Privacy Policy explains what we collect through the Site and how we handle it. Please read it. As explained there, it covers this Site only — not applications we host for clients, and not data our clients entrust to us.

14. Export controls and sanctions

You may not use the Site, or export or re-export any content from it, in violation of U.S. export control or sanctions laws, including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control. You represent that you are not located in, ordinarily resident in, or organized under the laws of a comprehensively sanctioned jurisdiction, and that you are not a person with whom U.S. persons are prohibited from dealing.

15. Changes to these Terms

We may revise these Terms. When we do, we will update the “Last updated” date above and post the revised Terms here.

Material changes take effect 30 days after we post them, and we will note the change prominently on this page during that period. Your continued use of the Site after that date means you accept the revised Terms. Non-material changes — corrections, clarifications, formatting — take effect when posted.

For the avoidance of doubt, and notwithstanding this Section: no revision to these Terms can amend any Client Agreement. Client Agreements may be amended only as those agreements themselves provide.

16. Governing law and disputes

These Terms and any dispute arising out of them or the Site are governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles.

Informal resolution first. Before filing anything, please contact us at hello@germinateapps.com and give us 30 days to try to resolve the matter with you.

Venue. If we cannot resolve it, you and Germinate agree that any action arising out of these Terms or the Site will be brought exclusively in the state or federal courts located in Clackamas County, Oregon, and each of us submits to the personal jurisdiction of those courts.

Attorneys' fees. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs as fixed by the court.

Time limit. Any claim arising out of these Terms or the Site must be brought within one year after it arises, or it is permanently barred, except where applicable law prohibits shortening the limitations period.

17. Accessibility

We want the Site to be usable by everyone, and we work toward conformance with WCAG 2.1 Level AA. If you encounter a barrier, please contact us at hello@germinateapps.com and tell us what happened — we will work with you to provide the information or function you need.

18. General

Entire agreement (as to the Site). These Terms and the Privacy Policy are the entire agreement between you and Germinate regarding the Site, and supersede any prior understanding on that subject. They do not supersede, and have no effect on, any Client Agreement.

Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest of these Terms will remain in effect.

No waiver. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

No third-party beneficiaries. These Terms create no rights in anyone other than you and Germinate.

No agency. Nothing here creates a partnership, joint venture, employment, or agency relationship between us.

Survival. Sections 5 through 7 and 10 through 18 survive any termination of your access to the Site.

Headings. Headings are for convenience and do not affect interpretation.

20. Contact

Germinate, LLC
525 3rd St Ste 200
Lake Oswego, OR 97034
United States

hello@germinateapps.com
(503) 828-1828