Terms of Service
Last updated: December 1, 2024
Agreement to Terms
By accessing and using Smarteer's website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
Services
Smarteer provides the following services:
- Custom software development and consulting
- Web and mobile application development
- Digital transformation services
- AI and machine learning solutions
- Enterprise integration services
- Technical consulting and support
User Responsibilities
When using our services, you agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Use our services only for lawful purposes
- Not interfere with or disrupt our services
- Respect intellectual property rights
- Comply with all applicable laws and regulations
Intellectual Property Rights
Our Rights
Smarteer retains all rights to:
- Our website, software, and proprietary technology
- Trademarks, service marks, and logos
- Content, designs, and materials we create
- Pre-existing intellectual property used in our services
Client Rights
Upon full payment, clients receive:
- Ownership of custom-developed software and deliverables
- License to use the delivered solution
- Source code and documentation (as specified in project agreement)
Payment Terms
Payment terms are as follows:
- Payment schedules are specified in individual project agreements
- Invoices are due within 30 days of issuance unless otherwise specified
- Late payments may incur additional charges
- All fees are non-refundable unless otherwise agreed in writing
- We reserve the right to suspend services for non-payment
Confidentiality
Both parties agree to:
- Maintain the confidentiality of proprietary information
- Use confidential information only for project purposes
- Not disclose confidential information to third parties
- Return or destroy confidential information upon project completion
- Maintain confidentiality obligations for 5 years after project completion
Limitation of Liability
To the maximum extent permitted by law:
- Smarteer's total liability shall not exceed the amount paid for services
- We are not liable for indirect, incidental, or consequential damages
- We are not liable for data loss or security breaches beyond our control
- These limitations apply even if we have been advised of potential damages
Warranty and Support
Our warranty and support terms include:
- 90-day warranty on delivered software for defects
- Post-launch support as specified in project agreements
- Bug fixes and critical updates during warranty period
- Documentation and training materials
- Extended support available for additional fees
Termination
Either party may terminate this agreement:
- With 30 days written notice for convenience
- Immediately for material breach of terms
- Upon completion of all project deliverables
Upon termination, all outstanding payments become due immediately.
Dispute Resolution
In the event of disputes:
- Parties agree to attempt resolution through good faith negotiation
- If negotiation fails, disputes will be resolved through mediation
- If mediation fails, disputes will be resolved through binding arbitration
- Arbitration will be conducted in New York, NY under AAA rules
- Each party bears their own legal costs
Governing Law
These terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any legal action shall be brought in the courts of New York County, New York.
Severability
If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect.
Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of the modified terms.
Contact Information
If you have any questions about these Terms of Service, please contact us: