Terms of Service
Please read these terms carefully before using our services. They govern your relationship with Apexibyte.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "you") and Apexibyte ("we," "us," or "our") governing your use of our website and product engineering services.
These Terms apply to all visitors, users, and clients of Apexibyte. For specific project engagements, these Terms are supplemented by a Statement of Work (SOW) or Service Agreement that outlines the specific deliverables, timeline, and pricing for your project.
Your IP is Protected
You own all custom deliverables upon full payment.
Clear Payment Terms
Invoices due within 14 days. No hidden fees.
30-Day Warranty
We fix bugs at no charge within 30 days of delivery.
1. Acceptance of Terms
Agreement to Terms
By accessing or using the Apexibyte website (apexibyte.com) or engaging our product engineering services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.
Modifications
Apexibyte reserves the right to modify these Terms of Service at any time. We will notify you of significant changes by posting the updated terms on this page with a revised effective date. Your continued use of our services after any changes constitutes your acceptance of the new terms.
2. Services
Scope of Services
Apexibyte provides product engineering services including web application development, mobile application development, UI/UX design, backend API development, and related consulting services. The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate Statement of Work (SOW) or Service Agreement.
Service Availability
We strive to maintain high availability of our website and client portals. However, we do not guarantee uninterrupted access and reserve the right to perform maintenance, updates, or modifications that may temporarily affect availability.
Changes to Services
Apexibyte reserves the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of significant changes that affect ongoing client engagements.
3. Client Responsibilities
Accurate Information
You agree to provide accurate, complete, and current information when engaging our services. Inaccurate or misleading information may result in delays, additional costs, or termination of the engagement.
Timely Feedback & Approvals
Project timelines depend on timely feedback, approvals, and provision of required materials from the client. Delays caused by the client may result in revised timelines and additional costs.
Lawful Use
You agree to use our services only for lawful purposes and in compliance with all applicable laws and regulations. You must not use our services to develop products that are illegal, harmful, or infringe on the rights of others.
Account Security
If you are provided with account credentials to access our client portal or project management tools, you are responsible for maintaining the confidentiality of those credentials and for all activities that occur under your account.
4. Intellectual Property
Client Ownership
Upon full payment of all fees, Apexibyte assigns to the client all intellectual property rights in the custom deliverables created specifically for that client under the applicable SOW, including source code, designs, and documentation.
Apexibyte IP
Apexibyte retains ownership of all pre-existing intellectual property, proprietary tools, frameworks, libraries, and methodologies used in delivering services. Any such materials incorporated into client deliverables are licensed to the client on a non-exclusive, perpetual basis.
Third-Party Components
Our deliverables may incorporate open-source software or third-party components. Such components are subject to their respective licenses, which will be disclosed to the client.
Portfolio Rights
Unless otherwise agreed in writing, Apexibyte reserves the right to reference the client relationship and display non-confidential aspects of completed work in our portfolio and marketing materials.
5. Payment Terms
Fees & Invoicing
Fees for our services are as specified in the applicable SOW or Service Agreement. Invoices are due within 14 days of issuance unless otherwise agreed. All fees are exclusive of applicable taxes.
Late Payments
Late payments may incur interest at a rate of 1.5% per month on the outstanding balance. Apexibyte reserves the right to suspend work on any project where payment is overdue by more than 30 days.
Refunds
Fees for completed work are non-refundable. For ongoing engagements, if either party terminates the agreement, the client is responsible for payment of all work completed up to the termination date.
6. Confidentiality
Mutual Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business strategies, technical specifications, financial information, and client data. Confidentiality obligations survive the termination of the engagement for a period of 3 years.
Exceptions
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law or court order.
7. Warranties & Disclaimers
Service Warranty
Apexibyte warrants that our services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a 30-day warranty period after project delivery during which we will fix any bugs or defects in the deliverables at no additional charge.
Disclaimer of Warranties
Except as expressly stated above, our services and website are provided "as is" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Guarantee of Results
Apexibyte does not guarantee specific business outcomes, revenue growth, or performance metrics resulting from the use of our deliverables. Business results depend on many factors outside our control.
8. Limitation of Liability
Liability Cap
To the maximum extent permitted by applicable law, Apexibyte's total liability to you for any claims arising from or related to our services shall not exceed the total fees paid by you to Apexibyte in the 12 months preceding the claim.
Exclusion of Consequential Damages
In no event shall Apexibyte be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, even if we have been advised of the possibility of such damages.
9. Termination
Termination by Either Party
Either party may terminate an engagement with 30 days written notice. Apexibyte may terminate immediately if the client breaches these terms, fails to make payment, or engages in conduct that is harmful or unlawful.
Effect of Termination
Upon termination, the client shall pay for all work completed up to the termination date. Apexibyte will deliver all completed work product to the client upon receipt of final payment.
10. Governing Law & Disputes
Governing Law
These Terms of Service shall be governed by and construed in accordance with applicable laws. Any disputes arising from these terms or our services shall first be attempted to be resolved through good-faith negotiation.
Dispute Resolution
If a dispute cannot be resolved through negotiation within 30 days, the parties agree to submit to binding arbitration. The arbitration shall be conducted in English and the decision shall be final and binding on both parties.
11. Contact Information
Questions & Notices
If you have any questions about these Terms of Service or wish to provide legal notices, please contact us at legal@apexibyte.com or through our contact page. We will respond to your inquiry within 5 business days.
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