Terms of Service

Last updated: January 2024

Acceptance of Terms

By accessing and using the services provided by Smart Binaries, 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.

These Terms of Service constitute a legally binding agreement between you and Smart Binaries. Your use of our services indicates your acceptance of these terms.

Service Description

Smart Binaries provides the following services:

  • Custom Software Development: Development of custom software solutions tailored to your business needs.
  • CRM Systems: Customer relationship management systems to streamline your sales and customer service operations.
  • SaaS Platforms: Cloud-based software-as-a-service platforms with scalable architecture.
  • Mobile Applications: Native and cross-platform mobile application development for iOS and Android.
  • Web Development: Modern, responsive web applications built with cutting-edge technologies.
  • Consulting Services: Technical consulting and advisory services to help you make informed technology decisions.

Intellectual Property

Client-Owned Work

All custom work, code, designs, and deliverables created specifically for you under a project agreement are owned by you upon full payment. You retain all rights to use, modify, and distribute this work as you see fit.

Platform and Proprietary Technology

Smart Binaries retains ownership of our proprietary platforms, frameworks, tools, methodologies, and pre-existing intellectual property. This includes our development frameworks, code libraries, and platform infrastructure.

While you own the custom work we create for you, we maintain ownership of the underlying technology and tools we use to create it.

Warranties and Disclaimers

Our services are provided 'as is' and 'as available' without warranties of any kind, either express or implied. We do not warrant that:

  • Our services will be uninterrupted, timely, secure, or error-free
  • The results obtained from using our services will be accurate or reliable
  • Any errors in our services will be corrected
  • Our services will meet your specific requirements or expectations

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by applicable law, Smart Binaries shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from your use or inability to use our services
  • Damages resulting from unauthorized access to or alteration of your data
  • Any third-party claims or damages

Our total liability for any claims arising from or related to our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Termination

Either party may terminate the service agreement under the following circumstances:

  • Upon completion of the project and fulfillment of all contractual obligations
  • By providing written notice of termination with at least 30 days' advance notice
  • Immediately upon breach of these terms by either party
  • If either party becomes insolvent or files for bankruptcy

Upon termination, you will retain ownership of all deliverables and work product for which payment has been made. Any outstanding payments become immediately due.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Smart Binaries operates, without regard to its conflict of law provisions. Any disputes arising from these terms shall be resolved through binding arbitration or in the appropriate courts of that jurisdiction.

User Obligations

As a user of our services, you agree to:

  • Provide accurate and complete information when using our services
  • Maintain the security and confidentiality of your account credentials
  • Use our services only for lawful purposes and in accordance with these terms
  • Not attempt to gain unauthorized access to our systems or services
  • Not use our services to transmit any malicious code, viruses, or harmful content
  • Respect the intellectual property rights of Smart Binaries and third parties
  • Comply with all applicable laws and regulations in your use of our services

Data Export

Upon request and subject to applicable legal requirements, we will provide you with a copy of your data in a commonly used, machine-readable format. This service is available during the term of your service agreement and for a reasonable period after termination.

You are responsible for maintaining backups of your data. While we implement reasonable data protection measures, we are not responsible for data loss resulting from circumstances beyond our reasonable control.

Questions About Terms?

We're Here to Help

If you have any questions about these Terms of Service or need clarification on any provision, please don't hesitate to contact us. Our team is ready to assist you.

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