These Terms of Service ("Terms") govern your use of Sensussoft's software development services and website. Please read these terms carefully before engaging our services.
1. Acceptance of Terms
By accessing or using Sensussoft's services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services. These terms apply to all users, clients, visitors, and others who access or use our services.
2. Services Description
Sensussoft provides software development services including but not limited to:
• AI & Machine Learning Development
• Mobile Application Development (iOS, Android)
• SaaS Platform Development
• Healthcare Technology Solutions
• Custom Software Development
• Cloud Infrastructure Services
• DevOps & CI/CD Services
• Consulting & Technical Advisory
The specific scope of services will be defined in individual project agreements or Statements of Work (SOW).
3. Client Obligations
As a client, you agree to:
• Provide accurate and complete information
• Respond to requests for information in a timely manner
• Provide necessary access to systems, data, and resources
• Designate authorized representatives for decision-making
• Review and approve deliverables within agreed timeframes
• Make payments according to the agreed schedule
• Comply with all applicable laws and regulations
• Not use our services for illegal or unauthorized purposes
4. Intellectual Property Rights
Upon full payment for services:
• Source Code: You receive complete ownership of custom code developed specifically for your project.
• Deliverables: All project deliverables, designs, and documentation become your property.
• Third-Party Components: Open-source libraries and third-party tools remain under their respective licenses.
• Pre-existing Materials: Sensussoft retains ownership of pre-existing frameworks, tools, and methodologies.
• Portfolio Rights: Sensussoft may showcase the project in portfolios and marketing materials unless otherwise agreed in writing.
5. Payment Terms
Fixed Price Projects:
• Payment schedule defined in project agreement (typically milestone-based)
• Final payment due upon project completion and acceptance
Time & Materials:
• Billed monthly in arrears based on actual hours worked
• Detailed timesheets and invoices provided
Dedicated Team:
• Billed monthly in advance
• Pro-rated for partial months
All invoices are due within 30 days of receipt. Late payments may incur interest charges of 1.5% per month or the maximum allowed by law.
6. Project Timeline and Delivery
Timeline estimates provided are based on:
• Information available at project start
• Timely client feedback and approvals
• No scope changes
• Availability of required resources
Delays may occur due to:
• Late client feedback or approvals
• Scope changes or additional requirements
• Third-party dependencies
• Force majeure events
We will make reasonable efforts to meet agreed timelines and notify you promptly of any potential delays.
7. Changes and Scope Modifications
For Fixed Price Projects:
• Scope changes require written change request
• Impact on timeline and budget will be assessed
• Client approval required before implementation
For Time & Materials Projects:
• Scope can be adjusted flexibly
• Additional work billed according to agreed rates
Major scope changes may require a new Statement of Work.
8. Warranties and Disclaimers
We warrant that:
• Services will be performed in a professional and workmanlike manner
• Deliverables will substantially conform to specifications
• We have the right to provide the services
Bug Fix Warranty:
• 3-12 months warranty on bugs related to our development work
• Excludes issues from client modifications, third-party integrations, or infrastructure
EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9. Limitation of Liability
To the maximum extent permitted by law:
• Our liability is limited to the fees paid for the specific project
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for data loss, business interruption, or lost profits
• You agree to indemnify us against claims arising from your use of deliverables
This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.
10. Confidentiality
Both parties agree to:
• Protect confidential information disclosed during the engagement
• Use confidential information only for the intended purpose
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request
This obligation survives termination of the agreement for 5 years.
11. Non-Disclosure Agreement (NDA)
We are willing to sign mutual NDAs before project discussions. Standard confidentiality protections apply even without a formal NDA. Contact us if you require a specific NDA to be executed.
12. Termination
Either party may terminate the engagement:
For Convenience:
• With 30 days written notice
• Client pays for work completed and committed resources
For Cause:
• Immediately for material breach
• If breach is not cured within 15 days of notice
Upon Termination:
• All outstanding payments become due
• We deliver all work completed to date
• Confidential information must be returned
13. Support and Maintenance
Post-launch support includes:
• Bug fixes related to our development work
• Security patches
• Performance monitoring
• Minor adjustments
Extended support and new feature development require separate agreements. Emergency support available 24/7 for critical issues with support contracts.
14. Data Protection and Privacy
We comply with applicable data protection laws including GDPR and CCPA. For healthcare projects, we maintain HIPAA compliance. See our Privacy Policy for detailed information on data handling practices.
15. Force Majeure
Neither party is liable for failure to perform due to circumstances beyond reasonable control, including:
• Natural disasters
• War, terrorism, civil unrest
• Government actions or regulations
• Pandemics or health emergencies
• Internet or utility failures
• Labor disputes
Obligations resume when circumstances permit.
16. Dispute Resolution
Any disputes arising from these terms will be resolved through:
1. Good Faith Negotiation: 30 days for parties to resolve directly
2. Mediation: Non-binding mediation if negotiation fails
3. Arbitration: Binding arbitration under AAA rules if mediation fails
Arbitration will be conducted in San Francisco, CA under California law. Each party bears its own costs.
17. Governing Law
These terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any legal action must be brought in the state or federal courts located in San Francisco, California.
18. Modifications to Terms
We may modify these terms at any time. Changes will be effective upon posting to our website with an updated "Last Modified" date. Continued use of services after changes constitutes acceptance. For active projects, terms in effect at project start will govern unless mutually agreed otherwise.
19. Entire Agreement
These Terms of Service, together with any project-specific agreements, constitute the entire agreement between you and Sensussoft. They supersede all prior or contemporaneous communications and proposals.
20. Contact Information
For questions about these Terms of Service, contact us:
Email: legal@sensussoft.com
Phone: +1 (555) 123-4567
Address: 123 Market Street, Suite 400, San Francisco, CA 94103
Business Hours: Monday-Friday, 9:00 AM - 6:00 PM PST
Acknowledgment
By using Sensussoft's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you have any questions or concerns, please contact our legal team.