Terms of Service Agreement

1. Agreement to Terms

By accessing or using the services provided by BLUEORBIT Solutions, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access our services.

These Terms apply to all visitors, users, and others who access or use our services, including but not limited to software development services, web applications, mobile applications, AI automation solutions, and any other services we provide.

2. Definitions

For the purposes of these Terms of Service:

• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BLUEORBIT Solutions.
• "Client" or "You" means the individual or entity accessing or using the Service.
• "Service" refers to all software development, web development, mobile app development, AI automation, consulting, and related services provided by BLUEORBIT Solutions.
• "Project" means any specific work or deliverable agreed upon between BLUEORBIT Solutions and the Client.
• "Deliverables" means the final products, code, applications, or services created as part of a Project.
• "Agreement" means these Terms of Service along with any Statement of Work, proposal, or contract executed between BLUEORBIT Solutions and the Client.

3. Services Offered

BLUEORBIT Solutions provides the following services:

• Custom web application development
• Mobile application development (iOS and Android)
• AI and machine learning solutions
• Enterprise software development
• E-commerce platform development
• Cloud solutions and DevOps services
• Software maintenance and support
• Technical consulting and advisory services
• Process automation and AI integration

Specific services, deliverables, timelines, and pricing will be outlined in individual project proposals or Statements of Work.

4. Client Responsibilities

As a Client of BLUEORBIT Solutions, you agree to:

• Provide accurate, complete, and timely information necessary for project completion
• Respond to requests for feedback, approvals, and information within agreed-upon timeframes
• Provide access to necessary systems, accounts, and resources required for project work
• Ensure you have the legal right to use and provide any materials, content, or data supplied to us
• Make timely payments according to the agreed payment schedule
• Review and approve deliverables within specified timeframes
• Notify us promptly of any concerns or issues related to the project

5. Payment Terms

5.1 Pricing and Invoicing

Project pricing will be specified in individual proposals or Statements of Work. Unless otherwise agreed, payments are due according to the following schedule:

• Initial deposit (typically 30-50%) upon project commencement
• Milestone payments as specified in the project agreement
• Final payment upon project completion and delivery

5.2 Payment Methods

We accept payment via bank transfer, credit card, PayPal, and other methods as agreed upon.

5.3 Late Payments

Invoices are due within 15 days of the invoice date unless otherwise specified. Late payments may incur a fee of 1.5% per month (or the maximum rate permitted by law) on the outstanding balance. BLUEORBIT Solutions reserves the right to suspend work on projects with overdue payments.

5.4 Refunds

All payments are non-refundable except as specifically provided in a written agreement. Refund requests will be evaluated on a case-by-case basis.

6. Project Timeline and Delivery

Project timelines and delivery dates are estimates based on the information available at the time of agreement. While we strive to meet all deadlines, timelines may be affected by:

• Delays in Client feedback or approvals
• Changes to project scope or requirements
• Unforeseen technical challenges
• Third-party dependencies or integrations

BLUEORBIT Solutions will make reasonable efforts to notify Clients of any anticipated delays and work to minimize their impact.

7. Intellectual Property Rights

7.1 Client-Provided Materials

You retain all rights to materials, content, data, and intellectual property you provide to us. By providing these materials, you grant BLUEORBIT Solutions a non-exclusive license to use them solely for the purpose of completing your project.

7.2 Developed Work

Upon full payment of all fees, BLUEORBIT Solutions assigns to you all rights, title, and interest in the final deliverables created specifically for your project. This assignment excludes:

• Pre-existing code, frameworks, libraries, and tools used in the development
• Third-party components and open-source software
• BLUEORBIT Solutions' proprietary tools, methodologies, and processes
• Generic code and components that may be reused in other projects

7.3 Portfolio Rights

BLUEORBIT Solutions reserves the right to display completed projects in our portfolio, marketing materials, and case studies unless a confidentiality agreement specifically prohibits such use.

8. Confidentiality

BLUEORBIT Solutions agrees to maintain the confidentiality of all proprietary and confidential information received from Clients. We will not disclose such information to third parties without your express written consent, except as required by law or to our subcontractors who are bound by similar confidentiality obligations.

This confidentiality obligation does not apply to information that:

• Is or becomes publicly available through no breach of this Agreement
• Is rightfully received from a third party without confidentiality obligations
• Is independently developed by BLUEORBIT Solutions without use of your confidential information
• Is required to be disclosed by law or court order

9. Warranties and Disclaimers

9.1 Our Warranties

BLUEORBIT Solutions warrants that:

• Services will be performed in a professional and workmanlike manner
• We have the right and authority to enter into this Agreement
• Deliverables will substantially conform to specifications agreed upon in writing

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The services will be uninterrupted or error-free
• All defects will be corrected
• The services will meet your specific requirements not outlined in the project agreement
• Third-party integrations or services will continue to function as expected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEORBIT SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BLUEORBIT SOLUTIONS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless BLUEORBIT Solutions, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your breach of these Terms
• Your violation of any law or the rights of a third party
• Materials, content, or data you provide to us
• Your use of deliverables in a manner not authorized by these Terms

12. Changes to Project Scope

Any changes to the agreed project scope, specifications, or deliverables must be requested in writing and may result in additional fees and timeline extensions. BLUEORBIT Solutions will provide a written estimate for any scope changes before proceeding with the additional work.

Minor adjustments within the original scope may be accommodated without additional charges at our discretion.

13. Termination

13.1 Termination by Client

You may terminate a project at any time by providing written notice. Upon termination, you will be responsible for payment of all work completed up to the termination date, plus any non-cancellable expenses incurred on your behalf.

13.2 Termination by BLUEORBIT Solutions

We may terminate our services if:

• You fail to make timely payments
• You materially breach these Terms
• You fail to provide necessary information or cooperation
• We determine the project is not feasible or advisable to continue

13.3 Effect of Termination

Upon termination, we will provide you with all completed deliverables and work-in-progress upon receipt of payment for all services rendered. You will have no rights to unfinished work or partial deliverables unless otherwise agreed.

14. Support and Maintenance

Unless specifically included in a project agreement or separate maintenance contract:

• Post-launch support is provided for a limited period (typically 30-90 days) for bug fixes related to the original deliverables
• Additional support, updates, and enhancements are available under separate agreements
• We are not responsible for issues arising from modifications made by you or third parties
• We are not responsible for issues caused by third-party services, hosting environments, or platform changes

15. Third-Party Services and Tools

Projects may incorporate third-party services, APIs, libraries, and tools. You acknowledge that:

• These third-party services are subject to their own terms and conditions
• BLUEORBIT Solutions is not responsible for changes, discontinuation, or issues with third-party services
• You are responsible for obtaining and maintaining necessary licenses and subscriptions for third-party services
• Additional costs may be required for third-party services and licenses

16. Data Protection and Privacy

BLUEORBIT Solutions is committed to protecting your privacy and handling your data responsibly. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For projects involving user data or personal information, you are responsible for:

• Compliance with applicable data protection laws (GDPR, CCPA, etc.)
• Providing appropriate privacy policies and user consent mechanisms
• Securing and maintaining any databases or data storage systems

17. Testing and Acceptance

Deliverables will be provided for your review and testing. You agree to:

• Test deliverables thoroughly within agreed timeframes (typically 5-14 business days)
• Report any issues, bugs, or non-conformities in writing with specific details
• Provide final acceptance or rejection in writing

If no response is received within the specified testing period, deliverables will be deemed accepted. BLUEORBIT Solutions will address legitimate bugs and issues that deviate from agreed specifications at no additional cost during the testing period.

18. Force Majeure

BLUEORBIT Solutions shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19. Dispute Resolution

19.1 Negotiation

In the event of any dispute arising from these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation.

19.2 Mediation

If negotiation is unsuccessful, the parties agree to attempt to resolve the dispute through mediation before pursuing litigation.

19.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which BLUEORBIT Solutions operates, without regard to its conflict of law provisions.

19.4 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in our jurisdiction, and the parties hereby consent to personal jurisdiction and venue therein.

20. General Provisions

20.1 Entire Agreement

These Terms, along with any written proposals, Statements of Work, and agreements executed between the parties, constitute the entire agreement between you and BLUEORBIT Solutions regarding our services.

20.2 Amendments

BLUEORBIT Solutions reserves the right to modify these Terms at any time. We will notify existing Clients of material changes. Continued use of our services after changes constitutes acceptance of the modified Terms.

20.3 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.

20.4 Waiver

The failure of BLUEORBIT Solutions to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

20.5 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. BLUEORBIT Solutions may assign these Terms and all rights and obligations hereunder to any successor in interest or to any affiliate.

20.6 Independent Contractor

The relationship between you and BLUEORBIT Solutions is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

20.7 Notices

All notices under these Terms shall be in writing and sent to the contact information provided by each party. Notices sent by email are deemed effective when sent to the email address on record.

21. Contact Information

If you have any questions about these Terms of Service, please contact us:

Thank you for choosing BLUEORBIT Solutions. We look forward to working with you!