Terms of Service

Welcome to AstoneByte. These Terms of Service ("Terms") govern your access to and use of AstoneByte's website, mobile applications, AI solutions, and other digital products and services (collectively, the "Services") provided by AstoneByte ("we," "our," or "us").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. Services Description

AstoneByte provides digital transformation services including but not limited to:

• Design, development, hosting, and maintenance of websites
• Mobile application development
• AI chatbot development and integration
• AI workflow automation
• Data analysis services
• Cloud services and solutions
• Digital security solutions

The specific services to be provided will be outlined in a separate Statement of Work, Service Agreement, or other written agreement between AstoneByte and the client.

2. Account Registration and Security

To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3. Fees and Payment

Fees for our Services will be specified in a separate Service Agreement, Statement of Work, or other written agreement. Unless otherwise specified:

• Payment terms are net 30 days from the date of invoice
• All fees are exclusive of applicable taxes, which will be added to invoices where required by law
• Recurring services may be billed on a monthly, quarterly, or annual basis as specified in the agreement
• Late payments may incur a late fee of 1.5% per month or the maximum rate permitted by law, whichever is less

We reserve the right to suspend or terminate services if payment is not received by the due date.

4. Intellectual Property Rights

AstoneByte's Intellectual Property

The Services, including all content, features, and functionality thereof, are owned by AstoneByte, its licensors, or other providers and are protected by copyright, trademark, patent, and other intellectual property or proprietary rights laws.

Client Materials

Clients retain all rights to materials they provide to AstoneByte ("Client Materials"), including logos, content, and data. Clients grant AstoneByte a limited license to use Client Materials solely for the purpose of providing the Services.

Deliverables

Upon full payment of all applicable fees, and except as otherwise specified in a separate agreement, AstoneByte grants the client a non-exclusive, worldwide, perpetual license to use the deliverables created specifically for the client as part of the Services.

AstoneByte retains ownership of all pre-existing materials, tools, libraries, and components used in the creation of deliverables.

5. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services ("Confidential Information"). Confidential Information shall not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is lawfully received from a third party without restriction on disclosure
• Is independently developed by the receiving party without use of Confidential Information

Each party agrees to use the Confidential Information solely in connection with the Services and to take reasonable measures to protect the secrecy of the Confidential Information.

6. Data Privacy

Our data privacy practices are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and processing of your information as set forth in our Privacy Policy.

For clients providing personal data of third parties (such as customer data), you represent and warrant that you have all necessary rights, consents, and permissions to share such data with us, and that our use of such data in accordance with your instructions will not violate any applicable laws or rights of such third parties.

7. Warranties and Disclaimers

AstoneByte Warranties

AstoneByte warrants that the Services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

AstoneByte does not warrant that: (a) the Services will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASTONEBYTE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT WILL ASTONEBYTE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO ASTONEBYTE FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

9. Indemnification

You agree to defend, indemnify, and hold harmless AstoneByte and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your breach of these Terms
• Your violation of any third-party right, including without limitation, any intellectual property right or privacy right
• Your use of the Services in a manner that infringes or violates the rights of any third party or violates any applicable law
• Any content or materials you provide to AstoneByte

10. Term and Termination

These Terms will remain in full force and effect while you use the Services or have an active agreement with AstoneByte.

Either party may terminate the Services as specified in the applicable Service Agreement or Statement of Work. In the absence of such specifications:

• For one-time services, the agreement will terminate upon completion of the services and payment of all applicable fees
• For recurring services, either party may terminate with 30 days' written notice
• Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 15 days after receiving written notice

Upon termination, you will remain liable for any outstanding fees or charges incurred prior to termination.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Services shall be resolved through the following process:

1. The parties will attempt in good faith to resolve the dispute informally through negotiation between authorized representatives
2. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to participate in mediation in accordance with the rules of [Mediation Service]
3. If mediation is unsuccessful, the dispute may be submitted to binding arbitration or litigation in the courts of [Your Jurisdiction]

12. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website and updating the "Last Updated" date.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

13. General Provisions

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, terrorism, war, or governmental action.

Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms or any rights hereunder without your consent.

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.

Entire Agreement

These Terms, together with any applicable Service Agreements, Statements of Work, and our Privacy Policy, constitute the entire agreement between you and AstoneByte regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.

14. Contact Information

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