Terms of Service

Last updated: August 25, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Inflexience Technologies ("Company," "we," "us," or "our") regarding your use of our website at inflexiencetechnologies.com and our software development, consulting, and related services (collectively, the "Services").

IMPORTANT: By accessing our website, booking consultations, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

2. Description of Services

2.1 Software Development Services

We provide custom software development services including but not limited to:

  • Web application development and design
  • Mobile application development
  • User experience (UX) and user interface (UI) design
  • Digital marketing and analytics implementation
  • Data analytics and business intelligence solutions
  • System integration and API development
  • Artificial intelligence and machine learning solutions

2.2 Consultation Services

We offer paid consultation services at $150 USD per session to discuss project requirements, provide technical guidance, and develop project proposals.

3. Payment Terms

3.1 Consultation Fees

  • Consultation fee: $150 USD per session
  • Payment is required at the time of booking
  • All payments are processed securely through Stripe
  • Prices are subject to change with 30 days notice

3.2 Project Development Fees

  • Development project fees will be outlined in separate project agreements
  • Payment schedules will be established based on project milestones
  • Late payments may incur a 1.5% monthly service charge
  • All fees are non-refundable once services have been delivered

3.3 Refund Policy

Consultation Refunds:

  • Full refund if canceled 24+ hours before scheduled time
  • No refund if canceled less than 24 hours before scheduled time
  • No refund after consultation has been conducted
  • Technical issues on our end will result in full refund or rescheduling

Development Project Refunds: Refunds for development projects are governed by separate project agreements and are generally not available once work has commenced.

4. Client Responsibilities

4.1 Information and Cooperation

Client agrees to:

  • Provide accurate, complete, and timely information necessary for service delivery
  • Respond to requests for information within reasonable timeframes
  • Provide access to necessary systems, accounts, and third-party services
  • Designate authorized representatives for project decisions
  • Review and approve deliverables in a timely manner

4.2 Content and Materials

  • Client is solely responsible for the accuracy and legality of all content provided
  • Client warrants that all provided materials do not infringe third-party rights
  • Client must obtain all necessary licenses for third-party content or services
  • Client is responsible for maintaining backups of all data and content

5. Intellectual Property Rights

5.1 Work Product Ownership

Upon full payment of all fees:

  • Client will own the final deliverables specifically created for Client's project
  • Company retains ownership of all pre-existing intellectual property
  • Company retains ownership of general methodologies, techniques, and know-how
  • Company may use project experience for marketing and portfolio purposes (with anonymization if requested)

5.2 Third-Party Components

  • Open-source components remain subject to their respective licenses
  • Third-party services and APIs are subject to their providers' terms
  • Client is responsible for obtaining licenses for proprietary third-party components

6. LIMITATION OF LIABILITY

6.1 CONSEQUENTIAL DAMAGES WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
  • LOSS OF DATA OR BUSINESS INTERRUPTION
  • COST OF SUBSTITUTE GOODS OR SERVICES
  • LOSS OF GOODWILL OR REPUTATION
  • ANY OTHER INDIRECT OR CONSEQUENTIAL LOSSES

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 AGGREGATE LIABILITY CAP

COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

6.3 Essential Purpose

The limitations and exclusions in this section are intended to apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

7. WARRANTIES AND DISCLAIMERS

7.1 Limited Warranty

Company warrants that Services will be performed with reasonable care and skill consistent with industry standards. This warranty is limited to a period of 30 days from delivery of final deliverables.

7.2 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH ABOVE, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  • WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
  • WARRANTIES OF NON-INFRINGEMENT OR TITLE
  • WARRANTIES REGARDING THIRD-PARTY SERVICES OR INTEGRATIONS
  • WARRANTIES THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
  • WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT

ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

8. AI and Machine Learning Disclaimers

8.1 AI Service Limitations

When our Services involve artificial intelligence or machine learning components:

  • AI outputs may contain errors, inaccuracies, or "hallucinations"
  • Results may not be unique and could be similar to outputs for other clients
  • AI systems are probabilistic and may produce unexpected results
  • Client is responsible for validating all AI-generated content before use
  • Company is not liable for decisions made based on AI outputs

8.2 Client Responsibility for AI Use

  • Client must ensure AI use complies with applicable laws and regulations
  • Client is responsible for any bias, discrimination, or harmful outputs
  • Client must implement appropriate human oversight for AI systems
  • Client assumes all risks related to AI deployment and use

9. Indemnification

Client agrees to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to:

  • Client's use of the Services or deliverables
  • Client's violation of these Terms
  • Client's violation of any third-party rights
  • Content, data, or materials provided by Client
  • Client's business operations or decision-making
  • Any modifications made to deliverables without Company's approval
  • Use of third-party services or components chosen by Client

This indemnification obligation survives termination of these Terms.

10. Termination

10.1 Termination by Either Party

  • Either party may terminate ongoing services with 30 days written notice
  • Company may terminate immediately for material breach or non-payment
  • Client may terminate immediately by paying all outstanding fees

10.2 Effect of Termination

  • Client remains liable for all fees for services performed
  • Company will deliver any completed work upon payment
  • Confidentiality and indemnification obligations survive termination
  • Company may retain copies of work product for legal compliance

11. Force Majeure

Neither party will be liable for any delay or failure to perform due to events beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, cyberattacks, telecommunications failures, power outages, or acts of terrorism. The affected party must promptly notify the other party and use reasonable efforts to minimize the impact. If the force majeure event continues for more than 60 days, either party may terminate the affected services.

12. Confidentiality

12.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information disclosed during the engagement.

12.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available or becomes public without breach
  • Was known prior to disclosure
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order

13. Dispute Resolution

13.1 Mandatory Arbitration

ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION.

  • Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association
  • The arbitration will be held in a mutually convenient location or via videoconference
  • Each party will bear their own costs and attorney fees unless otherwise awarded
  • The arbitrator's decision will be final and binding

YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

13.2 Exceptions to Arbitration

Either party may seek injunctive relief in court to protect intellectual property rights or confidential information.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any court proceedings (where permitted) will be held in the state or federal courts of Delaware.

15. Data Protection and Privacy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy.

15.1 Data Security

  • We implement reasonable security measures to protect your data
  • However, no system is completely secure, and we cannot guarantee absolute security
  • You are responsible for maintaining the security of your account credentials

16. Independent Contractors

The relationship between Company and Client is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Neither party has authority to bind the other party to any obligation.

17. Modification and Waiver

17.1 Changes to Terms

  • We may modify these Terms at any time by posting updated terms on our website
  • Material changes will be effective 30 days after posting
  • Your continued use of Services after changes constitutes acceptance
  • For active projects, changes will apply to new engagements unless specifically agreed otherwise

17.2 Waiver

No waiver of any term or right will be deemed a waiver of any other term or right, or a continuing waiver. All waivers must be in writing.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

19. Entire Agreement

These Terms, together with our Privacy Policy and any separate project agreements, constitute the entire agreement between you and Company regarding the Services. These Terms supersede all prior negotiations, representations, or agreements relating to the subject matter.

20. Assignment

Client may not assign these Terms or any rights or obligations hereunder without Company's prior written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of assets with 30 days notice to Client.

21. Survival

The following sections survive termination of these Terms: Payment Terms, Intellectual Property Rights, Limitation of Liability, Warranties and Disclaimers, Indemnification, Confidentiality, Dispute Resolution, and Governing Law.

22. Contact Information

For questions about these Terms, please contact us:

Inflexience Technologies

Email: legal@inflexiencetechnologies.com

General Contact: support@inflexiencetechnologies.com

Website: https://inflexiencetechnologies.com

ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.