Terms of Service
Last updated: November 2024
1. Agreement to Terms
By accessing or using the services provided by Fametoll ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.
These Terms apply to all visitors, users, and others who access or use our website and services.
2. Services Description
Fametoll provides software development services including, but not limited to:
- Custom web application development
- Mobile application development
- SaaS platform development
- AI and machine learning integration
- Workflow automation solutions
- Cloud infrastructure and DevOps
- UI/UX design services
- Consulting and technical advisory
3. User Responsibilities
When using our services, you agree to:
- Provide accurate and complete information
- Maintain the confidentiality of any account credentials
- Notify us immediately of any unauthorized access
- Use our services only for lawful purposes
- Not attempt to interfere with the proper functioning of our services
- Comply with all applicable laws and regulations
4. Project Engagements
4.1 Proposals and Contracts
All project engagements will be governed by separate project proposals and contracts that outline specific scope, deliverables, timelines, and payment terms. These Terms apply in addition to any project-specific agreements.
4.2 Client Obligations
Clients are responsible for:
- Providing timely feedback and approvals
- Supplying necessary content, assets, and access
- Designating a point of contact for communication
- Reviewing and testing deliverables within agreed timeframes
4.3 Changes to Scope
Any changes to the agreed project scope may result in adjustments to timeline and cost. All scope changes must be documented and approved by both parties in writing.
5. Payment Terms
Payment terms will be specified in individual project contracts. General payment policies include:
- Payment schedules are typically milestone-based
- Invoices are due within 30 days unless otherwise specified
- Late payments may incur interest charges
- We reserve the right to pause work for overdue accounts
- All fees are non-refundable unless otherwise stated
6. Intellectual Property
6.1 Client Ownership
Upon full payment, clients own all custom code, designs, and deliverables created specifically for their project, except as noted below.
6.2 Company Retention
We retain ownership of:
- Pre-existing code, libraries, and frameworks
- General knowledge and techniques
- Reusable components and tools
- Development methodologies
6.3 Third-Party Materials
Projects may incorporate third-party software and libraries subject to their respective licenses. We will inform clients of any significant third-party dependencies.
7. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This includes:
- Business strategies and plans
- Technical specifications and architecture
- Source code and documentation
- Customer data and user information
- Financial information
8. Warranties and Disclaimers
8.1 Service Warranty
We warrant that our services will be performed in a professional and workmanlike manner. We provide a warranty period (typically 30-90 days) for bug fixes related to delivered functionality.
8.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMETOLL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Fametoll and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of our services, violation of these Terms, or infringement of any third-party rights.
11. Termination
Either party may terminate a project engagement:
- With written notice as specified in the project contract
- Immediately for material breach
- For non-payment after reasonable notice
Upon termination, you will pay for all services rendered up to the termination date, and we will deliver all completed work product.
12. Dispute Resolution
Any disputes arising from these Terms or our services will first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration in accordance with applicable arbitration rules.
13. Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website. Your continued use of our services after such changes constitutes acceptance of the new Terms.
15. Contact Information
For questions about these Terms of Service, please contact us at:
Fametoll
Email: [email protected]
Website: https://fametoll.com/contact