Terms of Service

Last Updated: December 2024

Agreement to Terms

By accessing or using the GoSmartIdeas website and services, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not access our services.

Services

GoSmartIdeas provides web development, mobile application development, AI solutions, e-commerce development, and related IT services. Specific services will be outlined in individual service agreements or statements of work.

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice.

Service Agreements

Specific projects will be governed by individual service agreements that include:

  • Scope of work and deliverables
  • Timeline and milestones
  • Payment terms and pricing
  • Intellectual property rights
  • Confidentiality provisions
  • Support and maintenance terms

In the event of a conflict between these general Terms of Service and a specific service agreement, the service agreement will take precedence.

Payment Terms

Unless otherwise specified in a service agreement:

  • Payments are due according to the schedule outlined in your service agreement
  • Late payments may incur interest charges and may result in suspension of services
  • All fees are non-refundable unless otherwise stated
  • You are responsible for all applicable taxes
  • We reserve the right to change our pricing with 30 days' notice

Intellectual Property

Client Content

You retain all rights to content, materials, and data you provide to us ("Client Content"). You grant us a limited license to use Client Content solely for the purpose of providing our services.

Deliverables

Upon full payment, you will own the final deliverables created specifically for you, excluding any pre-existing materials, third-party components, or our proprietary tools and frameworks.

Our Property

We retain all rights to our methodologies, tools, templates, frameworks, and any materials created prior to or independent of your project. We may use general knowledge and experience gained from projects for other clients.

Confidentiality

We will maintain the confidentiality of any sensitive business information you share with us. We will not disclose your confidential information to third parties except as necessary to provide our services or as required by law. Specific confidentiality terms may be outlined in a separate Non-Disclosure Agreement (NDA).

Client Responsibilities

To enable us to provide our services effectively, you agree to:

  • Provide timely feedback and necessary information
  • Ensure you have rights to all content and materials you provide
  • Respond to requests for information or approvals in a reasonable timeframe
  • Make timely payments according to the agreed schedule
  • Comply with all applicable laws and regulations

Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. However:

  • Our services are provided "as is" without warranties of any kind
  • We do not guarantee that our services will be uninterrupted or error-free
  • We are not responsible for third-party services, platforms, or integrations
  • Results and outcomes may vary and are not guaranteed

Limitation of Liability

To the maximum extent permitted by law, GoSmartIdeas and its team members will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total liability will not exceed the amount paid by you for the specific service that gave rise to the claim.

Termination

Either party may terminate a service agreement:

  • For convenience with 30 days' written notice
  • Immediately if the other party materially breaches the agreement
  • Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, you will pay for all services rendered up to the termination date. We will provide you with all completed deliverables and work in progress.

Indemnification

You agree to indemnify and hold GoSmartIdeas harmless from any claims, damages, or expenses arising from your use of our services, your violation of these terms, or your violation of any rights of another party.

Dispute Resolution

Any disputes arising from these terms or our services will first be addressed through good-faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

General Provisions

Entire Agreement: These Terms, together with any service agreements, constitute the entire agreement between you and GoSmartIdeas.

Modifications: We may modify these Terms at any time. We will notify you of material changes, and your continued use of our services constitutes acceptance of the updated terms.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

If you have any questions about these Terms of Service, please contact us through ourcontact page.