Terms of Service

Welcome to Khwarizm Softwares. These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client", "you"), and Khwarizm Softwares ("Company", "we", "us", or "our"), concerning your access to and use of our website as well as our software development, design, and consulting services.

1. Scope of Services & Agreements

Khwarizm Softwares provides custom digital solutions including but not limited to Web Development, Mobile App Development, UI/UX Design, API Integration, and Technical Maintenance.

• Service Agreements (SOW): The specific scope of work, deliverables, timelines, and pricing for each project will be detailed in a separate Statement of Work (SOW) or formal Service Agreement signed by both parties. In the event of a conflict between these Terms and a signed SOW, the SOW shall prevail.
• Change Requests: Any changes or additions to the scope of a project after the SOW has been signed will be subject to a formal Change Request and may incur additional costs and extended timelines.

2. Pricing and Payment Terms

Unless otherwise agreed in a specific SOW, our standard payment terms are as follows:

• Milestone Payments: Projects are typically divided into milestones (e.g., 30% upfront deposit, 40% upon beta delivery, 30% upon final deployment). The upfront deposit is non-refundable once work commences.
• Invoicing: Invoices are payable within 14 days of receipt. We reserve the right to pause project work or withhold final deliverables until outstanding invoices are settled.
• Late Fees: Overdue payments may accrue a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.

3. Client Responsibilities

The successful and timely completion of any project requires your active participation. You agree to:

• Provide necessary access credentials (servers, APIs, third-party accounts) promptly.
• Supply all requested text content, brand assets, logos, and specific multimedia required for the project.
• Provide timely feedback and approvals on design wireframes, prototypes, and milestones. Delays in client feedback may result in corresponding delays to the project timeline without liability to the Company.

4. Intellectual Property Rights

Upon Full Payment: All custom code, designs, and deliverables explicitly created for your project under the SOW will become your exclusive property upon receipt of full and final payment. We will transfer necessary source code and asset files to you.

Company's Retained Rights: Khwarizm Softwares retains ownership of all pre-existing code libraries, internal tools, boilerplate frameworks, and open-source materials used to build your project. You are granted a perpetual, non-exclusive, royalty-free license to use these underlying elements solely as part of the final delivered product.

Portfolio Rights: Unless a strict Non-Disclosure Agreement prohibits it, we reserve the right to display the completed project (including screenshots, descriptions, and a link to the live product) in our portfolio, marketing materials, and social media.

5. Confidentiality & Non-Disclosure

Both parties agree to keep all sensitive business information, trade secrets, project ideas, and proprietary data strictly confidential. We are happy to sign a Mutual Non-Disclosure Agreement (NDA) prior to discussing specific project details. Confidential information will only be shared with Khwarizm Softwares team members and trusted subcontractors who have a "need to know" to complete the project.

6. Warranties and Limitation of Liability

• Bug Fix Warranty: We typically provide a standard 30-day warranty period following final deployment, during which we will fix any bugs or defects that deviate from the agreed SOW at no extra cost.
• "As-Is" Provision: Beyond the warranty period, the software is provided "as is". We make no guarantees that the software will be completely error-free indefinitely, especially given the rapidly changing nature of web browsers, operating systems, and third-party APIs.
• Limitation of Liability: In no event shall Khwarizm Softwares, its directors, employees, or partners be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of our services or deliverables. Our total liability to you for any cause whatsoever will at all times be limited to the amount paid by you to us for the specific project in dispute.

7. Non-Solicitation

During the term of our engagement and for a period of twelve (12) months thereafter, you agree not to directly or indirectly solicit, hire, or engage any employee, contractor, or developer of Khwarizm Softwares without our prior written consent.

8. Termination

Either party may terminate an ongoing project by providing 14 days written notice. In the event of termination by the Client, the Client shall pay for all work completed, hours logged, and expenses incurred up to the date of termination. The Company reserves the right to terminate services immediately if the Client breaches these Terms (e.g., failure to pay invoices).

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute arising out of or related to these Terms or our services shall first be attempted to be resolved through amicable, good-faith negotiation.

10. Contact Us

If you have any questions or require clarification regarding these Terms of Service, please reach out to us at info@khwarizm.dev.