Welcome to Apex Stack Digital LLC. These Terms of Service govern your use of our website and the software development services we provide. By engaging our services or using our website, you agree to these terms.
1. Scope of Services
Apex Stack Digital LLC provides software development, web development, mobile application development, UI/UX design, SaaS product development, e-commerce development, API development & integration, cloud solutions, software maintenance & support, business process automation, database design & management, enterprise software solutions, product strategy & consulting, MVP development, quality assurance & testing, and technology consulting services. All services are provided based on individual project agreements.
2. Project Agreements
Each project will be governed by a separate written agreement (the "Project Agreement") that outlines the specific scope of work, deliverables, timeline, and fees. The Project Agreement will be signed by both parties prior to the commencement of any work. In the event of any conflict between these Terms of Service and a Project Agreement, the Project Agreement shall control.
3. Payment Terms
Payment terms are specified in each Project Agreement. Generally, we require an initial deposit before work begins, with subsequent milestone payments or progress payments as outlined in the agreement. All fees are in US dollars unless otherwise specified. Invoices are due within the timeframe stated in the Project Agreement. Late payments may incur interest charges and suspension of services.
4. Client Responsibilities
Clients agree to provide timely feedback, necessary access to systems, required information, and decision-making throughout the project. Clients are responsible for obtaining any necessary licenses, permissions, or approvals for content or materials provided to us. Delays caused by client inaction may affect project timelines and additional fees may apply.
5. Intellectual Property
Upon full payment of all fees due under the Project Agreement, Apex Stack Digital LLC assigns all intellectual property rights in the custom-developed deliverables to the client. We retain ownership of any pre-existing tools, libraries, frameworks, or code that were developed prior to the project or independently of the client's project. Third-party software used in the project is subject to its own license terms. Source code and related documentation will be delivered as specified in the Project Agreement.
6. Liability Limitations
To the maximum extent permitted by law, Apex Stack Digital LLC's total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by the client to us during the twelve (12) months prior to the event giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption.
7. Warranties & Disclaimers
We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Except as expressly provided, our services are provided "as is" without warranty of any kind. We do not warrant that our software will be error-free or that operation will be uninterrupted. All other warranties, express or implied, are disclaimed to the fullest extent permitted by law.
8. Confidentiality
Both parties agree to keep confidential all non-public information disclosed during the project, including trade secrets, business processes, and client data. This obligation survives the termination of any Project Agreement. We implement industry-standard security practices to protect your information.
9. Termination
Either party may terminate a Project Agreement for material breach with 30 days' written notice if the breach remains uncured. Upon termination, client shall pay for all work completed up to the termination date and any non-cancelable commitments made on client's behalf.
10. Governing Law
These Terms and any Project Agreements shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Delaware, and both parties consent to the personal jurisdiction of such courts.
11. Modifications to Terms
Apex Stack Digital LLC reserves the right to update these Terms of Service at any time. Changes will be effective upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the revised Terms.
12. Contact Information
If you have any questions about these Terms of Service, please
contact us at:
Apex Stack Digital LLC
Email:
legal@apexstackdigital.com
Phone: (772) 722 8450
Address: 1801 Evans Rd, Columbus, MS 39701 USA
