1. Acceptance of Terms

By accessing and using Acuresoft's website (acuresoft.com) and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy.

If you do not agree with any part of these terms, you must not use our services. These terms apply to all visitors, users, and others who access or use our services.

2. Services Description

Acuresoft provides comprehensive IT development and digital solution services, including but not limited to:

• Custom software development
• Web application development
• Mobile application development
• Cloud solutions and deployment
• AI and machine learning integration
• Digital transformation consulting
• Technical support and maintenance

All services are provided subject to the terms outlined in individual service agreements, project proposals, and these general Terms and Conditions.

3. User Obligations

3.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our services

3.2 Information Accuracy

You are responsible for providing accurate, current, and complete information when using our services. You agree to promptly update any information to maintain its accuracy.

3.3 Security

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

4. Payment Terms

4.1 Pricing and Fees

Service fees are outlined in individual project proposals or service agreements. All prices are in USD unless otherwise specified. We reserve the right to modify our pricing with 30 days' notice.

4.2 Payment Schedule

Payment terms are typically structured as follows:

• 50% deposit upon project commencement
• Milestone payments as outlined in project agreement
• Final payment upon project completion and delivery

4.3 Late Payments

Late payments may incur a service charge of 1.5% per month. We reserve the right to suspend services for accounts with overdue payments exceeding 30 days.

5. Intellectual Property Rights

5.1 Ownership of Deliverables

Upon full payment, clients receive ownership rights to custom-developed software and applications specifically created for their project, excluding any pre-existing Acuresoft intellectual property.

5.2 Acuresoft Property

Acuresoft retains ownership of all proprietary methodologies, frameworks, tools, and pre-existing intellectual property used in service delivery.

5.3 Third-Party Components

Projects may incorporate third-party libraries, frameworks, or services subject to their respective licenses. Clients are responsible for compliance with such licenses.

6. Confidentiality

Both parties acknowledge that they may have access to confidential information. We agree to:

• Maintain strict confidentiality of all proprietary information
• Use confidential information solely for project purposes
• Implement appropriate security measures to protect sensitive data
• Return or destroy confidential information upon request

This confidentiality obligation survives termination of our business relationship and continues for a period of five (5) years.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed with professional skill and care in accordance with industry standards. We provide a 90-day warranty on deliverables against defects in workmanship.

7.2 Disclaimers

EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACURESOFT'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL ACURESOFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

This limitation applies regardless of the theory of liability, whether based on warranty, contract, statute, tort, or otherwise, and even if Acuresoft has been advised of the possibility of such damages.

9. Termination

9.1 Termination by Client

Clients may terminate services with 30 days' written notice. Client remains responsible for payment of all work completed and expenses incurred up to the termination date.

9.2 Termination by Acuresoft

We may terminate services immediately upon material breach of these terms, non-payment, or if continuation of services would violate applicable laws.

9.3 Effect of Termination

Upon termination, we will deliver all completed work and return client materials. Provisions regarding confidentiality, intellectual property, and limitation of liability survive termination.

10. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

The arbitration shall take place in Miami, Florida, and shall be conducted in English. The arbitrator's decision shall be final and binding upon both parties.

11. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. We will notify users of material changes via email or prominent website notice.

Your continued use of our services after changes constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.