Welcome to Apoorva Software! These Terms & Conditions ("Terms") govern your use of our website at https://www.apoorvasoftware.com (the "Site") and any software development, consulting, or related services ("Services") provided by Apoorva Software ("we," "our," or "us").
By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site or Services.
1. Acceptance of Terms
By accessing and using our Site and Services, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement. If you are accessing or using the Site or Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Services
Apoorva Software provides custom software development, IT consulting, and related technology services. The specific scope, deliverables, timelines, and fees for any Services will be outlined in a separate written agreement (e.g., a Statement of Work or Service Agreement) between Apoorva Software and the client. These Terms shall apply generally to your interaction with our Site and form a foundational part of any specific service agreements.
3. User Responsibilities
You agree to use the Site and Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site or Services. Specifically, you agree not to:
- Use the Site or Services for any illegal or unauthorized purpose.
- Interfere with or disrupt the integrity or performance of the Site or Services.
- Attempt to gain unauthorized access to any part of the Site, Services, or related systems or networks.
- Transmit any worms or viruses or any code of a destructive nature.
- Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Violate any applicable local, national, or international law or regulation.
4. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, images, software, and the compilation thereof, and any software developed by Apoorva Software as part of the Services (unless otherwise specified in a separate agreement), is the property of Apoorva Software or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services, use of the Services, or access to the Services without express written permission from us.
Ownership of Deliverables (for Services): Unless otherwise explicitly stated in a separate Statement of Work or Service Agreement, Apoorva Software shall retain all intellectual property rights in any pre-existing software, tools, methodologies, or components used to develop deliverables for clients. Ownership of the specific custom software or deliverables created for a client will be defined in the individual service agreement.
5. Fees and Payment (for Services)
If you engage Apoorva Software for Services, specific fees, payment terms, and billing schedules will be outlined in the individual service agreement. All fees are typically non-refundable unless otherwise specified. You agree to pay all applicable fees as set forth in the relevant agreement.
6. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE F FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APOORVA SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
APOORVA SOFTWARE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
IN NO EVENT SHALL APOORVA SOFTWARE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Apoorva Software's total liability to you for any damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) arising out of or in connection with these Terms or your use of the Site or Services shall not exceed the amount paid by you, if any, for accessing the Site or using the Services in the six (6) months prior to the event giving rise to the liability, or $100 USD, whichever is greater.
8. Indemnification
You agree to defend, indemnify, and hold harmless Apoorva Software and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site and Services, by you or any person using your account and password; b) a breach of these Terms; or c) any content you post, transmit, or otherwise make available through the Site or Services.
9. Links to Other Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by Apoorva Software.
Apoorva Software has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Apoorva Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
10. Termination
We may terminate or suspend your access to our Site or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and Services.
13. Contact Us
If you have any questions about these Terms, please contact us:
Apoorva Software, LLC, 11811 Upham St, Unit B, Broomfield, CO 80020