Terms of Service

Last updated: January 2025

These Terms of Service ("Terms") govern your access to and use of ShapeMyIdea's services, including our website, software development services, and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using ShapeMyIdea's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

2. Services Description

ShapeMyIdea provides custom software development services, including but not limited to:

  • Custom web application development
  • Mobile application development
  • Cloud solutions and infrastructure
  • Database design and management
  • Security and compliance implementation
  • Performance optimization services

The specific scope, deliverables, and timeline for each project will be outlined in a separate Statement of Work (SOW) or project agreement.

3. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information necessary for project completion
  • Respond to requests for feedback and approvals in a timely manner
  • Provide access to necessary systems, accounts, and resources
  • Ensure you have the right to use any materials, content, or assets provided to us
  • Make payments according to the agreed-upon schedule

4. Intellectual Property Rights

4.1 Client-Owned IP

Upon full payment, you will own all rights to the custom code and deliverables created specifically for your project, as outlined in the project agreement.

4.2 ShapeMyIdea-Owned IP

We retain ownership of our proprietary tools, frameworks, methodologies, and any pre-existing intellectual property used in delivering the Services. You receive a license to use these components as part of your project deliverables.

4.3 Third-Party Components

Projects may include third-party libraries, frameworks, or services subject to their own licenses. You are responsible for complying with these third-party licenses.

5. Payment Terms

Payment terms will be specified in your project agreement. Generally:

  • Projects require an upfront deposit before work begins
  • Milestone payments are due upon completion of specified deliverables
  • Final payment is due before project delivery
  • Late payments may incur interest charges and project delays

For detailed payment terms, refund policies, and cancellation procedures, please refer to our Refund Policy.

6. Confidentiality

We understand the sensitive nature of your business information. We agree to:

  • Keep all client information confidential
  • Use client information only for providing the Services
  • Implement reasonable security measures to protect your data
  • Not disclose client information to third parties without consent

For more information about how we handle your data, please review our Data Protection policy.

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. We will correct any defects in our work at no additional charge during the warranty period specified in your project agreement.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER 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, SHAPEMYIDEA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising from or related to the Services shall not exceed the total amount paid by you for the Services in the twelve (12) months preceding the claim.

9. Termination

Either party may terminate the Services with written notice if:

  • The other party materially breaches these Terms and fails to cure within 30 days
  • The other party becomes insolvent or files for bankruptcy

Upon termination, you will pay for all work completed up to the termination date. For specific termination and refund terms, please refer to our Refund Policy.

10. Service Level Agreement

For ongoing support and maintenance services, we provide service level commitments as outlined in our Service Level Agreement (SLA). This includes response times, uptime guarantees, and support availability.

Please refer to our separate SLA document for detailed information about service levels and support commitments.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ShapeMyIdea operates, without regard to its conflict of law provisions.

12. Contact Information

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

ShapeMyIdea

Email: hello@shapemyidea.com

Website: www.shapemyidea.com

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