Terms and Conditions

1. Agreement to Terms

By accessing or using InfinityStack's services, website, or software products (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you (either an individual or entity) and InfinityStack ("Company," "we," "us," or "our") regarding your use of our Services.

2. Services Description

InfinityStack provides software development services, including but not limited to:

• Custom web application development
• Mobile application development
• Cloud infrastructure solutions
• Software consulting and technical advisory
• Maintenance and support services
• API development and integration

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

3. User Accounts and Registration

To access certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

You must be at least 18 years old or the age of majority in your jurisdiction to create an account.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, software code, and the compilation thereof, are the exclusive property of InfinityStack and are protected by international copyright, trademark, and other intellectual property laws.

4.2 Client-Owned Materials

Upon full payment for custom development services, clients retain ownership of the final deliverables as specified in the project agreement. However, InfinityStack retains ownership of:

• Pre-existing intellectual property and tools
• General methodologies and processes
• Reusable code libraries and frameworks developed by us

4.3 License to Use Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose in accordance with these Terms.

5. Payment Terms

5.1 Pricing and Fees

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

5.2 Payment Schedule

Payment terms are outlined in individual agreements and typically include:

• Initial deposit (typically 30-50%) before project commencement
• Milestone payments as specified in the project agreement
• Final payment upon project completion and delivery
• Monthly billing for ongoing support and maintenance services

5.3 Late Payments

Invoices are due within 14 days of issuance unless otherwise specified. Late payments may incur a fee of 1.5% per month (18% annually) or the maximum rate permitted by law. We reserve the right to suspend services for accounts with overdue balances.

5.4 Taxes

All fees are exclusive of applicable taxes, duties, or levies. You are responsible for payment of all such taxes except those based on our net income.

6. Refund and Cancellation Policy

6.1 Project Cancellation

Either party may cancel a project with written notice. In the event of cancellation:

• Client is responsible for payment for all work completed to date
• Deposits are non-refundable but will be applied to completed work
• Client receives deliverables for all paid work phases
• We reserve the right to retain all intellectual property for unpaid work

6.2 Service Refunds

Refunds may be considered on a case-by-case basis if:

• We are unable to deliver services as agreed
• Requested within 7 days of service commencement
• No significant work has been completed

Monthly subscription services may be cancelled at any time, with service continuing until the end of the paid period. No refunds are provided for partial months.

7. Confidentiality and Non-Disclosure

Both parties agree to maintain confidentiality of all proprietary and confidential information disclosed during the course of the business relationship. This includes but is not limited to:

• Business strategies and plans
• Technical information and source code
• Customer and supplier information
• Financial information
• Any information marked as confidential

This obligation survives termination of services and continues for a period of 3 years.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. For custom development, we provide a warranty period (typically 30-90 days) for bug fixes and defects as specified in the project agreement.

8.2 Disclaimer of Warranties

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

We do not warrant that services will be uninterrupted, error-free, or completely secure. You use our services at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INFINITYSTACK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

Our total liability for any claims arising from or related to services shall not exceed the amount paid by you to InfinityStack in the 12 months preceding the claim, or $5,000, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless InfinityStack and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Content or data you provide to us

11. Data Protection and Privacy

We are committed to protecting your privacy and personal data. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For project work, data ownership and handling procedures are outlined in individual project agreements and comply with applicable data protection regulations including GDPR and CCPA where applicable.

12. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit harmful code, viruses, or malware
• Engage in fraudulent or deceptive practices
• Harass, abuse, or harm others
• Interfere with or disrupt our Services or servers
• Attempt unauthorized access to our systems
• Use our Services for any illegal or unauthorized purpose

13. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or resources. We are not responsible for:

• The availability or accuracy of third-party services
• Content, products, or services of third parties
• Privacy practices of third-party websites

Your use of third-party services is at your own risk and subject to their terms and conditions.

14. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date. Material changes will be communicated via email or prominent notice on our website.

Your continued use of Services after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of our Services.

15. Termination

We may suspend or terminate your access to Services immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination:

• Your right to use the Services ceases immediately
• You remain liable for all outstanding payments
• Provisions that by their nature should survive termination remain in effect
• We may delete your account and data subject to our data retention policy

16. Dispute Resolution

16.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation for a period of 30 days.

16.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in [Your Jurisdiction]. Each party bears its own costs.

16.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in class actions or class-wide arbitration.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in [Your Jurisdiction].

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and InfinityStack.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, war, terrorism, natural disasters, or government actions.

19. Contact Information

For questions about these Terms, please contact us: