1. Agreement to Terms
By accessing or using the services provided by Yonda Solutions LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
2. Services Description
Yonda Solutions LLC provides custom software development, AI integration, web and mobile application development, and related technology consulting services ("Services"). The specific scope, deliverables, timeline, and pricing for each project will be detailed in a separate Statement of Work or Service Agreement.
3. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information necessary for project completion
- Respond to requests for information and feedback in a timely manner
- Provide necessary access to systems, accounts, and resources required for the project
- Review and approve deliverables within agreed-upon timeframes
- Make timely payments according to the agreed-upon payment schedule
- Use the delivered software and services in compliance with all applicable laws and regulations
4. Payment Terms
4.1 Pricing and Invoicing
All pricing is as agreed upon in the Service Agreement or Statement of Work. Unless otherwise specified, invoices are due upon receipt. Late payments may incur a fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.
4.2 Payment Schedule
Payment schedules vary by project and will be outlined in the Service Agreement. Typical arrangements include:
- Initial deposit (typically 30-50%) before work begins
- Milestone-based payments for larger projects
- Final payment upon project completion
- Monthly retainer for ongoing support services
4.3 Refunds
Deposits and payments for work already completed are non-refundable. If you wish to cancel a project, you will be responsible for payment for all work completed up to the cancellation date.
5. Intellectual Property Rights
5.1 Client Ownership
Upon receipt of final payment, all custom code, designs, and deliverables created specifically for your project will be transferred to you. This does not include:
- Pre-existing code, libraries, or frameworks
- Third-party software, APIs, or services
- Reusable components, templates, or tools developed by us
5.2 License to Use
We grant you a perpetual, worldwide, non-exclusive license to use any third-party or pre-existing components included in your project for the purpose for which they were provided.
5.3 Portfolio Rights
Unless otherwise agreed in writing, we reserve the right to display completed projects in our portfolio, marketing materials, and case studies. We will not disclose confidential business information without your permission.
6. Confidentiality
We agree to keep confidential any proprietary information you share with us during the course of our engagement. This includes business strategies, customer data, trade secrets, and other sensitive information. We will not disclose such information to third parties without your written consent, except as required by law.
7. Warranties and Disclaimers
7.1 Our Warranties
We warrant that:
- Services will be performed in a professional and workmanlike manner
- Deliverables will substantially conform to agreed-upon specifications
- We have the right to provide the services and grant the licenses described herein
7.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY 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, IN NO EVENT SHALL YONDA SOLUTIONS LLC 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 CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Project Timeline and Delays
We will make reasonable efforts to meet agreed-upon deadlines. However, timelines are estimates and may be affected by factors including:
- Delays in receiving necessary information or approvals from you
- Scope changes or additional feature requests
- Third-party service dependencies or outages
- Unforeseen technical challenges
We are not liable for damages resulting from delays beyond our reasonable control.
10. Changes to Scope
Any changes to the agreed-upon project scope must be documented in writing and may result in additional fees and timeline adjustments. We will provide an estimate for scope changes before proceeding with additional work.
11. Third-Party Services
Our services may integrate with or rely on third-party platforms, APIs, and services (e.g., Firebase, Stripe, Google Cloud, OpenAI). You are responsible for:
- Obtaining and maintaining accounts with third-party services
- Complying with third-party terms of service and usage policies
- Paying any fees charged by third-party services
- Understanding that we are not responsible for third-party service outages or changes
12. Support and Maintenance
Unless otherwise specified in a Service Agreement, our obligation to provide support ends upon project completion and final payment. Ongoing support and maintenance services are available under separate agreements.
13. Termination
13.1 Termination by Either Party
Either party may terminate the engagement with written notice. Upon termination:
- You will pay for all work completed up to the termination date
- We will deliver all completed work products
- Partial deliverables may be provided at our discretion
13.2 Termination for Cause
We may terminate immediately if you:
- Fail to make payments when due
- Breach these Terms or any Service Agreement
- Engage in fraudulent or illegal activity
14. Indemnification
You agree to indemnify and hold harmless Yonda Solutions LLC from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of our services or deliverables
- Your violation of these Terms
- Content or data you provide to us
- Your violation of any third-party rights
15. Governing Law and Disputes
These Terms shall be governed by the laws of the State of New York, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or our services shall be resolved through:
- Good faith negotiation between the parties
- Mediation, if negotiation fails
- Binding arbitration or litigation in the state and federal courts located in New York, to which both parties consent to jurisdiction
16. Privacy and Data Protection
Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to our privacy practices as described in that policy.
17. Independent Contractor
Yonda Solutions LLC is an independent contractor and nothing in these Terms creates an employment, partnership, joint venture, or agency relationship.
18. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, labor disputes, or failures of third-party services.
19. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
20. Entire Agreement
These Terms, together with any Service Agreement or Statement of Work, constitute the entire agreement between you and Yonda Solutions LLC regarding our services and supersede all prior agreements and understandings.
21. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify clients of material changes via email or through our website. Continued use of our services after changes constitutes acceptance of the modified Terms.
22. Contact Information
For questions about these Terms of Service, please contact us:
Yonda Solutions LLC
Westbury, NY 11590
Email: info@yondasolutions.com
Phone: (347) 616-0117