Terms of Service | Affektive Software LLC

Please read these Terms of Service ("Terms") carefully before engaging the software development, product design, or related technology services offered by Affektive Software LLC ("Affektive Software", "us", "we", or "our"). Your access to and use of our services is conditioned upon your acceptance of and compliance with these Terms.

1. Services

Affektive Software LLC provides a range of software and technology services, including but not limited to custom software development, SaaS and product engineering, UX/UI and product design, systems integration, and advisory services. The specific services, scope, timelines, and deliverables for each client will be outlined in a separate Service Agreement or Statement of Work (SOW).

2. Client Obligations

As a client, you agree to:

Provide timely access to all necessary information, data, systems, and digital assets required for Affektive Software LLC to perform the agreed-upon services. This may include access to your code repositories, hosting providers, analytics platforms, and third-party tools.
Cooperate with Affektive Software LLC by making personnel available for discussions and providing feedback and approvals in a timely manner.
Ensure that all materials, content, and data provided to Affektive Software LLC are owned by you or that you have the legal right to use and share them for the purposes of the engagement.

3. Payment Terms

Payment for services will be governed by the terms specified in your Service Agreement or SOW. Services may be billed on a fixed-fee, milestone-based, or monthly retainer basis, payable as outlined in the SOW. Any third-party costs (such as cloud hosting fees, software licenses, or transaction fees) are typically paid directly by the client to the relevant provider unless otherwise agreed upon in writing. Late payments may result in a suspension of services and/or late fees.

4. Confidentiality

Both parties agree to keep confidential all non-public information obtained from the other party during the course of the service engagement. This includes business strategies, client data, technical documentation, source code, and any proprietary information. This obligation of confidentiality shall survive the termination of the service agreement.

5. Limitation of Liability

While Affektive Software LLC strives to provide high-quality services and robust software, we do not guarantee specific outcomes, such as particular revenue targets, user growth, or other business results. The performance of any software implementation is influenced by factors beyond our control, including but not limited to infrastructure choices, third-party services, user adoption, and changes in your business environment. In no event shall Affektive Software LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or goodwill.

6. Termination

Either party may terminate the service agreement with a written notice period, as specified in the SOW (typically 30 days). Upon termination, the client is responsible for paying for all services rendered up to the effective date of termination. Affektive Software LLC will, where applicable, assist in the orderly transition of relevant project assets, code, and data back to the client in accordance with the SOW.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Affektive Software LLC is registered, without regard to its conflict of law provisions.