Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and FVA Software, LLC ("Company," "we," "our," or "us") regarding your use of our website (www.fvasoftware.co) and our software development services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. Description of Services

FVA Software, LLC provides custom software development services, including but not limited to:

• Custom web application development
• Mobile application development
• E-commerce solutions
• API development and integration
• Software consulting and strategy
• Maintenance and support services

Specific project details, timelines, and deliverables will be outlined in separate project agreements or statements of work.

3. Acceptance of Projects

We reserve the right to accept or decline any project request at our sole discretion. Project acceptance will be formalized through a separate written agreement that will supplement these Terms.

4. Payment Terms

4.1 Project Fees

Project fees and payment schedules will be specified in individual project agreements. Payment terms may vary based on project scope and duration.

4.2 Late Payments

Late payments may be subject to interest charges and may result in suspension of services until payment is received.

4.3 Expenses

Any third-party expenses (hosting, licenses, APIs, etc.) required for your project will be specified in advance and may be billed separately or included in project costs.

5. Intellectual Property Rights

5.1 Client-Owned Intellectual Property

Upon full payment of all fees, you will own the custom software code we develop specifically for your project, excluding any pre-existing code, frameworks, or third-party components.

5.2 Company-Owned Intellectual Property

We retain ownership of our proprietary methodologies, frameworks, templates, and any pre-existing intellectual property used in your project.

5.3 Third-Party Components

Any third-party software, libraries, or frameworks used in your project remain subject to their respective licenses.

6. Confidentiality

We agree to maintain the confidentiality of your proprietary information and business data. We may enter into additional non-disclosure agreements as needed for specific projects.

You agree to maintain the confidentiality of any proprietary information, methodologies, or trade secrets we may share during the course of our engagement.

7. Warranties and Disclaimers

7.1 Limited Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards. Any warranty periods for specific deliverables will be outlined in project agreements.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN PROJECT AGREEMENTS, OUR 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, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.

9. Client Responsibilities

You agree to:

• Provide timely feedback and approvals as requested
• Supply necessary content, data, and resources for the project
• Ensure you have the right to use any content or data provided to us
• Make timely payments as specified in project agreements
• Comply with all applicable laws and regulations
• Not use our services for any illegal or harmful purposes

10. Project Changes and Scope

Changes to project scope, requirements, or deliverables may result in additional fees and timeline adjustments. All changes must be agreed upon in writing before implementation.

11. Termination

11.1 Termination by Either Party

Either party may terminate a project with written notice. Termination terms, including payment for work completed, will be as specified in individual project agreements.

11.2 Termination for Cause

Either party may terminate immediately for material breach that remains uncured after 30 days written notice.

12. Support and Maintenance

Post-project support and maintenance services are available under separate agreements. We are not obligated to provide ongoing support unless specifically contracted.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform due to causes beyond their reasonable control, including but not limited to natural disasters, government actions, or other unforeseeable circumstances.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration in Delaware, or in courts of competent jurisdiction in Delaware.

15. Independent Contractors

Our relationship is that of independent contractors. Nothing in these Terms creates an employment, partnership, or joint venture relationship.

16. Severability

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

17. Entire Agreement

These Terms, together with any applicable project agreements, constitute the entire agreement between the parties regarding the subject matter herein.

18. Modifications

We may modify these Terms at any time. Updated Terms will be posted on our website with a new effective date. Continued use of our services after changes constitutes acceptance of the modified Terms.

19. Contact Information

For questions about these Terms of Service, please contact us: