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Terms and Conditions

General conditions governing the use of our services.

Acceptance of Terms

By accessing and using the GAESSOFT website and/or contracting our software development services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, we recommend that you do not use our services.

These terms constitute a legal agreement between you (the "Client") and GAESSOFT (the "Company"). We reserve the right to modify these terms at any time.

Description of Services

GAESSOFT offers software development services including, but not limited to:

  • Website and web application development
  • Mobile application development (iOS and Android)
  • Enterprise systems development (ERP, CRM)
  • Custom software development
  • Technology consulting
  • Software support and maintenance

Hiring Process

The process for contracting our services follows these stages:

  1. Initial Consultation: The client contacts us with their development needs.
  2. Analysis: We evaluate the requirements and scope of the project.
  3. Proposal: We present a detailed proposal with scope, timelines, and costs.
  4. Acceptance: The client accepts the proposal in writing or electronically.
  5. Contract: The agreement is formalized through a service contract.
  6. Start: Development proceeds as agreed.

Payments and Billing

Payment terms are established in each individual proposal or contract. Generally:

  • A 40-50% deposit is required to start the project
  • Remaining payments are distributed according to agreed milestones or deliverables
  • Prices do not include applicable taxes (VAT, withholdings, etc.)
  • Final payment must be made before source code delivery
  • Payment delays may result in work suspension

We accept bank transfers and other previously agreed payment methods.

Intellectual Property

Regarding ownership of the developed software:

  • Developed Code: Once full payment is completed, the Client obtains complete ownership of the source code developed specifically for the project.
  • Third-Party Components: Third-party libraries and frameworks retain their original licenses (MIT, Apache, GPL, etc.).
  • Reusable Components: GAESSOFT retains the right to use generic components and methodologies in other projects.
  • Portfolio: GAESSOFT may mention the project in its portfolio, unless a confidentiality agreement exists.

Changes and Modifications

During project development:

  • Minor changes within the original scope are included
  • Significant changes or those outside the scope require additional evaluation
  • Additional changes may generate extra costs and time
  • All changes must be documented and approved by both parties

Deliverables and Acceptance

The delivery process includes:

  • Delivery of features according to agreed sprints or milestones
  • Review period of 5-10 business days for each delivery
  • Lack of observations during the review period implies acceptance
  • Upon project completion, delivery includes: source code, documentation, and access credentials

Warranty

GAESSOFT offers:

  • 3-Month Warranty: Free correction of bugs or malfunctions reported within 3 months after final delivery.
  • Exclusions: The warranty does not cover issues caused by client modifications, misuse, changes to external systems, or infrastructure.
  • Extended Support: After the warranty period, we offer support and maintenance plans at an additional cost.

Limitation of Liability

GAESSOFT:

  • Shall not be liable for indirect, incidental, or consequential damages
  • Maximum liability shall be limited to the total amount paid for the project
  • Does not guarantee specific business results (sales, traffic, conversions)
  • Is not responsible for integrations with third-party services that change their APIs
  • Is not responsible for data loss if the client does not maintain adequate backups

Confidentiality

Both parties commit to:

  • Keep confidential all sensitive information shared during the project
  • Not disclose business information, user data, or trade secrets
  • Use information exclusively for project purposes
  • Maintain confidentiality even after the contract ends

A separate Non-Disclosure Agreement (NDA) can be signed if the client requires it.

Cancellation and Termination

In case of project cancellation:

  • By the Client: The deposit is non-refundable. Work completed up to the cancellation date will be billed.
  • By GAESSOFT: The deposit will be refunded minus work already performed, with delivery of developed code.
  • Due to Breach: The affected party may terminate the contract with 15 days notice if the other party fails to meet its obligations.

Prohibited Use

The client agrees not to use our services for:

  • Illegal or fraudulent activities
  • Development of malware, spyware, or harmful software
  • Projects that violate intellectual property rights
  • Content that promotes violence, hatred, or discrimination
  • Activities that violate data protection regulations

Applicable Law and Jurisdiction

These terms are governed by the laws of the Republic of Mexico. Any dispute that cannot be resolved amicably shall be submitted to the competent courts of Mexico.

Before resorting to legal proceedings, both parties agree to attempt to resolve conflicts through direct negotiation or mediation.

Contact

For inquiries about these terms, contact us:

Last updated: January 2025

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