AiOnyx

Terms of Service

Please read these terms carefully before using our services.

Last updated: January 30, 2025

1. Agreement to Terms

By accessing or using AiOnyx Technologies' services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

These terms apply to all users, clients, and others who access or use our services, including but not limited to our website, software development services, and any related services.

2. Our Services

AiOnyx Technologies provides custom software development, web development, mobile application development, AI/ML solutions, cloud services, and related technology consulting services. Our services include:

  • Custom software design and development
  • Web application development and maintenance
  • Mobile application development (iOS and Android)
  • AI and machine learning solutions
  • Cloud infrastructure and DevOps services
  • Blockchain and decentralized application development
  • Technology consulting and advisory services
  • Ongoing support and maintenance

3. Client Responsibilities

As a client, you agree to:

  • Provide accurate, complete, and timely information necessary for project completion
  • Cooperate with our team and respond to requests in a timely manner
  • Review and approve deliverables within agreed timeframes
  • Make payments according to the agreed schedule
  • Ensure you have the necessary rights to any materials you provide
  • Comply with all applicable laws and regulations
  • Not use our services for any illegal or unauthorized purpose

4. Project Engagement

4.1 Proposals and Quotes

All proposals and quotes are valid for 30 days unless otherwise specified. Acceptance of a proposal constitutes agreement to these terms and the specific terms outlined in the proposal.

4.2 Project Scope

The scope of work will be defined in the project agreement or statement of work. Any changes to the scope must be agreed upon in writing and may result in additional charges.

4.3 Timeline

Project timelines are estimates based on the information available at the time of agreement. Delays caused by client actions or third parties may extend the timeline.

5. Intellectual Property Rights

5.1 Client Materials

You retain all rights to materials you provide to us. You grant us a license to use these materials solely for the purpose of providing our services.

5.2 Deliverables

Upon full payment, you will own all rights to the custom software and deliverables created specifically for you, except for any pre-existing materials or third-party components.

5.3 Pre-existing Materials

We retain all rights to our pre-existing materials, methodologies, and generic code components. We grant you a license to use these as part of your deliverables.

5.4 Open Source

Our deliverables may include open-source components, which are subject to their respective licenses.

6. Payment Terms

  • Payment terms will be specified in the project agreement
  • Invoices are due within 30 days unless otherwise agreed
  • Late payments may incur interest at 1.5% per month
  • We reserve the right to suspend services for overdue accounts
  • All fees are non-refundable unless otherwise stated
  • Client is responsible for all taxes related to our services

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the engagement. This obligation survives the termination of our agreement.

Confidential information does not include information that:

  • Is or becomes publicly available through no breach of this agreement
  • Was rightfully known before disclosure
  • Is independently developed without use of confidential information
  • Is required to be disclosed by law

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.3 No Guarantee

We do not guarantee that our services will meet all your requirements or that operation will be uninterrupted or error-free.

9. Limitation of Liability

IN NO EVENT SHALL AIONYX TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claim arising out of or related to these terms or our services shall not exceed the amount paid by you for the services giving rise to the claim in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless AiOnyx Technologies, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

  • Your breach of these terms
  • Your use of our services
  • Your violation of any law or third-party rights
  • Content or materials you provide

11. Termination

Either party may terminate the agreement with 30 days written notice. Upon termination:

  • You must pay for all services rendered up to the termination date
  • We will deliver all completed work and work in progress
  • All licenses granted to pre-existing materials remain in effect
  • Confidentiality obligations survive termination

12. Dispute Resolution

Any disputes arising from these terms or our services shall be resolved through the following process:

  1. Good faith negotiations between the parties
  2. If negotiations fail, mediation in Austin, Texas
  3. If mediation fails, binding arbitration under AAA rules

The prevailing party in any dispute shall be entitled to recover reasonable attorney's fees and costs.

13. General Provisions

13.1 Governing Law

These terms are governed by the laws of Texas, United States, without regard to conflict of law principles.

13.2 Entire Agreement

These terms, together with any project agreements, constitute the entire agreement between the parties.

13.3 Severability

If any provision is found to be unenforceable, the remaining provisions shall continue in effect.

13.4 Assignment

You may not assign your rights without our written consent. We may assign our rights to a successor entity.

13.5 Force Majeure

Neither party is liable for delays caused by circumstances beyond their reasonable control.

14. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified terms.

15. Contact Information

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

AiOnyx Technologies

Email: legal@aionyxtech.com

Phone: (737) 275-0381

Address: Austin, Texas, USA