Terms of Service

Effective Date: October 26, 2023

Welcome to Entirety Software!

These Terms of Service ("Terms") govern your access to and use of our website, https://entirety.software (the "Site"), and the custom business management application development and related services (collectively, the "Services") we provide. By accessing or using the Site or Services, you agree to be bound by these Terms. Please read them carefully.

1. Services Provided

We specialize in developing custom business management applications tailored for small and medium-sized companies. Our Services may include:

• Requirements gathering and analysis
• Application design and prototyping
• Software development and programming
• Testing and quality assurance
• Deployment and implementation
• Ongoing support and maintenance
• Training and documentation

The specific scope of Services provided to you will be detailed in a separate agreement or proposal (the "Agreement") that we will execute with you.

2. User Responsibilities

You are responsible for:

• Providing us with accurate and complete information necessary for the development and delivery of the Services.
• Cooperating with us in a timely manner to facilitate the project's progress.
• Paying all fees and expenses as outlined in the Agreement.
• Maintaining the confidentiality of any access credentials or user accounts provided to you.
• Using the Services in compliance with all applicable laws and regulations.

You agree not to:

• Use the Services for any illegal or unauthorized purpose.
• Attempt to gain unauthorized access to our systems or networks.
• Interfere with the security or integrity of the Services.
• Resell or redistribute the Services without our prior written consent.
• Infringe on our intellectual property rights or the intellectual property rights of others.

3. Payment Terms

The fees for our Services will be outlined in the Agreement. Payment terms will also be specified in the Agreement and may include milestone payments, recurring fees, or other arrangements. Late payments may incur interest charges as specified in the Agreement.

4. Intellectual Property

We retain all rights, title, and interest in and to the Services, including all software, code, documentation, and other materials we create. Upon full payment for the Services as outlined in the Agreement, you will own the custom application developed for you, subject to the terms and conditions of the Agreement, including any licenses for third-party software incorporated into the application. We retain the right to use any underlying code, tools, or methodologies developed during the project for other projects, provided that no confidential information specific to your project is disclosed.

5. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the course of providing or using the Services.

6. Warranty and Disclaimer

We warrant that the Services will be performed in a professional and workmanlike manner. However, we do not warrant that the Services will be error-free or uninterrupted. Except as expressly provided in this Agreement, the Services are provided "as is" without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability 

To the maximum extent permitted by law, we will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.  Our total liability to you for any claim arising out of or related to these Terms or the Services will not exceed the total amount you have paid to us under the Agreement for the specific project giving rise to the claim. 

8. Termination

We may terminate these Terms or the Agreement immediately upon written notice to you if you breach any provision of these Terms or the Agreement.  You may terminate the Agreement in accordance with the terms specified therein.  Upon termination, you will no longer have access to the Services, and any outstanding fees will be immediately due and payable.

9. Governing Law

These Terms will be governed by and construed in accordance with the laws of [Your State/Jurisdiction], without regard to its conflict of law principles.

10. Entire Agreement

These Terms, together with the Agreement, constitute the entire agreement between you and us concerning the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written. 

11. Changes to these Terms

We reserve the right to modify these Terms at any time. We will post the revised Terms on the Site, and the revised Terms will be effective upon posting. Your continued use of the Services following the posting of revised Terms means that you accept the revised Terms.

12. Contact Us

If you have any questions about these Terms, please contact us by email at [email protected]