Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Cafali Inc. ("Cafali," "we," "us," or "our") concerning your access to and use of the cafali.com website and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

Services Description

Cafali provides software development, consulting, and related technology services, including but not limited to:

• Custom web application development
• Mobile application development
• AI and machine learning solutions
• Workflow automation and integrations
• DevOps and cloud infrastructure
• Digital marketing services
• Technical consulting and advisory

Specific services, deliverables, timelines, and fees are defined in separate project agreements or statements of work entered into between Cafali and clients.

User Responsibilities

When using our Services, you agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of any account credentials
• Use the Services only for lawful purposes
• Not interfere with or disrupt the Services or servers
• Not attempt to gain unauthorized access to any systems
• Not use the Services to transmit harmful code or content
• Comply with all applicable laws and regulations

Intellectual Property Rights

Our Intellectual Property

The Services, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, video, software, and code), are owned by Cafali or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Client Work Product

Unless otherwise specified in a separate agreement, upon full payment for services, clients receive ownership of custom work product created specifically for them. Cafali retains ownership of pre-existing materials, tools, frameworks, and methodologies used in the creation of client work.

Feedback

Any feedback, suggestions, or ideas you provide regarding our Services may be used by Cafali without any obligation to compensate you.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This includes, but is not limited to:

• Business plans and strategies
• Technical specifications and source code
• Customer data and information
• Financial information
• Trade secrets and proprietary processes

We are happy to sign Non-Disclosure Agreements (NDAs) upon request before discussing project details.

Payment Terms

For paid services, specific payment terms are outlined in project agreements. General terms include:

• Payments are due as specified in the project agreement
• Late payments may be subject to interest charges
• We reserve the right to suspend services for overdue accounts
• All fees are non-refundable unless otherwise specified
• Clients are responsible for any applicable taxes

Project Changes and Cancellation

Changes to project scope, timeline, or deliverables must be documented in writing and may affect project costs and timelines. Either party may terminate a project agreement as specified in the individual contract. In general:

• Written notice is required for project changes
• Change requests may result in revised estimates
• Cancellation terms are specified in project agreements
• Work completed prior to cancellation remains billable

Warranties and Disclaimers

Limited Warranty

Cafali warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. For a period specified in project agreements, we will correct any defects in work that do not meet the agreed-upon specifications.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We are not responsible for any third-party services, APIs, or integrations that may be used in conjunction with our Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAFALI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CAFALI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Cafali and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or materials you provide to us

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in Austin, Texas.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Travis County, Texas for any disputes not subject to arbitration.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with any project agreements, statements of work, and our Privacy Policy, constitute the entire agreement between you and Cafali regarding the Services and supersede all prior agreements, communications, and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us at: