Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, products, and services provided by AvanishSoft ("we," "us," or "our"). By accessing or using our website at avanishsoft.com or engaging our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use our website or services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

AvanishSoft provides custom software development, cloud migration, performance consultation, and AI-powered workflow automation services. Specific services, deliverables, timelines, and fees will be outlined in a separate Statement of Work (SOW) or service agreement executed between you and AvanishSoft.

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with reasonable notice to active clients where applicable.

When engaging our services, you agree to:

• Provide accurate and complete information as required for project delivery
• Respond to requests for feedback, approvals, and clarifications in a timely manner
• Ensure that any materials, content, or data you provide do not infringe on third-party rights
• Maintain the confidentiality of any credentials, access keys, or sensitive information shared during the project
• Make payments in accordance with the agreed-upon schedule and terms

Delays caused by failure to fulfill these responsibilities may impact project timelines and deliverables.

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement, including but not limited to business plans, technical specifications, customer data, pricing, and trade secrets.

Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or as necessary for the performance of the services. This obligation survives the termination of any agreement between the parties.

Payment terms, including fees, milestones, and schedules, will be defined in the applicable Statement of Work or service agreement. Unless otherwise agreed:

• Invoices are due within 30 days of the invoice date
• Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower
• We reserve the right to suspend work on any project with outstanding payments exceeding 30 days past due
• All fees are quoted in US Dollars unless otherwise specified

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVANISHSOFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO A SERVICE ENGAGEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AVANISHSOFT UNDER THE APPLICABLE STATEMENT OF WORK DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless AvanishSoft 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: (a) your use of our website or services; (b) your violation of these Terms; or (c) your violation of any third-party rights, including intellectual property rights.

Either party may terminate a service engagement with 30 days' written notice, unless otherwise specified in the applicable Statement of Work. Upon termination:

• You will pay for all services rendered and expenses incurred up to the date of termination
• We will deliver all completed work product for which payment has been received
• Confidentiality obligations will survive termination
• Sections regarding intellectual property, limitation of liability, and indemnification will survive termination

We may terminate or suspend your access to our website immediately, without prior notice, if you breach these Terms.

When using our website, you agree not to:

• Use the website for any unlawful purpose or in violation of any applicable local, state, national, or international law
• Attempt to gain unauthorized access to any portion of the website or any systems or networks connected to it
• Interfere with or disrupt the website or servers or networks connected to the website
• Use any robot, spider, scraper, or other automated means to access the website
• Transmit any viruses, worms, or other malicious code
• Collect or harvest any personal information from other users of the website

Our website may contain links to third-party websites or services that are not owned or controlled by AvanishSoft. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that AvanishSoft shall not be responsible or liable for any damage or loss caused by the use of any such third-party content, goods, or services.

We reserve the right to modify these Terms at any time. We will post the updated Terms on this page with a revised "Last Updated" date. Material changes will be communicated to active clients via email. Your continued use of our website or services after any modifications constitutes your acceptance of the updated Terms.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will remain in full force and effect.