Terms of Service

By accessing and using the Azkosoft website and services (collectively, the "Services"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you (whether individually or on behalf of an entity) and Azkosoft, Inc. ("Azkosoft," "we," "us," or "our"). We reserve the right to modify these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

Azkosoft provides the following services: • Custom Software Development: Web applications, internal tools, admin portals and dashboards built to a client’s own process • AI Voice Agents: Automated telephone systems that answer inbound calls, take bookings and hand calls to a person • AI Agents and Automation: Document processing, enquiry handling and workflow automation, with human review • Mobile Application Development: iOS and Android applications, and mobile web applications • Integrations and Migrations: Connecting existing systems, and migrating data from legacy systems • SaaS Platform Development: Multi-tenant software products, including subscriptions and billing • Consulting Services: Technical consulting and advisory services related to software and AI

We strive to provide continuous, uninterrupted service but do not guarantee that our Services will be available at all times. Services may be modified, suspended, or discontinued at any time without prior notice. We are not liable for any unavailability, modification, or discontinuation of Services.

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to: • Provide accurate, current, and complete information • Maintain and promptly update account information • Maintain the security of your account credentials • Accept responsibility for all activities under your account • Notify us immediately of any unauthorized access

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

We reserve the right to suspend or terminate your account at any time for: • Violation of these Terms • Fraudulent or illegal activity • Abuse of Services • Non-payment of fees • Any other reason at our sole discretion

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use Services in a professional manner consistent with business practices and applicable laws.

You agree NOT to: • Use Services for any illegal purpose or in violation of any laws • Infringe intellectual property rights of Azkosoft or third parties • Transmit malicious code, viruses, or harmful materials • Attempt to gain unauthorized access to Services or systems • Interfere with or disrupt Services or servers • Use automated systems (bots, scrapers) without permission • Resell or redistribute Services without authorization • Reverse engineer, decompile, or disassemble our software • Remove or alter any proprietary notices • Impersonate any person or entity • Harass, abuse, or harm others • Collect or store personal data of other users • Use Services to spam or send unsolicited communications

We may impose rate limits on API calls and service usage. Exceeding these limits may result in temporary suspension of service access.

All content, features, and functionality of our Services, including but not limited to: • Website design and layout • Text, graphics, logos, icons • Software code and architecture • Trademarks and branding • Proprietary algorithms and processes are owned by Azkosoft or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without explicit written permission.

You retain ownership of any content, data, or materials you provide to us ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely to provide Services to you. You represent and warrant that: • You own or have rights to Your Content • Your Content does not violate any laws or third-party rights • Your Content does not contain malicious code or harmful materials

For custom development projects, ownership of deliverables and work product will be specified in the project agreement or Statement of Work (SOW). Unless otherwise stated: • Custom-developed software specific to your project is owned by you upon full payment • Pre-existing tools, frameworks, and libraries remain our property • We retain the right to use general knowledge and skills acquired

Fees for Services will be specified in project agreements, proposals, or pricing pages. You agree to pay all fees as specified. • Fees are typically billed monthly or per project milestone • All fees are in U.S. Dollars unless otherwise stated • Payment is due within 30 days of invoice date unless otherwise agreed • Late payments may incur interest at 1.5% per month or the maximum allowed by law

We accept payment via: • Credit/debit cards • Wire transfer • ACH transfer • Other methods as agreed upon By providing payment information, you authorize us to charge the specified amount.

Fees are generally non-refundable unless: • Specified in a project agreement • Required by applicable law • Azkosoft fails to deliver services as agreed Refund requests must be submitted in writing to hi@azkosoft.com.

Fees exclude all applicable taxes, levies, or duties. You are responsible for paying all taxes associated with your purchase, except for taxes based on our net income.

Custom development projects are governed by individual project agreements or Statements of Work (SOWs) that specify: • Project scope and deliverables • Timeline and milestones • Payment terms and schedule • Acceptance criteria • Intellectual property rights • Confidentiality obligations In case of conflict between these Terms and a project agreement, the project agreement prevails.

Changes to project scope require written agreement from both parties. Additional work beyond the original scope may incur additional fees and timeline extensions.

Both parties may disclose confidential information during the course of our relationship. "Confidential Information" includes: • Business information, strategies, and plans • Technical data, designs, and specifications • Financial information • Customer and user data • Proprietary methods and processes • Any information marked as confidential

Each party agrees to: • Maintain confidentiality of the other party's Confidential Information • Use Confidential Information only for the purpose of providing/receiving Services • Protect Confidential Information with the same care as its own confidential information • Not disclose Confidential Information to third parties without consent Confidentiality obligations do not apply to information that: • Is or becomes publicly available through no fault of the receiving party • Was rightfully known prior to disclosure • Is independently developed • Is required to be disclosed by law

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. For software development projects, we warrant that delivered software will substantially conform to specifications in the applicable SOW for 90 days after delivery.

EXCEPT AS EXPRESSLY PROVIDED, 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 • NON-INFRINGEMENT • ACCURACY OR RELIABILITY • ERROR-FREE OR UNINTERRUPTED OPERATION • SECURITY OR FREEDOM FROM VIRUSES We do not warrant that Services will meet your requirements or that results obtained will be satisfactory.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZKOSOFT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICES SHALL NOT EXCEED THE GREATER OF: • The amounts paid by you to Azkosoft in the 12 months preceding the claim, or • $1,000 USD

IN NO EVENT SHALL AZKOSOFT BE LIABLE FOR: • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES • LOSS OF PROFITS, REVENUE, DATA, OR USE • BUSINESS INTERRUPTION • COST OF SUBSTITUTE SERVICES Even if advised of the possibility of such damages.

The limitations in this section do not apply to: • Breaches of confidentiality obligations • Infringement of intellectual property rights • Fraud or intentional misconduct • Liabilities that cannot be limited by law

You agree to indemnify, defend, and hold harmless Azkosoft, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: • Your violation of these Terms • Your use or misuse of Services • Your violation of any law or third-party rights • Your Content or data you provide • Your business operations or products We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

These Terms remain in effect while you use our Services. Project agreements have terms specified therein.

You may terminate your account at any time by: • Contacting us at hi@azkosoft.com • Following account closure procedures Termination does not relieve you of payment obligations for services already provided.

We may terminate or suspend your access immediately, without notice, for: • Violation of these Terms • Fraudulent activity • Non-payment • Any other reason at our discretion

Upon termination: • Your right to use Services immediately ceases • We may delete your account and data • You remain liable for all outstanding payments • Provisions that by nature should survive (confidentiality, liability limitations, etc.) continue in effect

Your use of Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using Services, you consent to our data practices as described in the Privacy Policy. For data processing activities related to custom development projects, we will execute appropriate data processing agreements as required by applicable laws (GDPR, CCPA, etc.).

Our Services may integrate with or link to third-party services, websites, or applications. We are not responsible for: • Third-party content, products, or services • Privacy practices of third parties • Availability or functionality of third-party services • Any damages or losses from third-party interactions Your use of third-party services is subject to their respective terms and policies.

Before filing a claim, you agree to contact us at hi@azkosoft.com to attempt informal resolution. We will work in good faith to resolve disputes amicably.

Any dispute arising out of or relating to these Terms or Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. • Arbitration shall be conducted by a single arbitrator • Location shall be mutually agreed or determined by the arbitrator • Each party bears its own costs and fees • Arbitrator's decision is final and binding

Either party may seek injunctive relief in court for: • Intellectual property disputes • Confidentiality breaches • Urgent matters requiring immediate relief

You agree to resolve disputes individually and waive the right to participate in class actions, class arbitrations, or representative actions.

These Terms are governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to conflict of law principles. For any disputes not subject to arbitration, you agree to the exclusive jurisdiction of state and federal courts located in [Your County/City], [Your State].

These Terms, together with the Privacy Policy and any applicable project agreements, constitute the entire agreement between you and Azkosoft regarding Services.

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified via email or prominent notice. Your continued use after changes constitutes acceptance.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

The parties are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.

Notices to Azkosoft must be sent to hi@azkosoft.com. We may provide notices via email to your registered address or by posting on our website.

For questions about these Terms, please contact us: Email: hi@azkosoft.com