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Terms of service

Xerink Tech > Terms of service

Terms of Service for Xerink Tech

Effective Date: [18 June 2025]

Last Updated: [18 June 2025]

1. Acceptance of Terms

By accessing or using Xerink Tech’s services available at xerinktech.com (“Service,” “Platform,” or “Website”), you (“Client,” “User,” or “you”) 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 and Xerink Tech (“Company,” “we,” “our,” or “us”). By engaging our services, you represent that you have the legal authority to enter into this agreement.

2. Services Overview

XerinkTech provides the following professional services:

AI Automation and Solutions

  • Custom artificial intelligence implementation
  • Machine learning model development and deployment
  • Process automation using AI technologies
  • AI consulting and strategy development
  • Integration of AI solutions with existing systems

Custom Software Creation

  • Bespoke software application development
  • Web and mobile application development
  • Database design and implementation
  • API development and integration
  • Software maintenance and support services

Digital Marketing

  • Digital marketing strategy and consultation
  • Search engine optimization (SEO)
  • Social media marketing and management
  • Content creation and marketing automation
  • Analytics and performance tracking
  • Pay-per-click advertising management

Embedded Systems Design

  • Hardware and firmware development
  • IoT device design and implementation
  • Microcontroller programming and configuration
  • Sensor integration and data acquisition systems
  • Prototype development and testing
  • Production support and manufacturing guidance

3. Service Agreements and Project Scope

Project Engagement

Each project engagement will be governed by a separate Statement of Work (SOW) or Service Agreement that will specify:

  • Detailed project scope and deliverables
  • Timeline and milestones
  • Payment terms and pricing
  • Specific terms applicable to the project type
  • Intellectual property arrangements
  • Support and maintenance terms

Modifications

Any changes to project scope, timeline, or deliverables must be agreed upon in writing through a formal change order process. Additional work may result in adjusted pricing and timelines.

4. Client Responsibilities

Information and Access

  • Provide accurate, complete, and timely information necessary for project completion
  • Grant appropriate access to systems, accounts, and resources as required
  • Designate authorized representatives for project communication and approvals
  • Respond promptly to requests for feedback, approvals, and decisions

Compliance

  • Ensure all requested services comply with applicable laws and regulations
  • Obtain necessary permissions and licenses for marketing activities
  • Provide legal rights to use any client-provided content, data, or materials
  • Maintain appropriate security measures for sensitive information

Testing and Acceptance

  • Participate in testing phases and provide timely feedback
  • Complete acceptance testing within agreed timeframes
  • Report issues and defects promptly during testing periods

5. Payment Terms

Pricing and Invoicing

  • Project pricing will be specified in individual service agreements
  • Invoices will be issued according to the payment schedule outlined in each SOW
  • All prices are exclusive of applicable taxes unless otherwise stated
  • Late payment charges may apply to overdue accounts

Payment Methods

We accept various payment methods including bank transfers, credit cards, and other agreed-upon payment instruments. Payment terms are typically net 30 days unless otherwise specified.

Refunds

Refund policies vary by service type and will be specified in individual service agreements. Generally, payments for completed work or services are non-refundable.

6. Intellectual Property Rights

Client-Owned IP

  • Clients retain ownership of their pre-existing intellectual property
  • Clients own custom-developed solutions upon full payment, unless otherwise agreed
  • We may retain rights to use general methodologies, techniques, and know-how

Company-Owned IP

  • XerinkTech retains ownership of proprietary tools, frameworks, and methodologies
  • Pre-existing company intellectual property remains our property
  • We reserve rights to general knowledge and experience gained during projects

Third-Party IP

  • Both parties will respect third-party intellectual property rights
  • Clients are responsible for obtaining necessary licenses for third-party components
  • We will identify known third-party dependencies in project deliverables

7. Confidentiality

Mutual Confidentiality

Both parties agree to maintain confidentiality of proprietary and sensitive information shared during the course of our business relationship. This includes:

  • Technical specifications and business processes
  • Customer data and business strategies
  • Financial information and pricing details
  • Any information marked as confidential

Data Protection

We implement appropriate security measures to protect client data and will handle personal information in accordance with our Privacy Policy and applicable data protection laws.

8. Warranties and Disclaimers

Service Warranties

  • We warrant that services will be performed with professional skill and care
  • Custom software will substantially conform to agreed specifications
  • We will remedy material defects in deliverables within reasonable timeframes

Disclaimers

EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability for any claim will not exceed the fees paid for the specific service giving rise to the claim
  • We will not be liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for business interruption, lost profits, or data loss
  • These limitations apply regardless of the theory of liability

10. Force Majeure

Neither party will be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, labor disputes, or other force majeure events.

11. Termination

Termination Rights

  • Either party may terminate ongoing services with written notice as specified in individual service agreements
  • We may suspend or terminate services immediately for non-payment or material breach
  • Clients may terminate for convenience subject to payment for work completed

Effect of Termination

Upon termination:

  • Payment obligations for completed work remain in effect
  • Each party will return or destroy confidential information as requested
  • Provisions regarding intellectual property, confidentiality, and limitation of liability will survive

12. Dispute Resolution

Governing Law

These Terms are governed by the laws of [Jurisdiction] without regard to conflict of law principles.

Dispute Resolution Process

  • Parties will first attempt to resolve disputes through good faith negotiation
  • Unresolved disputes may be submitted to binding arbitration
  • Each party will bear their own costs unless otherwise determined by the arbitrator

13. General Provisions

Entire Agreement

These Terms, together with individual service agreements and SOWs, constitute the entire agreement between the parties regarding the subject matter herein.

Modifications

We may update these Terms periodically. Material changes will be communicated to active clients. Continued use of services constitutes acceptance of modified terms.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

Assignment

Clients may not assign their rights or obligations without our written consent. We may assign our rights and obligations with reasonable notice.

14. Contact Information

For questions regarding these Terms of Service, please contact us at:

Xerink Tech
Email: [info@xerinktech.com]
Website: xerinktech.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.