Terms & Conditions

By accessing and using the Datamart Inc website (dtm.io) and services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. These terms apply to all visitors, users, clients, and others who access or use our services. We reserve the right to update these terms at any time, and your continued use constitutes acceptance of any changes.

Datamart Inc provides custom software development services including: • MVP (Minimum Viable Product) Development • SaaS Platform Maintenance and Support • Staff Augmentation and Team Extension • Mobile Application Development • AI and Automation Solutions • Enterprise Software Development • Web Application Development • API Development and Integration • Cloud Migration Services All services are provided on a project basis or through ongoing service agreements as outlined in individual contracts or statements of work (SOW).

As a client, you agree to: • Provide accurate and complete information about your project requirements • Respond to requests for information or feedback in a timely manner • Provide necessary access to systems, accounts, and resources as required • Ensure you have the legal right to share any materials, content, or data provided • Maintain active communication throughout the project lifecycle • Review and provide feedback on deliverables within agreed timelines • Make payments according to the agreed schedule • Comply with all applicable laws and regulations Failure to meet these responsibilities may result in project delays or additional costs.

Payment terms are outlined in individual project agreements or invoices: • Invoices are typically issued based on project milestones or monthly for ongoing services • Payment is due within 15 days of invoice date unless otherwise specified • Late payments may incur a 1.5% monthly interest charge • We accept credit cards, bank transfers, and wire payments • Deposits or upfront payments may be required before work commences • Continued non-payment may result in work suspension or termination • All fees are exclusive of taxes, which are the client's responsibility For staff augmentation services, standard payment terms are Net 15 with monthly invoicing.

Ownership and IP rights vary based on service type: Project Work: • Upon full payment, clients receive ownership of custom-developed deliverables • We retain ownership of pre-existing tools, frameworks, and methodologies • We may use project work as portfolio examples (with client permission) Staff Augmentation: • All work product created by augmented staff belongs to the client • Client owns all intellectual property rights upon payment We reserve the right to: • Use general knowledge and experience gained during projects • Reuse non-proprietary code and methodologies • Showcase work in portfolios (with anonymization if required) Third-party licenses and open-source components remain subject to their respective licenses.

Both parties agree to maintain confidentiality of proprietary information: • All non-public information is considered confidential • Confidential information will not be disclosed to third parties • Information may only be used for the purposes of the project • Standard confidentiality obligations survive for 3 years after project completion • Mutual Non-Disclosure Agreements (NDAs) available upon request Exceptions include information that: • Is publicly available or becomes public through no breach • Was known prior to disclosure • Is independently developed • Must be disclosed by law or court order

Our Warranties: • We will perform services in a professional and workmanlike manner • Deliverables will substantially conform to agreed specifications • We have the right to provide the services offered Disclaimers: • Services are provided "as is" without warranties beyond those explicitly stated • We do not guarantee that services will be uninterrupted or error-free • We are not responsible for third-party services, APIs, or platforms • We do not warrant that software will meet all your requirements or be bug-free • Client is responsible for testing and acceptance of deliverables Our liability is limited to the amount paid for services in the preceding 12 months.

To the maximum extent permitted by law:

• Datamart Inc's total liability shall not exceed the amount paid for services in the preceding 12 months
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not responsible for losses due to business interruption, lost profits, or data loss
• Client assumes all risk for use of deliverables in production environments
• We are not liable for third-party services, platforms, or APIs

Some jurisdictions do not allow limitation of liability for consequential damages, so these limitations may not apply to you.

Either party may terminate services under the following conditions:

• For Convenience: 30 days written notice for ongoing services
• For Cause: Immediate termination for material breach after 15 days cure period
• Non-Payment: Services may be suspended after 30 days of non-payment

Upon termination:

• Client remains responsible for all fees accrued up to termination date
• We will deliver all completed work upon full payment
• Both parties will return or destroy confidential information
• Obligations regarding confidentiality and IP survive termination

Client agrees to indemnify and hold Datamart Inc harmless from claims arising from:

• Client's use of deliverables or services
• Client's breach of these terms
• Client's violation of laws or third-party rights
• Content or data provided by client
• Claims that client's specifications infringe third-party rights

We will indemnify client against claims that our work infringes third-party intellectual property rights, provided we are promptly notified and given control of the defense.

In the event of any dispute:

• Parties will first attempt to resolve disputes through good-faith negotiations
• If unresolved within 30 days, disputes will be submitted to binding arbitration
• Arbitration will be conducted in Palo Alto, California
• Arbitration will follow American Arbitration Association rules
• Each party bears its own costs; arbitrator fees are split equally

These terms are governed by the laws of California, without regard to conflict of law principles.

• Entire Agreement: These terms, together with any SOW or contract, constitute the entire agreement between parties
• Amendments: These terms may only be amended in writing signed by both parties
• Assignment: Client may not assign these terms without our prior written consent
• Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control
• Severability: If any provision is invalid, the remaining provisions remain in effect
• Waiver: Failure to enforce any right does not waive that right
• Notices: All notices must be in writing to the addresses specified in contracts