Terms and Conditions

1. General Information

Welcome to InitiumX. These Terms and Conditions ("Terms") govern your use of our software development, mobile applications, automation, digital consulting, and related services (the "Services") provided by InitiumX ("we," "our," or "the Company").

Company Information:

Company Name: InitiumX
Location: San Pedro Sula, Cortés, Honduras
Service Areas: United States, Canada, Honduras, Latin America
Email: contacto@initiumx.com
Phone: +504 3253-6271

2. Acceptance of Terms

By engaging our services, accessing our website, or communicating with us, you agree to be bound by these Terms and Conditions. If you do not agree with any of these terms, you should not use our services.

We reserve the right to modify these terms at any time. Changes will become effective immediately upon posting on our website. Your continued use of our services after such changes constitutes acceptance of the new terms.

Notice: For clients in California, additional terms may apply under the California Consumer Privacy Act (CCPA). Canadian clients are subject to applicable provincial privacy legislation.

3. Services Offered

InitiumX provides the following professional services:

Custom Software Development

Web applications, custom systems, APIs, and tailored technology solutions.

Mobile Applications

Native and hybrid app development for iOS and Android platforms.

E-commerce Solutions

Online stores, sales platforms, and payment processing systems.

Business Automation

Process automation and operational optimization solutions.

Digital Consulting

Digital transformation consulting and technology strategy advisory.

Maintenance & Support

Technical support, updates, and system maintenance services.

4. Engagement Process

Project Phases:

1. Initial Consultation: Requirements analysis and project feasibility assessment.
2. Proposal: Detailed technical and commercial proposal development.
3. Agreement: Execution of specific contract with detailed terms and conditions.
4. Development: Project execution according to agreed timeline and specifications.
5. Delivery: Final delivery, testing, and training as specified in the agreement.
6. Support: Warranty period and post-delivery support services.

Each project requires a specific Statement of Work (SOW) or contract detailing scope, timeline, payments, and particular conditions. In case of conflict, the specific contract terms shall prevail over these general terms.

5. Client Obligations

The client agrees to:

• Provide complete and accurate information regarding project requirements.
• Grant timely access to systems, data, and resources necessary for development.
• Make payments according to the schedule established in the specific agreement.
• Actively participate in project reviews and testing phases.
• Communicate changes or modifications in a timely manner and in writing.
• Respect InitiumX's intellectual property rights and confidential information.

6. Intellectual Property

Client Rights:

• Client receives usage rights to software specifically developed for them.
• Data and content provided by the client remains their property.
• Perpetual license is granted for custom-developed code.
• Source code access as specified in the agreement.

InitiumX Reserved Rights:

• Proprietary methodologies, frameworks, and tools developed by InitiumX.
• Reusable code and generic libraries not specific to the project.
• Knowledge, experience, and best practices acquired during the project.
• Right to use the project as a commercial reference (with prior authorization).

Open Source Components: Projects may include open-source libraries and components. These remain subject to their respective licenses, which will be documented and provided to the client.

7. Confidentiality

InitiumX commits to maintaining the confidentiality of all information provided by the client during project development. This obligation includes:

• Business, financial, and commercial data of the client.
• Technical information, processes, and client methodologies.
• Personal data of end users according to privacy regulations.
• Any information marked as confidential by the client.

This confidentiality obligation remains in effect even after project completion, for a minimum period of 5 years.

Data Protection Compliance: We comply with applicable data protection regulations including GDPR, CCPA, and PIPEDA where applicable to your jurisdiction.

8. Limitation of Liability

Important: InitiumX's total liability under any circumstances shall not exceed the total amount paid by the client for the specific services that gave rise to the claim.

InitiumX shall not be liable for:

• Indirect, incidental, or consequential damages.
• Data loss caused by third parties or force majeure events.
• Incompatibilities with third-party software not specified in requirements.
• Improper use of delivered software.
• Modifications made by third parties without authorization.
• Business interruption or loss of profits.

Disclaimer: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

9. Warranty and Support

Warranty Periods

• Custom Software: 90 days
• Mobile Applications: 60 days
• E-commerce Platforms: 120 days
• Consulting Services: 30 days

Warranty Coverage

• Bug fixes and functionality corrections
• Minor interface adjustments
• Basic technical support
• Technical documentation updates

Additional support, new features, and modifications outside the original scope require a new commercial agreement. Extended support plans are available upon request.

Service Level Agreements (SLA)

• Critical Issues: Response within 4 business hours
• High Priority: Response within 24 business hours
• Medium Priority: Response within 72 business hours
• Low Priority: Response within 5 business days

10. Payment and Billing

Payment Terms:

• Currency: USD, CAD, or as agreed in the contract
• Terms: According to schedule established in specific agreement
• Down Payment: Typically 30-50% to initiate the project
• Payments: By completed milestones or monthly schedule
• Late Fees: 1.5% per month on overdue balances
• Payment Methods: Wire transfer, ACH, checks, or approved payment platforms

US Clients

• Net 30 payment terms standard
• Sales tax applicable where required
• 1099 forms issued as applicable
• ACH and wire transfers accepted

Canadian Clients

• Net 30 payment terms standard
• GST/HST applicable as required
• CAD and USD currencies accepted
• EFT and wire transfers preferred

Overdue payments may result in temporary suspension of services and may affect future project engagements.

11. Contract Termination

Termination for Cause

• Non-payment for more than 30 days
• Breach of contractual obligations
• Misuse of confidential information
• Activities that harm InitiumX's reputation
• Violation of intellectual property rights

Voluntary Termination

• Written notice with 30 days advance
• Payment for work completed to date
• Delivery of project progress and assets
• Settlement of outstanding expenses
• Transition assistance if requested

Termination Effects

Upon termination, all licensing rights revert according to the terms of the specific agreement. Client retains rights to work completed and paid for. Confidentiality obligations survive termination.

12. Governing Law and Jurisdiction

Dispute Resolution

These terms are governed by international commercial law principles. Jurisdiction and applicable law will be determined based on the client's location and project specifics:

US Clients:

• Governed by applicable state and federal law
• Disputes subject to mediation first
• Arbitration through AAA if mediation fails
• Venue in client's state when possible

Canadian Clients:

• Governed by applicable provincial law
• Disputes subject to mediation first
• Commercial arbitration if needed
• Venue in client's province when possible

All parties agree to attempt resolution through good faith negotiation and mediation before pursuing formal legal proceedings.

13. General Provisions

Force Majeure

InitiumX shall not be liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, government actions, pandemics, or technical failures beyond our systems.

Severability

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These terms, together with the specific contract for each project, constitute the complete agreement between the parties and supersede all prior agreements and understandings.

Assignment

InitiumX may assign these terms and any agreement to affiliates or successors. Client may not assign without written consent.

Modifications

Any modifications must be agreed upon in writing and signed by both parties, except for general terms updates as specified herein.

14. Contact Information

For questions about these terms and conditions, please contact us:

Email: contacto@initiumx.com

Phone: +504 3253-6271

Business Hours: Mon-Fri 8 AM - 6 PM CST

Mailing Address: San Pedro Sula, Cortés, Honduras

WhatsApp: +504 3253-6271

Response Time: Within 48 business hours

These terms are available in both English and Spanish. In case of discrepancy, the version in the client's preferred language shall prevail for interpretation purposes.