Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between WIATES Technologies (“WIATES”, “we”, “us”, or “our”) and the business entity or individual (“Client”, “you”, or “your”) accessing our websites, engaging our software development services, or executing a Statement of Work (“SOW”).

By engaging WIATES for digital engineering, cloud architecture, AI solutions, or mobile app development, you represent that you possess the corporate authority to bind your organization to these Terms. In the event of a direct conflict between these general Terms and an executed custom Master Services Agreement (MSA) or SOW, the terms of the specific SOW shall prevail.

WIATES provides high-performance custom digital product engineering, full-stack Next.js web applications, mobile platforms (iOS/Android), enterprise AI/RAG architectures, cloud infrastructure automation, and UI/UX design systems.

• Statements of Work (SOW): Each project engagement is defined by an SOW detailing the functional specifications, technical architecture, deliverable milestones, project timelines, and commercial payment schedules.
• Agile Change Requests: If the Client requests features, integrations, or scope changes outside the agreed SOW, WIATES will prepare a Change Request (CR) outlining any adjustments to the schedule and budget before implementation begins.

We believe in complete transparency regarding intellectual property (IP):

• Client Work Product: Upon full and final financial settlement of all invoices associated with a project or milestone, WIATES automatically assigns and transfers to the Client all worldwide rights, title, and intellectual property ownership in the custom code, custom designs, database schemas, and tailored assets created specifically for the Client.
• Pre-Existing Tools & Background IP: WIATES retains ownership of its generic developer utilities, boilerplates, internal component libraries, and general software development methodologies (“Background Technology”). To the extent Background Technology is incorporated into Client deliverables, WIATES grants the Client a perpetual, irrevocable, royalty-free, worldwide license to utilize, modify, and distribute such components as an integrated part of the deliverable.
• Open-Source Software: Custom deliverables may incorporate standardized, commercially permissive open-source libraries (e.g., MIT, Apache 2.0). These libraries remain governed by their respective open-source licenses.
• Portfolio Showcase: Unless explicitly restricted by a signed Non-Disclosure Agreement (NDA), WIATES retains the right to display non-confidential screenshots, project summaries, and client corporate logos in our portfolio and marketing case studies.

Commercial commitments are invoiced according to the milestones or sprint cycles specified in the SOW:

• Payment Terms: Invoices are payable within fifteen (15) calendar days of the invoice date (Net 15) via wire transfer, ACH, corporate credit card, or approved commercial payment rails.
• Late Interest: Undisputed payments overdue by more than fourteen (14) days may accrue late interest at the rate of 1.5% per month (or the maximum permitted by applicable law) until settled in full.
• Taxes: Unless explicitly stated otherwise, all quoted project rates exclude applicable sales tax, VAT, GST, or cross-border withholding taxes, which remain the statutory responsibility of the Client.

Successful software engineering relies on collaborative partnership. The Client agrees to:

• Appoint a primary Product Owner or Technical Lead empowered to make binding project decisions and approve milestone deliverables.
• Provide necessary third-party API credentials, staging environment access, and domain DNS delegations in a timely manner.
• Participate in scheduled sprint reviews and complete User Acceptance Testing within the agreed review windows.

Both parties agree to treat all business information, technical architecture designs, proprietary algorithms, financial figures, trade secrets, and customer data disclosed during the engagement as strictly Confidential Information.

Neither party shall disclose, publish, or use Confidential Information for any purpose outside the performance of the engagement, except as mandated by law. This confidentiality obligation survives termination of the contract for a period of five (5) years, and indefinitely for proprietary trade secrets and core source code.

WIATES warrants that all services will be executed in a professional, workmanlike manner adhering to industry-standard engineering best practices, security benchmarks, and agreed functional specifications.

Disclaimer: Except as expressly provided herein, WIATES disclaims all other warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, or uninterrupted uptime of third-party platforms (e.g., AWS outages, OpenAI API downtime, or browser vendor changes).

To the maximum extent permitted by applicable law:

• Consequential Damages Waiver: In no event shall either party be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, loss of data, or business interruption.
• Liability Cap: Each party’s total cumulative liability arising out of or related to an engagement shall not exceed the total fees actually paid or payable by the Client to WIATES under the applicable SOW during the twelve (12) months preceding the claim.
• Mutual Indemnification: WIATES agrees to indemnify the Client against third-party claims alleging that custom deliverables infringe valid third-party IP rights. The Client agrees to indemnify WIATES against claims arising from Client-supplied content, data, or unlawful software instructions.

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the commercial laws of India and/or the United Arab Emirates (as specified in your executed SOW), without regard to conflict of law principles.

Any dispute that cannot be resolved amicably through good-faith executive escalation within thirty (30) days shall be submitted to final and binding arbitration under the rules of arbitration of the relevant commercial arbitration center.

For formal legal notices, custom Enterprise Master Services Agreements (MSAs), or contractual inquiries, please contact: