1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OpenCollar Technologies ("Company," "we," "us," or "our") governing your access to and use of our website, services, and any related applications.
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.
2. Eligibility
By using our services, you represent and warrant that:
- You are at least 18 years of age or the legal age of majority in your jurisdiction
- You have the legal capacity to enter into a binding agreement
- You are not prohibited by law from using our services
- If you are using our services on behalf of an organization, you have the authority to bind that organization to these Terms
3. Our Services
OpenCollar Technologies provides software development and related technology services, including but not limited to:
- Custom software development
- Web application development
- Mobile application development
- Quality assurance and testing
- IT consulting and advisory services
- Software maintenance and support
- Cloud solutions and infrastructure
The specific scope, deliverables, timelines, and pricing for any project or engagement will be defined in a separate Service Agreement or Statement of Work.
4. User Responsibilities
When using our services, you agree to:
- Provide accurate, current, and complete information
- Maintain the confidentiality of any account credentials
- Promptly notify us of any unauthorized use of your account
- Use our services only for lawful purposes
- Not interfere with or disrupt the integrity of our services
- Not attempt to gain unauthorized access to our systems
- Not use our services to transmit malicious code or content
- Comply with all applicable laws and regulations
5. Intellectual Property Rights
5.1 Our Intellectual Property
The content, features, and functionality of our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are owned by or licensed to OpenCollar Technologies and are protected by international copyright, trademark, patent, and other intellectual property laws.
5.2 Project Deliverables
Ownership of intellectual property created during a project engagement will be governed by the terms specified in the applicable Service Agreement or Statement of Work. Unless otherwise agreed in writing:
- Custom code developed specifically for you will be assigned to you upon full payment
- Pre-existing materials, tools, and frameworks remain our property
- We retain the right to use general knowledge, skills, and experience gained during the project
5.3 License to Use Our Website
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal or internal business purposes. This license does not include the right to modify, reproduce, distribute, or create derivative works.
6. Payment Terms
For paid services:
- Payment terms, amounts, and schedules will be specified in the applicable Service Agreement
- All fees are quoted in USD unless otherwise specified
- Payment is due within 30 days of invoice date unless otherwise agreed
- Late payments may be subject to interest charges as permitted by law
- We reserve the right to suspend services for overdue accounts
- All fees are non-refundable unless otherwise specified in the Service Agreement
7. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of business. Confidential information includes, but is not limited to:
- Business plans, strategies, and financial information
- Technical specifications and source code
- Customer data and user information
- Trade secrets and proprietary processes
This confidentiality obligation survives the termination of our business relationship.
8. Warranties and Disclaimers
8.1 Limited Warranty
We warrant that our services will be performed in a professional manner consistent with industry standards. For project deliverables, we provide a warranty period as specified in the Service Agreement during which we will correct any defects at no additional charge.
8.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
- THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
10. Indemnification
You agree to indemnify, defend, and hold harmless OpenCollar Technologies, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of our services, violation of these Terms, or infringement of any third-party rights.
11. Termination
We may terminate or suspend your access to our services at any time, with or without cause, with or without notice. Upon termination:
- Your right to use our services will immediately cease
- Any provisions that by their nature should survive termination will survive
- For project engagements, termination rights and obligations will be governed by the applicable Service Agreement
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or our services shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
13. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
15. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Service Agreements, constitute the entire agreement between you and OpenCollar Technologies regarding the subject matter hereof and supersede all prior or contemporaneous communications, whether oral or written.
16. Services Contract, Payment & Refund Policy
The following terms apply to every paid service package purchased from Opencollar Technologies LLC (such as dedicated developer/AI engineer engagements, fixed-scope sprints, support retainers, etc.). The full policy is also published on a dedicated page , Services Contract Policy.
Service Policy and Payment Terms
By purchasing any service package from Opencollar Technologies LLC, the client acknowledges and agrees that all payments made are subject to the terms of the applicable service engagement, scope, and contract. Once the service contract, onboarding process, project planning, resource allocation, communication channel setup, or work initiation has started, the payment shall be considered fully earned and non-refundable.
If a refund is requested before formal contract initiation or before any service onboarding, planning, or operational allocation has begun, the Company may, at its sole discretion, issue a partial refund after deducting 10% of the paid amount to cover administrative, operational, payment processing, and business handling costs.
No refund shall apply to hours used, work performed, resources reserved, consultations delivered, internal planning completed, or any service activity already initiated. By proceeding with payment, the client confirms acceptance of these terms and agrees that service scheduling, allocation, and delivery may commence based on the purchased package.
Payment, Refund, and Service Initiation Policy
All payments made for service packages are final and made against reserved business capacity, operational allocation, and service commitment. Once the contract, onboarding, project setup, resource reservation, planning, portal setup, communication initiation, or any related service activity has commenced, such payment shall be strictly non-refundable. If a refund request is made prior to formal contract initiation and before any operational or service activity has started, a refund may be processed subject to a mandatory 10% deduction for administrative, operational, and transaction-related costs.
After Payment, Contract & Communication
Once your payment is confirmed, you will receive a formal contract document for the purchased package via email. After you sign the contract, our team will contact you to schedule the kickoff, allocate the assigned resource(s), provision your project portal access, and establish a smooth communication channel for ongoing collaboration.
17. Contact Us
If you have any questions about these Terms, please contact us: