Terms and Conditions
This document constitutes a legally binding agreement between you and Oktacon regarding your use of our software development, mobile application, AI, and digital marketing services.
Welcome to Oktacon. Please read these Terms and Conditions carefully. By accessing or using our services, you agree to be bound by the full terms outlined below.
1. Agreement to Terms
By accessing or using the services provided by Oktacon ('we', 'us', 'our'), which include, but are not limited to, website development, mobile application creation, AI module integration, and digital marketing services, you agree to be bound by these Terms and Conditions ('Terms'). If you disagree with any part of the Terms, you may not access the Service.
2. Scope of Services
Oktacon provides bespoke technological and marketing solutions. The specific scope, deliverables, timelines, and costs for any project (Software Development, App Creation, AI Model Training, Digital Campaign Management) will be detailed in a separate, mutually executed Service Agreement or Statement of Work (SOW). These Terms govern the general use and relationship, but the SOW governs the specific project details.
3. Intellectual Property Rights (IP)
Upon final payment for a custom-built product (e.g., website, app source code, unique AI models developed specifically for the client), the client will typically receive full ownership of the IP rights to that specific deliverable. However, Oktacon retains ownership of its underlying tools, frameworks, generic code libraries, non-client-specific AI algorithms, and pre-existing IP utilized in creating the deliverable. Any third-party software licenses required remain the responsibility of the client unless otherwise specified in the SOW.
4. Digital Marketing and Performance
For digital marketing campaigns (SEO, PPC, social media), Oktacon agrees to apply professional skill and effort. We do not guarantee specific results (e.g., ranking position, sales volume, conversion rates) due to external factors outside our control, such as search engine algorithm changes, market competition, and client product performance. Billing for marketing services is based on services rendered and management time spent, as defined in the SOW.
5. Confidentiality and Non-Disclosure
Both parties agree to treat all business, technical, financial, and client data received from the other party as confidential. This obligation remains in effect for a period of five (5) years following the termination of any service agreement. Oktacon will utilize standard industry security practices to protect client data stored on our systems.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Oktacon shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) unauthorized access, use, or alteration of your transmissions or content. Our total liability for any claim shall not exceed the amount paid by you to Oktacon in the six (6) months preceding the claim.
7. Client Obligations
The client is responsible for providing timely access to necessary information, materials, and approvals as required for Oktacon to perform its services. Delays caused by the client may result in project schedule adjustments and potential additional charges, as outlined in the SOW. The client warrants that all provided content (text, images, logos) does not infringe upon the intellectual property rights of any third party.
8. Termination of Services
Oktacon may terminate or suspend access to our services immediately, without prior notice or liability, for any breach of these Terms, including failure to make payments on time. Upon termination, your right to use the Service will immediately cease. Sections related to IP, Indemnification, Disclaimer, and Liability shall survive termination.
9. General Provisions
- Governing Law: These Terms shall be governed and construed in accordance with the laws of Jurisdiction, without regard to its conflict of law provisions.
- Changes to Terms: We have the right to modify or replace these Terms at any time. We will provide at least 30 days' notice before any new terms take effect.
- Contact Information: For any questions about these Terms, please contact us at: legal@oktacon.com.