Custom Software & Digital Transformation Solutions | EWURABA SW ENGINEERING (ESEC)

Conditions of Use

Every time you visit this application or use its services, you accept the following conditions. We therefore urge you to read them carefully.

Copyright

All content included on this website and in delivered products, including but not limited to text, graphics, logos, designs, source code, object code, and software, is the exclusive property of EWURABA SW ENGINEERING, except where otherwise expressly stated, and is protected by applicable copyright and intellectual property laws.

Communications

When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Applicable Law

These Terms of Service are governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws principles, and, to the extent not preempted by federal law, the laws of the state in which EWURABA SW ENGINEERING is headquartered at the time the dispute arises.

Sales Policy

1. Items

Any item purchased shall be delivered within 24 hours of purchase unless otherwise stated. An item is deemed received when ownership has been transferred to the client and the product — typically an application — is live and operating in accordance with the terms stated on the invoice.
Where a product includes incentives (for example, coverage of certain costs for a specified period), the item is considered received once the application is live on the client's domain and such incentives are activated.

2. Compensation

If delivery of an item is delayed by EWURABA SW ENGINEERING beyond the initial 24-hour period, the client shall receive a 1% discount off the item's current price for each additional 24-hour period of delay.
Where EWURABA SW ENGINEERING purchases a client's domain or custom email address (e.g., email@customdomain) as part of an incentive, the client becomes eligible for compensation only after the domain and custom email are active.

3. Refunds

Clients may request a refund, less applicable taxes, if the item has not been received within 168 hours of purchase, provided the client has an active domain and custom email address where required. No refunds will be issued for items that have already been received.

Service Policy

1. Service Request

All service requests under Service-E-Combo-1, Service-E-Combo-2, Service-E-Combo-3, Service-E-Combo-4, and Service-E-Combo-5 are subject to screening prior to acceptance. Clients must provide all relevant details necessary to evaluate the request, including but not limited to:

1. The nature and purpose of the project
2. What the system is required to do or achieve
   Describe the purpose of the system and the problems it is intended to solve.
3. Which main features are non-negotiable
   Identify the features or capabilities that must be included for the system to be acceptable.
4. Why the system is needed
   Explain the business, operational, or personal reason for requesting the system.
5. How the system will be used
   Include the expected number of users and, if relevant, an estimate of how much data the system will store (hypothetical estimates are acceptable).
6. An example user story (if applicable)
   Provide a simple example describing how a typical user would interact with the system.
Failure to provide sufficient or clear information may result in rejection of the service request. The service request message section has a character limit of 5,000 characters.
2. Service Realisation

A service is considered realised when EWURABA SW ENGINEERING has met the agreed-upon key performance indicators (KPIs) and any non-negotiable features specified in the original contract signed by both parties.

3. Service Level Agreement (SLA)

Service levels are governed exclusively by the applicable Service Contract.

Intellectual Property & Proprietary Rights

Except where otherwise expressly agreed in writing:

1. EWURABA SW ENGINEERING retains all right, title, and interest in and to all pre-existing software, frameworks, templates, libraries, tools, methodologies, documentation, and proprietary technologies used in delivering the Services.
2. Upon full payment, the client is granted a limited, non-exclusive, non-transferable license to use the delivered application solely for the client's intended internal or business purpose.
3. Client-provided content, branding, and data remain the property of the client.
4. Nothing in these Terms transfers ownership of EWURABA SW ENGINEERING's intellectual property to the client.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, all items and services are provided on an “as is” basis. EWURABA SW ENGINEERING makes reasonable efforts to provide reliable and functional services and to maintain delivered items in accordance with agreed-upon specifications, but does not make any other express or implied warranties, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

To the fullest extent permitted by applicable law:

1. EWURABA SW ENGINEERING shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.
2. This Limitation of Liability applies only to claims not covered by our Refund Policy for products/items or Service Level Agreements for service delivery.
3. For all other claims, EWURABA SW ENGINEERING’s total cumulative liability for any claim arising out of or relating to these Terms or the Services shall not exceed 50% of the total amount actually paid by the client for the specific item or service giving rise to the claim.

Indemnification

The client agrees to indemnify, defend, and hold harmless EWURABA SW ENGINEERING, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. The client's use of the Services or delivered products
2. Content, data, or materials provided by the client
3. The client's violation of applicable laws or regulations
4. The client's breach of these Terms

Scope Changes & Additional Work

Any work, features, integrations, or services requested by the client that fall outside the agreed-upon KPIs and non-negotiable features shall require a separate written agreement and may be subject to additional fees, timelines, and terms.

Client Responsibilities / Acceptable Use

Clients agree to:

1. Provide accurate and complete information necessary for the Services
2. Use the Services in compliance with applicable laws and regulations
3. Not use the Services to infringe third-party rights or distribute malicious content
4. Respect EWURABA SW ENGINEERING's infrastructure and refrain from attempting to disrupt the Services

Third-Party Marketing Services

1. EWURABA SW ENGINEERING may use third-party platforms to deliver marketing, advertising, or SEO-related services. Examples include YouTube, Google Ads, Facebook Ads, and other similar platforms.
2. EWURABA SW ENGINEERING is not responsible for failures, delays, outages, or limitations caused by these third-party platforms, including ad placement, impressions, clicks, or performance. Any third-party services used are subject to their own terms, conditions, and policies. Clients acknowledge and accept that results are influenced by factors outside EWURABA SW ENGINEERING's control.

Updates & Maintenance

EWURABA SW ENGINEERING may provide updates, patches, or feature improvements as part of ongoing support or maintenance. Such updates are subject to the same Terms and do not constitute new warranties unless explicitly stated.

Termination & Suspension

EWURABA SW ENGINEERING may terminate or suspend access to Services immediately if:

1. The client breaches these Terms
2. The client fails to make timely payment
3. The client's use poses security, legal, or operational risk

Upon termination, licenses granted to the client are revoked, and outstanding payments remain due.

Force Majeure

EWURABA SW ENGINEERING shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, power outages, internet or hosting failures, labor disputes, government actions, natural disasters, or other events outside its reasonable control.

Data Security & Breach Policy

EWURABA SW ENGINEERING implements commercially reasonable security measures to protect client data. In the unlikely event of a data breach, EWURABA SW ENGINEERING will notify affected clients promptly and take appropriate remedial action in accordance with applicable laws.

Arbitration / Dispute Resolution

Any dispute arising from or relating to these Terms shall, at EWURABA SW ENGINEERING’s discretion, be resolved by binding arbitration in the state where EWURABA SW ENGINEERING is headquartered, in accordance with the rules of the American Arbitration Association, instead of through court litigation.

Privacy Policy

1. Information Collection and Use

To contact you, we may require certain personal information, including but not limited to your email address, country, and city of residence.

2. Log Data

Whenever you visit this site, your browser may send information known as Log Data. This data is used for analytical and statistical purposes to understand how visitors use the site.

3. Security

We value your trust in providing us with your personal information and use commercially acceptable means to protect it.

Links to Other Sites

This site contains links only to EWURABA SW ENGINEERING projects and does not include third-party advertisements. Any linked content will open in a new browser tab.

Children's Privacy

This site does not address anyone under the age of 13 and does not knowingly collect personally identifiable information from children under 13. If we discover that a child under 13 has provided personal information, we will promptly delete it.

Changes to These Terms

EWURABA SW ENGINEERING reserves the right to modify these Terms at any time. We encourage you to review this page periodically for any changes. Continued use of the Services constitutes acceptance of the updated Terms.