Terms of Service
These Terms of Service ("Terms") govern the services and products offered by Giftera Tech LLC, a limited liability company registered in Wyoming, USA ("Giftera Tech", "we", "us"), through this website and through direct agreements with our clients. By hiring our services or using our products you agree to these Terms.
1. Services
We provide software development services: web applications, mobile applications, backend systems, APIs, quality assurance and maintenance. The scope, timeline, deliverables and price of each engagement are defined in a written proposal or statement of work accepted by the client. If a proposal conflicts with these Terms, the proposal prevails for that engagement.
2. Pricing and payment
- Our rate is USD 40 per hour. Fixed-scope projects are quoted in US dollars before work begins.
- Fixed-scope projects are invoiced by milestone as set out in the proposal. Hourly and maintenance work is invoiced monthly for the hours worked, with a time report.
- Invoices are payable within 7 days by card, bank transfer or the payment method stated on the invoice. Prices do not include taxes or fees that may apply in the client's country.
3. Client responsibilities
The client provides the information, content, access and feedback needed for the work in a timely manner, and is responsible for having the rights to any material they supply. Delays caused by missing information may move delivery dates.
4. Intellectual property
Once an invoice is paid in full, the client owns the code and deliverables created specifically for them under that engagement. Giftera Tech keeps ownership of its pre-existing tools, libraries and know-how, and grants the client a perpetual license to use them as part of the delivered work. Open-source components remain under their own licenses.
5. Confidentiality
We keep confidential any non-public information the client shares with us and use it only to perform the work. We may sign a separate non-disclosure agreement on request.
6. Warranty
For fixed-scope projects we fix, at no extra cost, defects reported within 30 days of delivery that make the software behave differently from the agreed scope. Beyond that, services are provided "as is", without other warranties, express or implied.
7. Limitation of liability
To the maximum extent permitted by law, Giftera Tech's total liability for any claim related to an engagement is limited to the amount paid by the client for that engagement in the three months before the claim. We are not liable for indirect or consequential damages, including lost profits or data.
8. Our products
El Bárbaro and Atlyo have their own terms of use and privacy policies, shown inside each app. Purchases made through the App Store or Google Play are also subject to Apple's and Google's terms.
9. Cancellation
Either party may end an engagement by written notice as described in our Refund & Cancellation Policy. Work completed up to that date is payable.
10. Governing law
These Terms are governed by the laws of the State of Wyoming, USA. Before any formal claim, both parties agree to try to resolve disputes in good faith by email for 30 days.
11. Changes
We may update these Terms. The date at the top shows the latest version. Changes do not affect engagements already accepted.
Contact
Giftera Tech LLC · Wyoming, USA · hello@giftera-tech.com