Terms of Service

Effective date: March 13, 2026

Welcome to AIIVARS. These services are provided by AIIVARS LLC, an Arizona limited liability company ("Company," "we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

1. Acceptance of Terms

By accessing our website, signing a project agreement, or using AIIVARS services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

2. Services Provided

AIIVARS provides professional technology services, including but not limited to:

  • Custom Software Development: Web applications, mobile applications, APIs, and internal tools built to your specifications
  • AI and Automation Solutions: Machine learning integrations, workflow automation, intelligent data processing, and AI-powered business tools
  • Technology Consulting: Technical strategy, architecture planning, technology stack evaluation, and digital transformation advisory
  • Maintenance and Support: Ongoing software maintenance, bug fixes, performance optimization, feature enhancements, and monitoring

Specific deliverables, timelines, and pricing for each engagement are defined in the project agreement or statement of work ("SOW") signed by both parties before work begins.

3. Intellectual Property

Client Ownership of Custom Work: Upon full payment, you own all custom code, designs, and deliverables created specifically for your project. We assign all rights, title, and interest in the custom work to you.

AIIVARS Retained Property: We retain ownership of our pre-existing code, reusable frameworks, libraries, tools, development methodologies, and general know-how that are not created specifically for your project. Where we use such materials in your deliverables, we grant you a perpetual, non-exclusive, royalty-free license to use them as part of your project.

Third-Party Components: Your project may include open-source software or third-party components. These are governed by their respective licenses, which we will disclose to you.

Feedback: Any feedback, suggestions, or ideas you provide regarding our services or processes may be used by us without obligation or compensation to you.

4. Payment Terms

Project-Based Billing: Most projects are billed on a milestone basis as defined in the SOW. Typical milestones include project kickoff, design approval, development sprints, and final delivery. Payment is due within 15 days of each milestone invoice.

Retainer Billing: For ongoing maintenance and support, we offer monthly retainer agreements. Retainer fees are billed at the beginning of each billing period and are due upon receipt.

Late Payment: Invoices unpaid after 30 days may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to pause work on any project with overdue invoices until payment is received.

Price Changes: Pricing for active projects is locked in per the signed SOW. Retainer rates may be adjusted with 30 days written notice. Continued use after a price change takes effect constitutes acceptance of the new pricing.

5. Warranties

We warrant that all software delivered under a project agreement will function materially as specified in the approved SOW. If a defect is discovered within 30 days of delivery, we will fix it at no additional cost. This warranty covers bugs and deviations from the agreed specifications — it does not cover issues caused by modifications made by third parties, changes to your infrastructure, or requirements not included in the original scope.

EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIIVARS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

  • Your use or inability to use the delivered software
  • Any unauthorized access to or alteration of your data or systems
  • Business decisions made based on our consulting advice
  • Downtime or performance issues with third-party services or infrastructure
  • Any other matter relating to our services

Our total liability for any claim arising from or related to a project shall not exceed the total fees paid by you for that specific project.

7. Confidentiality

We treat all information shared during our engagement as confidential. This includes your business plans, technical specifications, proprietary data, user information, and any other non-public information disclosed to us.

  • We will not disclose your confidential information to third parties without your written consent, except as required by law
  • We limit access to your information to team members who need it to perform work on your project
  • A mutual non-disclosure agreement (NDA) is available upon request and can be executed before any information is shared
  • Confidentiality obligations survive the termination of any service agreement

8. Data Handling and Security

We follow industry security best practices to protect your business information and any data we access or process during our engagement:

  • Encryption of data in transit and at rest
  • Access controls and authentication requirements for all systems
  • Secure development practices including code review and testing
  • Regular security updates and vulnerability monitoring
  • Secure disposal of project data upon request or contract completion

We do not sell, rent, or share your data with third parties for their own purposes. Data access is limited to what is necessary to deliver our services.

9. Termination

By Either Party: Either party may terminate a service agreement with 30 days written notice. Upon termination:

  • All work completed to date is your property (subject to full payment for completed milestones)
  • We will deliver all source code, documentation, and assets for work completed and paid for
  • Outstanding invoices for work already performed remain due and payable
  • We will provide reasonable transition assistance to help you move to another provider or bring development in-house

By AIIVARS for Cause: We reserve the right to suspend or terminate services immediately if you breach these Terms, fail to pay invoices after written notice, or use our services for unlawful purposes.

10. Acceptable Use

You agree NOT to use our services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Build software intended for illegal, harmful, or fraudulent purposes
  • Transmit malware, viruses, or other malicious code to our systems
  • Attempt to gain unauthorized access to our systems, networks, or other clients' data
  • Misrepresent project requirements or provide materially false information

Violation of this policy may result in immediate termination of your engagement without refund for work already completed.

11. Indemnification

You agree to defend, indemnify, and hold harmless AIIVARS LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the delivered software, violation of these Terms, or violation of any rights of a third party.

12. Dispute Resolution

You and AIIVARS LLC agree that any dispute arising out of or relating to these Terms or our services shall be resolved through binding individual arbitration, except that either party may seek injunctive relief in court for infringement of intellectual property rights.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and AIIVARS LLC individually. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Arbitration shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona.

14. Force Majeure

AIIVARS LLC shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, government actions, network or infrastructure failures, pandemics, strikes, or shortages of resources or materials.

15. Accessibility

AIIVARS LLC is committed to making our website and services accessible to all users, including those with disabilities. We strive to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any accessibility barriers, please contact us at [email protected] so we may assist you.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, any signed project agreements or statements of work, and any other legal notices published on our website, constitute the entire agreement between you and AIIVARS LLC regarding the use of our services.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

Contact

For questions about these Terms, contact us at:

Email: [email protected]
Company: AIIVARS LLC
Website: aiivar.com

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