Ortem Technologies

    Terms of Service

    Last updated: December 2024

    Agreement to Terms

    By accessing or using the services provided by Ortem Technologies LLC ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access or use our services. These Terms apply to all visitors, users, and clients who access or use our website and services.

    Services Description

    Ortem Technologies LLC provides custom software development, web and mobile application development, AI & machine learning solutions, cloud & DevOps services, and related technology consulting services. Our services include but are not limited to:

    • Custom software application development and maintenance
    • Web development and progressive web applications
    • Mobile application development for iOS and Android platforms
    • AI, machine learning, and data analytics solutions
    • Cloud infrastructure and DevOps consulting
    • eCommerce platform development and integration
    • IT staff augmentation and dedicated development teams

    Intellectual Property Rights

    Our Intellectual Property

    Unless otherwise stated, Ortem Technologies LLC owns the intellectual property rights for all material on this website. All intellectual property rights are reserved. You may access this from our website for your own personal use subjected to restrictions set in these terms.

    Client Work Product

    Upon full payment of all fees due, clients will own the intellectual property rights to custom work created specifically for them under a service agreement, unless otherwise specified in the project contract. Pre-existing tools, frameworks, and methodologies used in development remain the property of Ortem Technologies LLC.

    User Responsibilities

    When using our website and services, you agree to:

    • Provide accurate and complete information when requested
    • Maintain the confidentiality of any account credentials
    • Use our services only for lawful purposes
    • Not attempt to interfere with or disrupt our services or servers
    • Not reproduce, duplicate, or exploit any portion of our services without permission
    • Comply with all applicable laws and regulations
    • Respect the intellectual property rights of others

    Project Agreements

    Specific software development projects will be governed by separate project agreements or statements of work (SOW) that outline:

    • Project scope, deliverables, and specifications
    • Timeline and milestones
    • Payment terms and pricing
    • Acceptance criteria and testing procedures
    • Change request processes
    • Confidentiality and non-disclosure provisions

    In case of conflict between these Terms and a specific project agreement, the project agreement shall prevail for that particular engagement.

    Payment Terms

    Payment terms for our services include:

    • Payment schedules as specified in individual project agreements
    • Invoices are due within 30 days unless otherwise agreed
    • Late payments may incur interest charges as permitted by law
    • We reserve the right to suspend services for overdue accounts
    • All fees are exclusive of applicable taxes unless stated otherwise

    Confidentiality

    We understand the importance of protecting confidential information. Both parties agree to maintain the confidentiality of any proprietary information, trade secrets, or sensitive data shared during the course of our engagement. This obligation survives the termination of any service agreement.

    Warranties and Disclaimers

    Service Warranty

    We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a warranty period for bug fixes as specified in individual project agreements.

    Disclaimer

    EXCEPT AS EXPRESSLY STATED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORTEM TECHNOLOGIES LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

    Indemnification

    You agree to indemnify, defend, and hold harmless Ortem Technologies LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

    Termination

    Either party may terminate services:

    • With written notice as specified in project agreements
    • Immediately if the other party materially breaches these Terms
    • Upon mutual written agreement

    Upon termination, you shall pay for all services rendered up to the termination date. Provisions regarding confidentiality, intellectual property, limitation of liability, and indemnification shall survive termination.

    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 provisions. Any disputes arising from these Terms or our services shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Delaware, USA.

    Modifications to Terms

    We reserve the right to modify or replace these Terms at any time. Material changes will be posted on this page with an updated "Last updated" date. Your continued use of our services after any changes constitutes acceptance of the new Terms.

    Contact Information

    For questions about these Terms of Service, please contact us:

    Ortem Technologies LLC

    16192 Coastal Highway, Lewes, Delaware 19958, US

    Email: sales@ortemtech.com

    Phone: +1 (519) 502-1577