1. Acceptance of Terms
By accessing or using the Ascenera website ("the Website") and services ("the Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Website or Services.
These Terms apply to all visitors, users, and others who access or use our Services. By using the Services, you represent that you are at least 18 years of age or have the consent of a parent or guardian.
2. Description of Services
Ascenera provides software engineering, 3D creative development, AI-powered development, cloud infrastructure, UI/UX design, and related technology consulting services ("the Services"). The specific scope, deliverables, and timelines for each engagement will be defined in a separate Statement of Work (SOW) or Service Agreement executed by both parties.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice to affected clients.
3. Intellectual Property Rights
Ownership of Deliverables
Upon full payment for Services, all intellectual property rights in the custom work product, code, designs, and deliverables created specifically for you ("Deliverables") shall be transferred to you, unless otherwise agreed in writing.
Ascenera's Intellectual Property
Ascenera retains all rights to its pre-existing tools, frameworks, libraries, methodologies, and know-how used in providing the Services, including any improvements or modifications made during the engagement ("Ascenera IP"). We grant you a perpetual, non-exclusive, royalty-free license to use Ascenera IP solely as incorporated into your Deliverables.
Website Content
All content on the Website, including text, graphics, logos, images, and software, is the property of Ascenera or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
4. Client Responsibilities
As a client of Ascenera, you agree to:
- Provide accurate, complete, and timely information and materials necessary for the performance of Services
- Designate a point of contact authorized to make decisions and provide approvals
- Review and provide feedback on deliverables within agreed-upon timeframes
- Maintain the confidentiality of any proprietary information shared during the engagement
- Comply with all applicable laws and regulations regarding your use of our Services
5. Payment Terms
- Fees for Services are as set forth in the applicable SOW or Service Agreement
- Invoices are due within the timeframe specified in the agreement (typically net-15 or net-30)
- Late payments may incur a service charge of 1.5% per month or the maximum rate permitted by law
- All fees are exclusive of taxes, which you are responsible for paying
- We reserve the right to suspend Services for accounts that are more than 30 days past due
6. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information disclosed during the engagement. Confidential information includes, but is not limited to, business plans, technical data, source code, trade secrets, and client lists.
This obligation survives the termination of the engagement for a period of three (3) years. Nothing in this section prevents us from displaying the work in our portfolio unless you have explicitly opted out in writing.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Ascenera shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, data, use, or goodwill
- Cost of procurement of substitute services
- Service interruption or computer damage
- Any damages arising from your use of the Website or Services
Our total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the total amount paid by you for the specific Services giving rise to the claim during the 12 months preceding the claim.
8. Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the Services will be uninterrupted or error-free
- Warranties regarding the accuracy, reliability, or completeness of content
We do not warrant that the Services will meet your specific requirements or that defects will be corrected. You assume all responsibility for selecting the Services to achieve your intended results.
9. Indemnification
You agree to indemnify, defend, and hold harmless Ascenera, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:
- Your use of the Services or Website
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Any content or materials you provide to us
10. Termination
Either party may terminate a Service Agreement in accordance with the termination provisions set forth in that agreement. In the absence of specific provisions:
- You may terminate with 30 days written notice; you will be billed for all Services rendered through the termination date
- We may terminate with 30 days written notice if you materially breach these Terms and fail to cure the breach within 15 days of notice
- Upon termination, you must pay all amounts due for Services rendered up to the effective date of termination
11. Third-Party Links and Services
Our Website may contain links to third-party websites or services that are not owned or controlled by Ascenera. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Ascenera shall not be liable for any damage or loss caused by your use of any third-party websites or services.
12. Website Use and Acceptable Conduct
When using our Website, you agree not to:
- Violate any applicable law or regulation
- Impersonate any person or entity or misrepresent your affiliation
- Engage in any conduct that restricts or inhibits others from using the Website
- Upload or transmit viruses, malware, or any malicious code
- Attempt to gain unauthorized access to our systems or user accounts
- Collect or harvest any personally identifiable information from the Website
- Use any robot, spider, or automated device to access the Website for any purpose without our express written permission
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.
Any dispute arising from these Terms or our Services shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in New York, New York, in accordance with the rules of the American Arbitration Association.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. Material changes will be posted on this page with a revised "Last updated" date. Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
15. Contact Information
If you have any questions about these Terms, please contact us: