Terms of Service
Last Updated: 1st January 2024
Table of Contents
1. Agreement to Terms
By accessing or using our website and services, you confirm that you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not access or use our services.
These terms constitute a legally binding agreement between you ("Customer", "you" or "your") and AirQX Technology Limited ("Company", "we", "us", or "our").
2. Our Services
AirQX Technology Limited provides custom software development services including but not limited to:
- Web application development
- Mobile application development
- Cloud solutions and infrastructure
- Software integration services
- Business intelligence solutions
- Cybersecurity services
All services are provided on a project basis as detailed in individual service agreements or statements of work.
2.1 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of our services at any time. We will provide reasonable notice of any material changes that may affect your use of our services.
3. User Accounts
To access certain features of our services, you may be required to register for an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and accept all risks of unauthorized access
- Notify us immediately of any unauthorized use of your account
- Be responsible for all activities that occur under your account
We reserve the right to suspend or terminate your account if any information provided during registration proves to be inaccurate, false, or misleading.
4. Intellectual Property Rights
4.1 Our Intellectual Property
All intellectual property rights in our services, website, and all materials provided by us (including but not limited to software, designs, text, graphics, and logos) are owned by or licensed to AirQX Technology Limited.
4.2 Your Intellectual Property
You retain all intellectual property rights in your data, content, and materials that you provide to us. You grant us a limited license to use your materials solely for the purpose of providing our services to you.
4.3 Developed Intellectual Property
Unless otherwise agreed in writing, intellectual property rights in custom software developed for you will be assigned to you upon full payment of all fees. We retain rights to any pre-existing code, tools, libraries, and methodologies used in the development process.
5. Payments and Billing
Fees for our services will be set out in the relevant service agreement or statement of work. Unless otherwise specified:
- Fees are quoted in British Pounds Sterling (GBP)
- Payment is due within 30 days of invoice date
- Late payments may incur interest at the rate of 8% per annum above the Bank of England base rate
5.1 Taxes
All fees are exclusive of VAT and other applicable taxes, which will be added to invoices at the prevailing rate.
5.2 Price Changes
We reserve the right to change our prices upon 30 days' notice. Price changes will not affect projects with existing signed agreements.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information received from the other party during the term of this agreement and for a period of 5 years after termination.
Confidential information includes, but is not limited to, business plans, customer lists, technical information, product designs, and trade secrets.
7. Warranties and Disclaimers
7.1 Service Warranty
We warrant that our services will be performed with reasonable skill and care consistent with generally accepted industry standards.
7.2 Disclaimer
Except as expressly provided herein, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that our services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
8. Limitation of Liability
8.1 Cap on Liability
Our total aggregate liability to you for any claims arising out of or relating to these terms or your use of our services shall not exceed the total amount paid by you to us in the 12 months preceding the event giving rise to the claim.
8.2 Exclusion of Certain Damages
In no event shall we be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses.
8.3 Exceptions
The limitations in this section do not apply to liability arising from our gross negligence or wilful misconduct, or for death or personal injury caused by our negligence.
9. Termination
Either party may terminate these terms for cause upon 30 days' written notice of a material breach if such breach remains uncured at the expiration of such period.
Upon termination:
- All rights and licenses granted to you will immediately cease
- You must cease all use of our services
- Any outstanding payments become immediately due and payable
Provisions that by their nature should survive termination will survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law and Jurisdiction
These terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of England and Wales.
Both parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
11. Changes to Terms
We may modify these terms at any time. When we do, we will revise the updated date at the top of this page.
We will provide you with reasonable notice of any material changes. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.
12. Contact Information
If you have any questions about these Terms of Service, please contact us at:
AirQX Technology Limited
123 Tech Park
London, WC1B 3DG
United Kingdom
Email: legal@airqx.co.uk
Phone: +44 20 7946 0123