Agreement Overview

Effective Date: August 1, 2025

Last Updated: August 1, 2025

Important Legal Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you and timtasay Solutions ("Company," "we," "us," or "our"). By accessing our website or using our services, you agree to be bound by these Terms.

Welcome to timtasay Solutions. These Terms of Service govern your use of our website located at timtasay.com and our software development services. Please read these Terms carefully before using our services.

By Using Our Services, You Agree To:

Comply with all applicable laws and regulations, respect intellectual property rights, provide accurate information, and maintain the confidentiality of any sensitive information shared during our business relationship.

Service Description

Our Services

timtasay Solutions provides professional software development services, including but not limited to:

  • Custom web application development
  • Native iOS and Android mobile app development
  • Cross-platform mobile app development (Flutter, React Native)
  • Enterprise software solutions
  • Technical consulting and process optimization
  • Software support and maintenance
  • Sub-contractor development services
  • Software architecture and system design

Service Agreements

Specific services are provided under separate written agreements or statements of work ("SOW") that will include:

  • Detailed project scope and requirements
  • Timeline and milestones
  • Payment terms and pricing
  • Deliverables and acceptance criteria
  • Intellectual property ownership
  • Confidentiality provisions

Contract Hierarchy

In case of conflicts between these Terms and a specific service agreement, the terms of the specific service agreement will take precedence for that particular project.

Acceptable Use

Permitted Uses

You may use our website and services for legitimate business purposes, including:

  • Requesting information about our services
  • Submitting project inquiries and consultation requests
  • Accessing project documentation and deliverables
  • Communicating with our team about ongoing projects
  • Downloading resources we make available

Prohibited Uses

You agree not to use our website or services for any unlawful purpose or any purpose prohibited by these Terms. Prohibited uses include:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights
  • Transmitting malicious code or harmful content
  • Attempting to gain unauthorized access to our systems
  • Interfering with the proper functioning of our website
  • Harvesting or collecting user information
  • Impersonating another person or entity
  • Engaging in fraudulent activities

Violation Consequences

Violation of these terms may result in immediate termination of services, legal action, and reporting to appropriate authorities.

Intellectual Property Rights

Our Intellectual Property

All content on our website and our proprietary methodologies, tools, and frameworks are protected by intellectual property laws:

  • Website content, design, and functionality
  • Company logos, trademarks, and branding
  • Proprietary software development tools and frameworks
  • Documentation templates and methodologies
  • Marketing materials and case studies

Client Intellectual Property

We respect and protect our clients' intellectual property rights:

  • Client retains ownership of their existing intellectual property
  • Custom-developed software typically belongs to the client (as specified in SOW)
  • We maintain strict confidentiality of client proprietary information
  • Client data and business information remain confidential

Shared and Derivative Works

Ownership of intellectual property created during projects will be clearly defined in each service agreement, typically including:

  • Custom code developed specifically for the client
  • Modifications to existing client systems
  • Documentation created for client projects
  • Rights to use general methodologies and frameworks

Open Source Components

When we use open-source components in client projects, we ensure proper licensing compliance and clearly document all open-source dependencies and their respective licenses.

Confidentiality & Non-Disclosure

Confidential Information

We maintain strict confidentiality regarding all client information, including:

  • Business strategies and proprietary information
  • Technical specifications and system architectures
  • Financial information and business data
  • Customer lists and market information
  • Source code and software implementations
  • Any information marked as confidential

Protection Measures

We implement comprehensive measures to protect confidential information:

  • Secure development environments and access controls
  • Employee confidentiality agreements and training
  • Encrypted communication and file sharing
  • Secure code repositories with restricted access
  • Regular security audits and compliance reviews

Duration of Confidentiality

Confidentiality obligations continue:

  • Throughout the duration of our business relationship
  • For a period of five (5) years after project completion
  • Indefinitely for trade secrets and highly sensitive information
  • As specified in individual service agreements

Payment Terms

Pricing and Invoicing

Payment terms are specified in individual service agreements and typically include:

  • Fixed project pricing or hourly rate structures
  • Payment milestones tied to project deliverables
  • Net 30 payment terms unless otherwise specified
  • Late payment fees of 1.5% per month on overdue amounts
  • Detailed invoices with project time tracking

Accepted Payment Methods

  • Bank wire transfers (preferred for large amounts)
  • ACH electronic transfers
  • Business checks
  • Credit card payments (processing fees may apply)
  • Online payment platforms as mutually agreed

Suspension of Services

We reserve the right to suspend services in case of:

  • Non-payment of invoices beyond 30 days
  • Breach of contract terms
  • Failure to provide necessary project requirements
  • Violation of acceptable use policies
Payment Schedule Typical Terms Late Fees
Project Milestone Upon completion of defined deliverables 1.5% per month
Monthly Retainer Due on the 1st of each month 1.5% per month
Time & Materials Bi-weekly or monthly invoicing 1.5% per month
Fixed Price Project 50% upfront, 50% on completion 1.5% per month

Disclaimers & Limitations

Service Disclaimers

While we strive to provide high-quality services, we make the following disclaimers:

  • Services are provided "as-is" without warranties beyond those in service agreements
  • We cannot guarantee specific business outcomes or results
  • Third-party integrations may have their own terms and limitations
  • Technology changes may affect long-term compatibility
  • Performance may vary based on client infrastructure and requirements

Limitation of Liability

Our liability is limited as follows:

  • Total liability shall not exceed the amount paid for services in the preceding 12 months
  • We are not liable for indirect, consequential, or punitive damages
  • Business interruption or lost profits are excluded from liability
  • Force majeure events are excluded from liability
  • Client's failure to follow recommendations may limit our liability

Important Limitation Notice

Some jurisdictions do not allow limitation of liability for certain types of damages. In such cases, our liability will be limited to the maximum extent permitted by law.

Termination

Termination by Either Party

Either party may terminate services under the following conditions:

  • Material breach of contract with 30 days written notice to cure
  • Insolvency or bankruptcy of either party
  • Mutual agreement in writing
  • Completion of all contracted services
  • For convenience with 30 days written notice (ongoing retainer services)

Effect of Termination

Upon termination of services:

  • Client remains responsible for payment of all services rendered
  • We will provide final deliverables as specified in the service agreement
  • Confidentiality obligations continue as specified
  • Each party will return or destroy confidential information as requested
  • Client will receive all work product and deliverables paid for

Transition Assistance

We provide reasonable transition assistance including:

  • Documentation of completed work
  • Code repositories and development environments transfer
  • Knowledge transfer sessions (if requested and compensated)
  • Assistance with handover to new development teams

Dispute Resolution

Informal Resolution

We encourage informal resolution of disputes through direct communication:

  • Initial discussion between project managers
  • Escalation to senior management if needed
  • Good faith negotiation to reach mutually acceptable solution
  • Documentation of resolution agreements

Formal Dispute Resolution

If informal resolution fails, disputes will be resolved through:

  1. Mediation: Non-binding mediation with a mutually agreed mediator
  2. Arbitration: Binding arbitration under the rules of the American Arbitration Association
  3. Jurisdiction: Courts of the State of Florida if arbitration is not successful

Governing Law

These Terms are governed by:

  • Laws of the State of Florida, United States
  • Federal laws where applicable
  • Venue in Florida state or federal courts
  • English language interpretation

Cost Allocation

In any dispute resolution proceeding, the prevailing party may be entitled to recover reasonable attorney's fees and costs, as determined by the arbitrator or court.

Changes to Terms

Modification Process

We may update these Terms of Service from time to time:

  • Changes will be posted on our website with a new effective date
  • Material changes will be communicated via email to active clients
  • Continued use of services constitutes acceptance of modified terms
  • Existing service agreements remain under their original terms unless modified by mutual consent

Notification Methods

  • Website banner notification for 30 days
  • Email notification to registered users
  • Update to this page with highlighted changes
  • Social media announcements for significant changes

Version History

We maintain a version history of our Terms of Service. Previous versions are available upon request for reference and compliance purposes.

Contact Information

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

Legal & Business Inquiries

Legal: [email protected]
General: [email protected]
Phone: 1-941-444-9207
Business Hours: Monday - Friday, 9:00 AM - 6:00 PM EST

Response Time

We typically respond to legal and contract inquiries within 2 business days. For urgent matters, please indicate urgency in your communication.