Terms Of Service

Last updated: Aug 05, 2024

1. Introduction

Welcome to The NC Factory ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our No-Code Development Services, including but not limited to Automations with No-Code tools, custom AI Assistants developed using No-Code technologies, and software development using No-Code platforms ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Services

2.1. Service Description: We provide No-Code development, and other services as outlined in our service agreement with you. These may include:
-Automations with No-Code
-Custom AI Assistants developed using No-Code
-Software development using No-Code
- Marketing and sales support

2.2. Service Delivery: We will provide the Services professionally and in accordance with industry standards. We may use subcontractors or third-party service providers to perform certain aspects of the Services, but we remain responsible for the delivery of all Services.

3. Client Responsibilities

3.1. You agree to provide us with the necessary information, access, and assistance required to perform the Services.

3.2. You are responsible for reviewing and testing any deliverables we provide and notifying us of any issues within the timeframe specified in our agreement.

4. Intellectual Property

4.1. Ownership of Deliverables: Upon full payment, you will own all right, title, and interest in and to any deliverables created specifically for you under our agreement, including all Intellectual Property Rights therein, except for any pre-existing or independently developed Contractor IP.

4.2. Contractor IP: We retain ownership of all pre-existing Intellectual Property Rights owned by us prior to our agreement, as well as any tools, techniques, methods, concepts, and know-how developed by us during the performance of the Services that are of general application and not specific to your business.

4.3. License: To the extent that any of our IP is incorporated into the deliverables, we grant you a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute such IP solely as part of the deliverables and for your internal business purposes.

5. Confidentiality

5.1. Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services.

5.2. This confidentiality obligation survives the termination of our agreement.

6. Payment

6.1. Fees: You agree to pay the fees as outlined in our service agreements. This may include a one time payment,  monthly retainer, monthly subscription, and/or a profit share arrangement.

6.2. Payment Terms: Payment terms are as specified in our service agreement. Typically, this includes a monthly recurring payment and, if applicable, a profit share payment based on revenue generated.

7. Term and Termination

7.1. These Terms will remain in effect for the duration of our service agreement.

7.2. Either party may terminate the agreement for cause upon written notice if the other party materially breaches the agreement and fails to cure such breach within the specified notice period.

7.3. After any initial term, either party may terminate the agreement without cause upon sixty (60) days' written notice.

8. Limitation of Liability

8.1. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

8.2. Our total liability arising out of or related to these Terms will not exceed the total amount paid by you for the Services in the twelve months preceding the event giving rise to the liability.

9. Indemnification

Each party agrees to indemnify and hold harmless the other party from and against any third-party claims arising out of or resulting from the indemnifying party's breach of these Terms, negligence, or willful misconduct.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Mexico. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Mexico.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes. Your continued use of the Services after such modifications will constitute your acceptance of the updated Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at:
The NC Factory
Email: contact@thencfactory.com

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

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