Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the website at cinderbitdataworks.com (the "Site") and any services we provide (collectively, the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or Services.

Use License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Site for lawful purposes only. You agree not to:

• Reproduce, modify, distribute, or transmit any content from the Site without our written permission
• Use the Site for any commercial purpose or on behalf of any third party without our permission
• Attempt to gain unauthorized access to the Site or its systems
• Transmit viruses, malware, or any code designed to disrupt or damage the Site
• Engage in any form of harassment, abuse, or threatening behavior
• Use automated scripts or bots to scrape or collect information from the Site

Engagement Services

If you engage us to provide data engineering, analytics, or automation services ("Engagement Services"), the following terms apply:

• Scope: The scope of services will be defined in a separate engagement agreement. Any work outside the agreed scope is subject to additional fees.
• Timeline: Timelines provided are estimates based on the information available at the time of proposal. Actual timelines may vary based on scope changes, data complexity, or your team's availability.
• Deliverables: Deliverables will be specified in your engagement agreement. We are responsible for delivering them according to the agreed specifications.
• Your Responsibilities: You are responsible for providing timely access to systems, data, and stakeholders. Delays in your support may extend project timelines.

Intellectual Property

Your Data: You retain all rights to your data. We do not claim ownership of any data you provide us during engagement. We access your data only to perform the agreed services and will keep it confidential.

Our Work: The deliverables, documentation, and solutions created during an Engagement are owned by you. You have the right to use, modify, and maintain them after the engagement ends.

Pre-Existing IP: We retain ownership of any pre-existing intellectual property, methodologies, tools, or frameworks we bring to the engagement. You receive a license to use these in the context of your engagement, but may not resell or redistribute them.

Acceptable Use Policy

You agree not to use our Services for:

• Any illegal activities or in violation of any laws or regulations
• Discriminatory, abusive, or hateful purposes
• Deceptive or fraudulent practices
• Harassment or threatening of any individuals or organizations
• Creating systems that would cause harm or damage

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or Services.
• Our total liability for any claim arising from the Site or Services shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.
• Some jurisdictions do not allow limitations on liability, so this limitation may not apply to you.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Indemnification

You agree to indemnify, defend, and hold harmless Cinder Orbit Dataworks and its officers, directors, employees, and agents from any claims, damages, or costs (including reasonable attorneys' fees) arising from your use of the Site or Services, your violation of these Terms, or your infringement of any third-party rights.

Termination

We may terminate your access to the Site or Services at any time, with or without cause, by providing written notice. Upon termination, your right to use the Site or Services ceases immediately. Sections of these Terms that by their nature should survive termination will continue to apply.

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted to the Site. Your continued use of the Site or Services following the posting of changes constitutes your acceptance of the modified Terms.

Modifications to Services

We reserve the right to modify or discontinue the Site or Services (or any part thereof) at any time, with or without notice. We are not liable for any modification, suspension, or discontinuance of the Site or Services.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with applicable law, without regard to its conflict of laws provisions. Any legal action or proceeding arising from these Terms shall be resolved through negotiation, mediation, or if necessary, through the appropriate legal channels.

Dispute Resolution

In the event of any dispute arising from these Terms, the Site, or the Services:

• We encourage you to contact us first to attempt an amicable resolution.
• If informal resolution is unsuccessful, you and we may pursue resolution through mediation or arbitration.
• This process may be faster and more cost-effective than litigation.

Entire Agreement

These Terms, together with our Privacy Policy and any engagement agreements, constitute the entire agreement between you and us regarding the Site and Services and supersede all prior and contemporaneous agreements, understandings, and representations.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue to apply.

Contact Us

If you have questions about these Terms of Service, please contact us at: