Terms of Service
Last Updated: January 2025
By accessing or using the services of Evolution Software Services, LLC ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
Services
We provide custom software development, web and mobile application development, cloud services, API integration, quality assurance, and IT consulting services. The specific scope of services will be defined in a separate Statement of Work or project agreement.
Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information for your project
- Respond to requests for information in a timely manner
- Provide necessary access to systems, accounts, and resources
- Review and approve deliverables within agreed timeframes
- Make timely payments according to the agreed payment schedule
- Comply with all applicable laws and regulations
Payment Terms
Payment terms will be specified in your project agreement. Generally, we require a deposit before work begins, with the remainder due upon completion or according to milestone-based payments. Late payments may incur interest charges and may result in suspension of services.
Intellectual Property
Client-Owned IP: Upon full payment, you will own the custom code and deliverables created specifically for your project, excluding any pre-existing materials, third-party components, or our proprietary tools and frameworks.
Company-Owned IP: We retain ownership of our pre-existing intellectual property, including but not limited to our methodologies, tools, frameworks, and any general knowledge or techniques used in providing services.
Third-Party Components: Projects may include third-party open-source or commercial components, which are subject to their respective licenses. You are responsible for complying with these licenses.
Warranties and Disclaimers
We warrant that our services will be performed in a professional and workmanlike manner. However, we do not guarantee that our services will be error-free or uninterrupted. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Confidentiality
We will maintain the confidentiality of your proprietary information and will not disclose it to third parties without your consent, except as required by law or as necessary to provide our services.
Termination
Either party may terminate a project agreement with written notice. Upon termination, you will pay for all work completed up to the termination date. We may terminate immediately if you breach these terms or fail to make timely payments.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Jacksonville, Florida.
Contact Information
For questions about these Terms of Service, please contact us:
Email: info@evolutionsoftwareservicesllc.com
Phone: (850) 655-1319
Address: 1056 Morning Stroll Ln, Jacksonville, FL 32221