Business Terms & Conditions

1. Agreement Overview

These Terms and Conditions ("Agreement") govern your use of services provided by CAAQIT ("Company," "we," "us," or "our"). By engaging our services, you ("Client," "you," or "your") agree to be bound by these terms.

1.1 Scope of Services

• Custom AI solution development with fixed-price model
• Machine Learning model development and initial training
• Subscription-based software access and long-term rental
• Usage-based AI services (API calls, model inference)
• Digital transformation consulting
• Web development and cloud solutions
• Ongoing technical support and maintenance

2. Payment Terms

3.1 Payment Schedule

• Development Phase: Fixed price for custom AI solution development and initial ML model training
• Project Deposit: 75% upfront payment before project commencement
• Milestone Payments: As defined in project agreement for development phases
• Final Development Payment: Due upon project completion and delivery
• Subscription Services: Monthly payments based on usage (API calls, model usage) and support
• Long-term Software Rental: Subscription-based access to software solutions

3.2 Payment Methods

• Card payments via PayHere.lk
• Bank transfers (local and international)

3.3 Late Payments

• Grace Period: 5 business days after due date
• No Late Fees: We do not charge interest or late fees on overdue payments
• Service Suspension: Services may be suspended after 15 days overdue
• Account Blockage: Accounts will be blocked after 1 month of overdue payment
• Collection: Legal action may be taken for severely overdue accounts

3.4 Disputes

• Payment disputes must be raised within 30 days of invoice
• Undisputed portions of invoices remain payable
• We will work collaboratively to resolve billing disputes

3. Intellectual Property Rights

3.1 Custom AI Development

• Development Deliverables: Custom AI solutions become client's intangible assets upon completion and payment
• Service Delivery: Ongoing access provided via web-based subscription platform
• Usage Rights: Client receives perpetual usage rights to developed AI solution
• No Source Code: Source code is not provided; all solutions are accessed via web-based platform
• Subscription Access: Long-term software rental via subscription model
• No Physical Assets: All solutions are cloud-based digital services
• Third-Party Components: Subject to original licensing terms
• CAAQIT Frameworks: Core AI tools and frameworks remain our proprietary assets

3.2 Subscription Software Services

• Right of Use: Subscription provides right to use software, not ownership transfer
• Usage-Based Billing: Monthly charges based on API calls, model usage, and support level
• Continuous Updates: Software improvements and security updates included
• Data Processing: Client retains ownership of data processed through our AI models
• No Source Code Access: All software accessed through web interface; source code remains proprietary

3.3 Licensed Software

• Software licenses granted according to specific license agreements
• Client receives usage rights, not ownership
• Restrictions on modification, redistribution, or reverse engineering
• Source Code Restrictions: No access to source code under any circumstances

3.4 Confidential Information

• Both parties agree to maintain confidentiality of proprietary information
• Non-disclosure obligations survive contract termination
• Client data and business information kept strictly confidential

4. Warranties and Disclaimers

4.1 Service Warranties

• Professional Standards: Services performed with professional skill and care
• Functionality: Software will perform according to documented specifications
• Bug Fixes: 90-day warranty on defects in custom-developed software

4.2 Disclaimers

• Third-Party Services: No warranty for third-party integrations or services
• Performance: No guarantee of specific business outcomes or ROI
• Compatibility: Client responsible for adequate internet connectivity
• Web Service Access: Service availability subject to internet connectivity and browser compatibility

4.3 Limitation of Liability

Our liability is limited to the total amount paid by client for the specific service. We are not liable for:

• Indirect, consequential, or punitive damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption (client responsible for backups)
• Third-party claims or damages

5. Data Protection and Security

5.1 Data Handling

• Client data processed according to our Privacy Policy
• Industry-standard security measures implemented
• Regular security audits and updates
• Compliance with applicable data protection laws
• Web Service Security: We maintain security and backups for all web-based services

5.2 Client Responsibilities

• Ensure legal basis for data processing
• Provide accurate and complete data for service delivery
• Notify us of any specific data security requirements
• Comply with applicable privacy laws

6. Termination

6.1 Termination by Either Party

• 30-day written notice for ongoing services
• Immediate termination for material breach
• Payment obligations survive termination
• Confidentiality obligations continue indefinitely

6.2 Effect of Termination

• Client receives all work completed to termination date
• Final invoice for completed work and expenses
• Return or destruction of confidential information
• Transition assistance (if contracted)

7. Dispute Resolution

7.1 Resolution Process

1. Direct Discussion: Good faith effort to resolve informally
2. Mediation: Binding mediation if direct discussion fails
3. Arbitration: Final binding arbitration in Sri Lanka
4. Governing Law: Laws of Sri Lanka

7.2 Jurisdiction

• Disputes subject to jurisdiction of Sri Lankan courts
• Alternative dispute resolution preferred
• Legal proceedings in Colombo, Sri Lanka

8. General Provisions

8.1 Entire Agreement

These terms, together with project-specific agreements, constitute the entire agreement between parties.

8.2 Modifications

Changes to these terms must be in writing and signed by both parties.

8.3 Severability

If any provision is found invalid, the remainder of the agreement remains in effect.

8.4 Assignment

Neither party may assign this agreement without written consent of the other party.

9. Contact Information

10. Acknowledgment

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These terms are effective as of the date of your first service engagement with CAAQIT.