Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Nabel Smart ("Company," "we," "our," or "us") regarding your use of our website, services, and any related applications or platforms (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

Nabel Smart provides enterprise software development services, including but not limited to:

• Custom software development and engineering
• Web and mobile application development
• AI and machine learning solutions
• Cloud integration and infrastructure services
• Technology consulting and strategy
• Software maintenance and support

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

3. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the operation of our Services
• Use our Services for any illegal or unauthorized purpose
• Reverse engineer, decompile, or attempt to extract source code
• Distribute malware, viruses, or other harmful code
• Engage in any activity that could damage our reputation or business

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and design, are owned by Nabel Smart and are protected by copyright, trademark, and other intellectual property laws.

5.2 Client Intellectual Property

We respect your intellectual property rights. Any proprietary information, data, or materials you provide to us remain your property, subject to the license granted to us to perform our Services.

5.3 Work Product

Ownership of custom software, applications, and other deliverables created specifically for you will be governed by separate written agreements. General methodologies, know-how, and improvements to our existing tools remain our property.

6. Payment Terms

Payment terms for our Services will be specified in separate project agreements or statements of work. Unless otherwise agreed:

• Invoices are due within 30 days of receipt
• Late payments may incur interest charges
• We reserve the right to suspend services for overdue accounts
• All fees are non-refundable unless otherwise specified
• You are responsible for all applicable taxes

7. Confidentiality

We understand the importance of protecting confidential information. Both parties agree to:

• Maintain the confidentiality of proprietary information
• Use confidential information solely for the purpose of providing/receiving Services
• Implement reasonable security measures to protect confidential data
• Return or destroy confidential information upon request

Detailed confidentiality terms will be specified in separate non-disclosure agreements as appropriate.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that our Services will be performed in a professional and workmanlike manner in accordance with industry standards. We will use commercially reasonable efforts to correct any material non-conformance with specifications.

8.2 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NABEL SMART BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nabel Smart and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services in violation of these Terms
• Your violation of any applicable laws or third-party rights
• Any content or data you provide to us
• Your negligent or wrongful conduct

11. Termination

Either party may terminate these Terms or any specific project agreement with written notice. Upon termination:

• All rights and licenses granted hereunder will cease
• You must pay all outstanding fees for services rendered
• We will return or destroy your confidential information
• Provisions that by their nature should survive will remain in effect

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

12.2 Dispute Resolution Process

Any disputes arising out of or relating to these Terms shall be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any separate project agreements, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications and proposals.

14.2 Modifications

We may update these Terms from time to time. Material changes will be communicated through our website or direct notification. Continued use of our Services after changes constitutes acceptance of the updated Terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15. Contact Information

If you have questions about these Terms or need to contact us regarding legal matters, please reach out: