Terms of Service.
Last Updated: October 2023
Last Updated: October 2023
Welcome to MAGTASTIC INC. These Terms of Service ("Terms") govern your access to and use of our custom software development services, API integrations, and related platforms.
MAGTASTIC INC. provides highly customized software engineering services, including but not limited to the deployment of proprietary PostgreSQL databases, React-based client portals, and serverless workflow automation pipelines. The exact scope, timeline, and deliverables for each project will be defined in a separate mutually executed Statement of Work (SOW).
Upon final payment for an executed SOW, the Client receives a perpetual, non-exclusive, worldwide license to use the compiled software applications and deployed infrastructure. MAGTASTIC INC. retains the underlying rights to core functional code libraries and proprietary architectural templates used to construct the platform, preventing us from being locked out of our own internal toolsets.
Our engineering services are billed either on a fixed-bid milestone basis or via a monthly managed-services retainer. Invoices are due upon receipt. Failure to remit payment within 15 days may result in the suspension of serverless functions or dashboard access until the balance is cleared.
To the maximum extent permitted by applicable law, MAGTASTIC INC. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the deployed software; (b) any unauthorized access, use, or alteration of your transmissions or data.
For clients on active managed-services retainers, we provide a 99.9% uptime guarantee for the web applications and databases we host. Specific SLA credits and response time protocols are documented within the individual Client MSA.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Travis County, Texas.