Terms of Service

1. Agreement to Terms

By engaging Vivy ("Company", "we", "us", or "our") for software development services, you ("Client", "you", or "your") agree to be bound by these Terms of Service. These terms govern the relationship between Vivy and the Client for all software development engagements.

2. Services

Vivy provides custom software development services including but not limited to web development, mobile application development, cloud solutions, AI integration, UI/UX design, and consulting. The specific scope, deliverables, timeline, and pricing for each engagement will be detailed in a separate Statement of Work (SOW) or project proposal.

3. Project Proposals & Acceptance

All projects begin with a detailed proposal outlining scope, deliverables, timeline, and costs. A project is considered accepted when the Client signs the proposal and submits the initial payment. Changes to the project scope after acceptance may result in adjusted timelines and costs, which will be documented in a change order.

4. Payment Terms

Payment is structured in milestones as outlined in the project proposal. Typically: 30% upon project kickoff, 40% at project midpoint, and 30% upon final delivery. Invoices are due within 14 days of issuance. Late payments may incur a fee of 1.5% per month on the outstanding balance.

5. Intellectual Property

Upon full payment, all custom code, designs, and deliverables created specifically for the Client's project are transferred to the Client. Vivy retains the right to use general-purpose tools, libraries, and frameworks developed independently. Pre-existing intellectual property of either party remains the property of its respective owner.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. This includes but is not limited to business plans, technical specifications, user data, and financial information. A separate NDA may be executed upon request.

7. Warranties & Liability

Vivy warrants that all work will be performed in a professional and workmanlike manner. We provide a warranty period (as specified in the project proposal) during which we will fix bugs at no additional cost. Our total liability shall not exceed the total fees paid by the Client for the specific project in question.

8. Termination

Either party may terminate the engagement with 14 days written notice. Upon termination, the Client is responsible for payment for all work completed up to the termination date. Vivy will deliver all completed work and source code upon receipt of outstanding payments.

9. Revisions & Change Requests

Each project includes a specified number of revision rounds as detailed in the proposal. Additional revisions or scope changes beyond the agreed-upon terms will be billed at our standard hourly rate or via a separate change order.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States. Any disputes arising from these terms will be resolved through binding arbitration in San Francisco, California.

Questions about our terms? Contact us at legal@vivy.dev