This Software Agreement is between the Client and DalgaDev, which owns the Software. This Agreement states the terms and conditions that govern the contractual relationship between DalgaDev and the Buyer/Client/User.

Whereas the Client has conceptualized the Software, and DalgaDev is the contractor with whom the Client has entered into an agreement to develop the Software or to purchase lifetime or licensed software, the act of purchasing software or products confirms acceptance of all articles and conditions.

Now, therefore, in consideration of the mutual agreements and promises made by the parties (Developer and Client) with respect to this software purchase or development, DalgaDev and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

1. Agreement

1.1 Public Applications (Not Customized/Private Projects)

1.1.1 DalgaDev accepts no responsibility for any misuse of public applications by the Client.
1.1.2 Please review and purchase only the products you need carefully, as the purchased product will not be replaced or returned.
1.1.3 The Buyer has no right to assign or sell a license or product without prior coordination or obtaining a sales license. In such an event, DalgaDev reserves the right to take legal action and to block the Software and the associated license keys.
1.1.4 Updates are free of charge provided an active support/subscription plan is in place.

1.2 Custom Software Development Services

Custom Software Development includes software and, in general, applications that are not pre-prepared for sale by DalgaDev. The Buyer can purchase such software from DalgaDev by placing a specific development order.

1.2.1 DalgaDev accepts no responsibility for any misuse of the Custom Development Services by the Client.
1.2.2 Bug fixes are only applicable when the issue is directly related to the developed application or project. DalgaDev is not obligated to resolve problems related to or caused by the Client’s third-party services (e.g., web server downtime, insecure protocols, changes to API endpoints).
1.2.3 The Buyer of custom applications has no right to sell or publish the project without an agreement to transfer the Intellectual Property of the application. In such cases, legal action may be taken, and DalgaDev reserves the right to take any necessary measures. In addition, the source code will not be delivered by default; delivery of the source code will incur an additional fee to be agreed upon by the Client and DalgaDev.
1.2.4 DalgaDev, as the Developer, shall complete the development of the Software according to the milestones. The final product shall be delivered to the Client on the “Delivery Date” in accordance with the agreed milestones.
1.2.5 Except as expressly provided in this Agreement, the Developer shall not be obligated to provide any other support or assistance to the Client.
1.2.6 The Software shall function in accordance with the requested and agreed-upon specifications on the Delivery Date.
1.2.7 If the delivered Software does not conform to the Specifications, the Client shall notify the Developer in writing within 7 days of the Delivery Date, specifying how it does not conform. Upon receiving such notice, the Developer agrees to make reasonable efforts to resolve the discrepancies.
1.2.8 The Client shall provide written confirmation that the Software conforms to the Specifications within 7 days of the Delivery Date (the “Acceptance Date”), unless the Client identifies non-conformity as described above.

Subject to the terms and conditions of this Agreement, DalgaDev grants the Client a non-transferable license to install and use the Software during the applicable License Term for the Client’s own business purposes, in accordance with the applicable Scope of Use, the Documentation, and all applicable laws.

In both types of products, the Parties acknowledge and agree that DalgaDev will retain all intellectual property rights in the Software, including, but not limited to, copyright and trademark rights. The Client agrees not to claim any such ownership in the Software’s intellectual property at any time, either prior to or after the completion and delivery of the Software. Transfer of the copyright is possible only by a separate agreement. The Client and DalgaDev shall agree on the fee for transferring the copyright, and the Client must obtain a written contract regarding any such transfer. DalgaDev reserves the right not to sell the copyright if negotiations do not take place or if the proposed fee is not accepted.

Support Policy

2.1 Support does not include customization; it is limited to troubleshooting, system installation assistance, and providing necessary software guidance. Adding features, changing code, or making any modifications are not included.
2.2 The support period is as specified in the product description. The default duration for lifetime versions is 6 months.
2.3 After the expiration of the support plan, DalgaDev is under no obligation to support the Client, and the Client must renew support. However, if there is a problem with publicly released and sold applications, the Client should report the issue. If the issue is confirmed by our technical team, it will be resolved as part of a public update.
2.4 Proprietary projects (custom development software) will be delivered in a stable condition after testing by the technical team. If issues arise, the Buyer must cooperate with the support team in resolving the problem (which may include providing TeamViewer access or, in some cases, reinstalling the operating system such as Windows). In the event of non-cooperation, the support team reserves the right to cancel support.
2.5 The duration of project support depends on the contract. After the contract period expires, DalgaDev’s support team is not obligated to provide further support.
2.6 For publicly released/sold applications, if there is a problem, the Buyer must cooperate with the support team to resolve the issue promptly. Otherwise, DalgaDev reserves the right to revoke the support request.
2.7 In the event of software issues, the Buyer must comply with the support team’s instructions (which may include providing TeamViewer access, updating or downloading prerequisites, or, in some cases, reinstalling the operating system).
2.8 If the support team determines that the Buyer’s support request is unreasonable or invalid (e.g., requesting the installation of an operating system), the support team reserves the right to cease providing support and terminate the Buyer’s support arrangement.
2.9 For a period of 7 days after the final product delivery, the Developer shall provide the Client with prompt assistance to answer any questions or address any issues related to the operation of the Software. The Developer agrees to respond to any reasonable support request within 48 hours.
2.10 The Developer shall provide the Client with up to a cumulative 7 days of training on operating the Software, if requested by the Client, after the Delivery Date.
2.11 The Client is obligated to provide all necessary support and information to the technical support team. If the Client fails to provide the necessary information, DalgaDev reserves the right to terminate support.
2.12 All parties, including the Client and DalgaDev’s support agents, must maintain a respectful tone during communications. DalgaDev reserves the right to terminate support if this article is not respected by the Client.

Refund Policy

3.1 Refunds are only possible within 7 days of purchase and only if the Software has a major technical problem. Refunds are not available after this time period or if there are no significant problems.
3.1.1 The repurchase of a refunded item is not permitted in the future. Any attempt to do so will be automatically declined. In addition, the system and personal information will be restricted from further device activation as part of our standard procedure.
3.2 All existing software and products have been tested and have no major problems. Refunds will only be provided if the Software has a technical problem that cannot be resolved despite following support guidelines. (For store software, to obtain a refund, the Buyer must prove that the program has a problem using tools such as TeamViewer, screenshots, etc.)
3.3 For customization and dedicated software development orders, cancellation is not possible after 48 hours from the order; if the Client refuses the project within 48 hours, only 85% of the amount will be refunded.
3.4 The Client is solely responsible for ensuring that their systems meet the hardware, software, and any other applicable system requirements for the Software, as specified in the Documentation, including adequate internet speed. DalgaDev is not responsible for issues caused by non-compliance with these requirements.
3.5 A customized refund policy may be agreed upon for Custom Development Services. Any new refund policy must be signed or verified using DalgaDev’s authorized email.
3.6 Renewals and any subsequent purchases of a product (new license keys) are not eligible for a refund.

4. Change in Specifications

All articles and conditions may be amended. The Client may request reasonable changes to the Specifications and related tasks. If the Client requests such a change, the Developer will make best efforts to implement the change at no additional expense and without delaying the Software delivery. If the proposed change, at the Developer’s sole discretion, requires a delay in delivery or results in additional expenses, the Client and the Developer shall confer. The Client may either withdraw the proposed change or require the Developer to implement the change subject to the delay and/or additional expense. The Developer’s judgment regarding any delay or additional expense shall be final.

5. Confidentiality

The Developer shall not disclose to any third party any details of the Client’s business or the Software, including, without limitation, any information regarding the Software’s source code, the Specifications, or the Client’s business (“Confidential Information”). The Developer shall not make copies of any Confidential Information or any content derived from it for distribution unless expressly requested by the Client.

Developer Warranties

6.1 The Developer represents and warrants that the development and delivery of the Software under this Agreement do not violate any other agreement to which the Developer is a party.
6.2 The Software will not infringe upon the intellectual property rights of any third party.
6.3 For the agreed-upon support duration after the Delivery Date, the Software shall operate according to the Specifications. If the Software malfunctions or otherwise does not operate as specified within that period, the Developer shall take all reasonable steps to correct the issue and ensure compliance with the Specifications.

7. No Modification Unless in Writing

No modification of this Agreement shall be valid unless it is in writing and agreed upon by both Parties.

8. Restrictions

Except as otherwise expressly permitted in this Agreement, the Client will not:
(a) reproduce or modify any part of the Software;
(b) rent, lease, distribute, sell, transfer, or provide access to the Software to any third party;
(c) incorporate the Software into any product or service provided to a third party;
(d) reverse engineer, disassemble, decompile, or translate the source code, algorithms, or file formats of the Software, except as expressly permitted by applicable law;
(e) remove or obscure any proprietary or other notices contained in the Software.

Ordering the service or software confirms acceptance of the above articles and conditions.

 

Changes Made:

  • 03/24/2025: The agreement has been rephrased and improved for readability.
  • 03/24/2025: Clause 3.6 for renewal refunds policy.

  • 01/01/2024: Clause 3.1.1 has been added.

  • 20/12/2024: Clause 2.12 has been added.

  • 03/06/2021: Clarifications were made to the custom development services and public applications sections.