This Software contract is between the client and DalgaDev, which owns the Software. This Software contract states the terms and conditions that govern the contractual agreement between “DalgaDev” and “Buyer-Client-user.”
Whereas the Client has conceptualized (the “Software”) and the DalgaDev is a contractor with whom the Client has come to an agreement to develop the Software or purchase lifetime or license software. Purchasing software or products is a confirmation of all articles and conditions.
Now, therefore, in consideration of the mutual agreement and promises made by the parties (developer & client) to this Purchasing or Software Development, the 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.DalgaDev doesn’t accept any responsibility for misusing the public applications by the client.
1.1.2. Please pay attention and purchase the products you need Carefully because 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 any coordination or obtaining a sales license. In the case of occurrence, we have the right to deal with it legally, and in this case, the DalgaDev is allowed to block the Software and the associated license keys.
1.1.4 Updates are free of charge in case of an active support/subscription plan.
1.2 Custom software development services
Custom Software Development includes software and, in general, an application that is not prepared to be sold in the DalgaDev in advance. The buyer can purchase it from DalgaDev by ordering to develop it particularly.
1.2.1. DalgaDev doesn’t accept any responsibility for misusing the Custom Development Services by the client.
1.2.2. It is only possible to fix bugs when the problem is affiliated with our developed application/or project. DalgaDev is not obligated to solve problems related to and caused by the client’s third-party services – webservers downtime, insecure protocols, changing the endpoint of APIs, etc.
1.2.3. The buyer of the custom applications has no right to sell or publish the project without agreeing to transfer the Intellectual Property of the application. In the case of occurrence, will be prosecuted, and the DalgaDev has permission to take any action. Also, The source code won’t be delivered by default. The source will have a specific fee that should be agreed upon by the client and DalgaDev.
1.2.4. The DalgaDev as Developer shall complete the development of the Software according to the milestones. The final product shall be delivered to the Client by (the “Delivery Date”) in accordance with such milestones.
1.2.5. Except as expressly provided in this Software Development Agreement, the Developer shall not be obligated under this Agreement to provide any other support or assistance to the Client
1.2.6. The Software shall function in accordance with the requested and agreed specifications on the Delivery Date.
1.2.7. If the Software as delivered do not conform with the Specifications, the Client shall, within 7 days of the Delivery Date, notify the Developer in writing how it does not conform with the Specifications. The Developer agrees that upon receiving such notice, it shall make reasonable efforts to solve any inconsistencies.
1.2.8. The Client shall provide to the Developer written notice of its finding that the Software conforms to the Specifications within 7 days of the Delivery Date (the “Acceptance Date”) unless it finds that the Software does not conform to the Specifications as described
Subject to the terms and conditions of this Agreement, DalgaDev grants you a non-transferable license to install and use the Software during the applicable License Term for your own business purposes. In accordance with this Agreement, your applicable Scope of Use, the Documentation, and all Laws.
In both kinds of products, The Parties acknowledge and agree that the Developer/DalgaDev will hold 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 prior to or after the completion and delivery of the Software to the Client. Transferring the copyright is possible only by a different agreement. The Client and DalgaDev should agree on the fee for transferring the copyright. The Client should get a written contract regarding transferring the copyright. DalgaDev has the right not to sell the copyright if the negotiation has not happened or the suggested fee for copyright transfer is not accepted.
- Support policy
2.1. Support does not include customization; support is only for troubleshooting, installing the program on the system, and providing the necessary software guidance. Adding the feature, changing the codes, or any kind of changes are not included in the support.
2.2. Support period is the time written or agreed upon in the product description. The default duration for lifetime versions is 6 months.
2.3. After the expiration of the support plans, there is no responsibility to support the client, and the client must renew the support. However, in the case of having a problem with the publicly released and sold applications, the client should report the problem, and if the report gets confirmed by our technical team, the problem will be solved as a public update.
2.4. Proprietary projects (custom development software) will be delivered in the most stable condition after being tested by the technical team. However, if there is a problem, the buyer should cooperate with the support team to solve the problem (including providing the Team Viewer and sometimes even reinstalling the operating system such as Windows). In case of non-cooperation, the support team has the right to cancel any support and terminate the support.
2.5. The duration of project support depends on the contract which is concluded. After the expiration of the contract time, the support team of DalgaDev has no obligation to support the client.
2.6. For publicly released/sold applications, If there is a problem, the esteemed buyer should cooperate with the support team to solve the problem as soon as possible. Otherwise, DalgaDev has the right to revoke the buyer’s request to support.
2.7. As mentioned in the previous article, in case of having problems with the software, the esteemed buyer requires to implement statements of the backup team (including providing the Team Viewer, updating or downloading prerequisites, and even in some cases reinstalling the operating system)
2.8. If the support team notices that the subject of the buyer’s support is unreasonable and invalid (e.g. requesting to install an Operating system) the support team has the right to stop providing support and cancel the buyer’s support.
2.9. For a period of 7 after delivery of the final product, the Developer shall provide the Client attention to answer any questions or assist in solving any problems with regard to the operation of the Software. The Developer agrees to respond to any reasonable request for assistance made by the Client regarding the Software within 48 hours of the request.
2.10. The Developer shall provide to the Client after the Delivery Date a cumulative 7 days of training with respect to the operation of the Software if requested by the Client.
2.11. The client is obliged to provide all the necessary support for the technical support team. If the client refuses to provide the necessary information, DalgaDev has the right to terminate support.
2.12. All parties including the client & DalgaDev support agents should be deferential in the conversation. DalgaDev reserves the right to terminate the customer’s support, in case of not respecting this article by the client.
- Refund Policy
3.1. Refund of the orders is only possible within 7 days after purchasing also only if it has major technical problems. It is not possible to refund under any circumstances after this time period or without having problems.
3.1.1. The repurchase of the refunded item will not be possible in the future and any attempt will be declined automatically. Additionally, 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, but will be refunded if the Software has a technical problem and the support guidelines do not work and also the problem doesn’t get resolved (Only store software, to return the money, the buyer must prove that the program has a problem, by team viewer, screenshots, etc.)
3.3. For customization and dedicated software development orders, It is not possible to cancel the order after 48 hours of ordering; if the user refuses the project within 48 hours, only 85% of the amount will be refunded.
3.4. You are solely responsible for ensuring that your systems meet the hardware, software, and any other applicable system requirements for the Software as specified in the Documentation and also the speed of your internet. DalgaDev will have no obligations or responsibility under this Agreement for issues caused by the above-mentioned issues refund.
3.5. Customized refund policy can be agreed upon for Custom Development Services. The new refund policy -in case of getting agreed upon by both sides- should be signed or verified using DalgaDev’s authorized email.
4.Change in specifications
All articles and conditions can be changed. The Client may request that reasonable changes be made to the Specifications and tasks associated with the implementation of the Specifications. If the Client requests such a change, the Developer will use its best efforts to implement the requested change at no additional expense to the Client and without delaying delivery of the Software. In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Software or would result in additional expense to the Client, then the Client and the Developer shall confer. The Client may either withdraw the proposed change or require the Developer to deliver the Software with the proposed change and subject to the delay and/or additional expense. The Client agrees and acknowledges that the judgment as to if there will be any delay or additional expense shall be made solely by the Developer.
5.Confidentiality
The Developer shall not disclose to any third party the business of the Client details regarding the software, including, without limitation, any information regarding the Software’s source code, the Specifications, or the Client’s business (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for distribution unless requested to do so by the Client.
- Developer warranties
The Developer represents and warrants to the Client the following:
6.1. Development and delivery of the Software under this Agreement are not in violation of any other agreement that the Developer has with another party.
6.2. The Software will not violate the intellectual property rights of any other party.
6.3. For a period of agreed support duration after the Delivery Date, the Software shall operate according to the Specifications. If the Software malfunctions or in any way does not operate according to the Specifications within that time, then the Developer shall take any reasonably necessary steps to fix the issue and ensure the Software operates according to the Specifications.
7.No modification unless in writing
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
8. Restrictions
Except as otherwise expressly permitted in this Agreement, you will not: (a) reproduce, modify any part of the Software; (b) rent, lease, distribute, sell, transfer, or provide access to the Software to a third party; (c) incorporate the Software into a product or service you provide to a third party; (f) reverse engineer, disassemble, decompile, translate the source code, algorithms, file formats to the Software, except to the extent expressly permitted by applicable law ; (g) remove or obscure any proprietary or other notices contained in the Software;
Ordering the service or software is a confirmation of the above articles and conditions.
** Changes made 2024/01/01 on the agreement:
- (3.1.1) has been added
** Changes made on 2021/12/20 on the agreement:
- (2.12) has been added
** Changes made on 2021/06/03 on the agreement:
- We clarified custom development services and public applications statements.
