Terms of Service

Last updated: October 11, 2024

Introduction

Welcome to CGSpark. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Acceptance of Terms

By accessing and using CGSpark's services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

Description of Services

CGSpark provides software development and technology consulting services, including but not limited to:

  • Mobile application development
  • Web application development
  • System integration services
  • Technology consulting
  • Custom software solutions

The specific scope of services will be detailed in individual service agreements or statements of work executed between CGSpark and the client.

User Obligations

When using our services, you agree to:

  • Provide accurate and complete information when submitting forms or communicating with us
  • Use our services only for lawful purposes and in accordance with these Terms
  • Not engage in any activity that could harm, disable, or impair our services
  • Not attempt to gain unauthorized access to any part of our services or systems
  • Respect intellectual property rights of CGSpark and third parties
  • Comply with all applicable laws and regulations

Intellectual Property Rights

Unless otherwise specified in a written agreement:

  • Our Content: All content, features, and functionality on our website, including text, graphics, logos, and software, are owned by CGSpark and protected by copyright, trademark, and other intellectual property laws
  • Client Projects: Intellectual property rights for custom development projects will be specified in individual service agreements
  • License: We grant you a limited, non-exclusive, non-transferable license to access and use our website for its intended purpose
  • Restrictions: You may not reproduce, distribute, modify, or create derivative works from our content without express written permission

Service Agreements

Specific projects and services will be governed by individual service agreements or statements of work that detail project scope, deliverables, timelines, payment terms, and other relevant conditions. In case of any conflict between these Terms and a specific service agreement, the service agreement will prevail.

Payment Terms

Payment terms for our services will be specified in individual service agreements. General payment conditions include:

  • Payment schedules and milestones will be outlined in service agreements
  • All fees are quoted in the currency specified in the service agreement
  • Late payments may incur additional charges as specified in the agreement
  • We reserve the right to suspend services for non-payment
  • All fees are non-refundable unless otherwise stated in the service agreement

Confidentiality

We understand the importance of confidentiality in business relationships:

  • We will maintain the confidentiality of any proprietary or sensitive information shared with us during the course of our engagement
  • Confidential information will not be disclosed to third parties without your consent, except as required by law
  • Specific confidentiality obligations may be detailed in non-disclosure agreements (NDAs) or service agreements
  • We implement appropriate security measures to protect confidential information

Warranties and Disclaimers

Our Warranty: We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.

Disclaimer: Except as expressly stated in a service agreement, our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness
  • Warranties that services will be uninterrupted or error-free

Limitation of Liability

To the maximum extent permitted by law:

  • CGSpark shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability for any claim arising out of or relating to our services shall not exceed the amount paid by you for the specific service giving rise to the claim
  • These limitations apply regardless of the legal theory on which the claim is based
  • Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you

Indemnification

You agree to indemnify, defend, and hold harmless CGSpark, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your violation of any rights of another party.

Termination

We reserve the right to:

  • Terminate or suspend your access to our services at any time, with or without cause
  • Refuse service to anyone for any reason at any time
  • Terminate service agreements according to the terms specified in those agreements

Upon termination, your right to use our services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, and limitations of liability.

Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our services:

  • The parties agree to first attempt to resolve the dispute through good faith negotiations
  • If negotiations fail, the parties may pursue mediation before resorting to litigation
  • Any legal action shall be brought in the courts located in Tel Aviv, Israel
  • These Terms shall be governed by and construed in accordance with the laws of Israel

Force Majeure

CGSpark shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and CGSpark regarding the use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

Cognitive Spark (CGSpark)

Email: contactus@cgspark.com

Phone: (+972) 54-652-2627

Location: Tel Aviv-Yafo, Israel