Agreement and scope
These Terms of Service govern your access to this website and all design, engineering, systems, deployment, consulting, automation, and AI-related services provided by Pure Systems (“Pure Systems,” “we,” “us,” or “our”). By using the website, accepting a proposal, paying an invoice, or instructing us to begin work, you agree to these Terms.
A signed proposal, statement of work, quotation, order form, or other written project agreement (“Project Agreement”) forms part of these Terms. If there is a conflict, the Project Agreement controls for that project.
Services and estimates
We provide custom professional services. Unless expressly stated as fixed, timelines, budgets, technical approaches, and estimates are good-faith projections based on information available at the time and may change when requirements, assumptions, dependencies, or third-party conditions change.
We may use employees, contractors, specialist partners, software tools, cloud services, and AI-assisted workflows to perform the services while remaining responsible for our agreed deliverables.
Fees, deposits, and taxes
- Fees, payment stages, currency, and included deliverables are stated in the applicable Project Agreement.
- Deposits and reservation fees secure production capacity and are non-refundable to the maximum extent permitted by applicable law, except where the Project Agreement expressly states otherwise.
- Invoices are due by the stated due date. We may pause work, withhold deliverables, access, credentials, deployment, or intellectual-property transfer while any amount is overdue.
- Late balances may accrue reasonable collection costs and interest at the lower of 1.5% per month or the maximum lawful rate.
- Client is responsible for applicable taxes, bank charges, currency conversion, licenses, hosting, domains, APIs, stock assets, fonts, and other third-party costs unless expressly included.
Client responsibilities
You must provide timely, accurate, and complete content, decisions, access, credentials, legal approvals, feedback, and a single authorized decision-maker. You represent that materials and instructions you provide may lawfully be used by us.
Delays, rework, security incidents, or additional costs caused by missing information, changed instructions, unavailable systems, client personnel, or third parties are not our responsibility and may require revised fees and schedules.
Scope changes and revisions
Only work expressly listed in the Project Agreement is included. New features, changed requirements, additional formats, extra meetings, migration complexity, repeated revisions, or work arising from undisclosed conditions are out of scope.
We may require written approval of a change order, revised estimate, or additional invoice before performing out-of-scope work. Silence, informal discussion, or partial implementation does not waive our right to charge for additional work.
Schedule and dependencies
Milestones depend on timely client cooperation and third-party availability. If client feedback or materials are late, dates automatically move by at least the length of the delay and may move further based on our production schedule.
If a project is inactive for 30 days because of the client, we may archive it, invoice completed and reserved work, require a restart fee, and reschedule the remaining work subject to availability.
Review and acceptance
You must review deliverables promptly. Unless a Project Agreement specifies another period, a deliverable is deemed accepted five business days after delivery if you do not provide a written list of material nonconformities against the agreed specifications.
Subjective preferences, new ideas, third-party changes, or requests outside agreed specifications are not defects. Use, publication, deployment, approval, or payment of a milestone also constitutes acceptance.
Intellectual property
Until all amounts for the project are paid in full, all deliverables and intellectual-property rights remain with Pure Systems and may not be used, published, deployed, copied, or transferred except for internal review.
After full payment, you receive the ownership or license expressly described in the Project Agreement. Pure Systems retains ownership of pre-existing materials, methods, know-how, reusable code, frameworks, libraries, tools, prompts, processes, generic components, and improvements. We grant only the license reasonably necessary to use the final paid deliverable.
Third-party materials remain subject to their own licenses. Editable source files, working files, unused concepts, research, internal documentation, and development tooling are excluded unless expressly listed as deliverables.
Portfolio and attribution
Unless a written confidentiality agreement or Project Agreement states otherwise, we may identify you as a client and display non-confidential project names, descriptions, screenshots, outcomes, and final deliverables in our portfolio, proposals, awards, social channels, and marketing after public launch.
AI-related services
AI systems may produce inaccurate, incomplete, biased, non-unique, or legally uncertain outputs. You are responsible for human review and for determining whether outputs are suitable for your intended use, including regulated, safety-critical, employment, financial, medical, or legal decisions.
We do not guarantee model availability, permanence, accuracy, intellectual-property clearance, or identical future output. Provider policies, pricing, model behavior, and availability may change without our control.
Hosting, security, and third parties
No website, server, cloud service, or security system is completely secure or uninterrupted. Unless ongoing maintenance is purchased, you are responsible after handover for backups, updates, credentials, monitoring, compliance, incident response, renewals, and third-party accounts.
We are not liable for outages, breaches, data loss, policy changes, suspension, price increases, or failures caused by hosting providers, registrars, payment processors, APIs, open-source packages, AI providers, client systems, or other third parties.
Limited warranty
For 14 calendar days after acceptance or production launch, whichever occurs first, we will use commercially reasonable efforts to correct reproducible material defects that cause our original deliverable to fail the expressly agreed specifications. This is the exclusive warranty unless a Project Agreement states otherwise.
The warranty excludes changed requirements, content errors, misuse, unsupported environments, third-party updates, client or third-party modifications, security attacks, and matters that could not reasonably have been discovered during testing. All other warranties are disclaimed to the maximum extent permitted by law.
Suspension and termination
We may suspend or terminate services for overdue payment, abusive or unlawful conduct, security risk, material breach, non-cooperation, or instructions that create legal, ethical, or reputational risk.
Either party may terminate as allowed by the Project Agreement. On termination, all earned fees, completed work, committed capacity, non-cancellable costs, and termination charges become immediately due. Refunds, if any, are governed by the Refund Policy.
Indemnity
You will defend, indemnify, and hold Pure Systems and our personnel harmless from claims, losses, penalties, and reasonable costs arising from client-provided materials, unlawful instructions, your products or business practices, your breach of these Terms, or your use or modification of deliverables, except to the extent caused by our intentional misconduct or gross negligence.
Limitation of liability
To the maximum extent permitted by law, Pure Systems will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, or for lost profits, revenue, business, opportunity, goodwill, data, or anticipated savings.
Our total aggregate liability relating to a project will not exceed the fees actually paid to Pure Systems for the specific affected Project Agreement. These limits apply regardless of the legal theory and even if a remedy fails of its essential purpose. Nothing excludes liability that cannot lawfully be excluded.
Confidentiality
Each party will use reasonable care to protect non-public information clearly identified as confidential or that should reasonably be understood as confidential. Confidentiality does not cover information already known without restriction, independently developed, lawfully received from another source, publicly available without breach, or required to be disclosed by law.
General terms
Neither party is liable for delay caused by events beyond reasonable control. You may not assign a Project Agreement without our written consent. If any provision is unenforceable, it will be adjusted to the minimum extent necessary and the remainder remains effective. Failure to enforce a provision is not a waiver.
The applicable Project Agreement may identify the governing law, dispute forum, and language that control that engagement. If it does not, the laws and courts of the place where Pure Systems principally operates will apply, without regard to conflict-of-law rules. Before starting formal proceedings, each party must make a good-faith attempt to resolve the dispute through written notice and reasonable business discussions. Mandatory consumer-protection and jurisdiction rights that cannot lawfully be waived remain unaffected.
We may update these website Terms prospectively. Project Agreements already accepted remain governed by the version applicable when accepted unless otherwise agreed in writing.
Contact
Questions about these Terms may be sent to puresystems@proton.me.