1. Acceptance of the terms
By accessing and using the website tekysoft.com (hereinafter, "the Site"), operated by Tekysoft LLC(hereinafter, "we", "us" or "Tekysoft"), you accept these Terms & Conditions of Use. If you do not agree, please do not use the Site.
These terms apply to all visitors, users and clients of the Site.
2. Services
The Site describes the services that Tekysoft offers from Oklahoma City, Oklahoma, serving clients throughout the United States remotely: websites, Google Business Profile and SEO, n8n automations, and monthly maintenance for each of them.
Information about services, prices, timelines and availability is provided in good faith but may change without prior notice. A formal service relationship is established solely through a separate agreement (signed proposal, contract, or express confirmation by our team).
3. Acceptable use
By using the Site you agree NOT to:
- Use it for illegal or unauthorized purposes.
- Attempt to gain unauthorized access to restricted parts of the Site or related systems.
- Interfere with its operation (attacks, mass scraping, overload).
- Impersonate another person or entity.
- Upload false, defamatory, offensive content or content that infringes third-party rights.
- Use the Site's content for commercial purposes without our written consent.
4. Intellectual property
All content on the Site (text, images, logos, video, code, design) is the property of Tekysoft LLC or its licensors, and is protected by United States and international intellectual property laws.
You may view and download content solely for personal, non-commercial use. You may not reproduce, modify, distribute, transmit or commercially exploit the content without our prior written consent.
The trademarks, logos and service names displayed are the property of their respective owners.
5. Initial consultations and rescheduling
Initial consultations (45-minute diagnostic calls) are free and with no commitment. You may schedule them through the Site at /agendar.
Rescheduling policy: you may reschedule or cancel your call up to 24 hours before the confirmed time, with no penalty.
6. Payments and billing
Payments are processed through Stripe, a secure PCI-DSS Level 1 provider. Tekysoft does not store credit card information on its servers.
50/50 payment for development services: the Client pays fifty percent (50%) of the total value of the service at the time of signing the service contract, as a condition for Tekysoft to begin development. The remaining fifty percent (50%) is paid upon delivery of the production preview, before deployment to the Client's domain. Tekysoft does not begin work without the first 50% received, nor deploy to production without the second 50% received.
Invoices are issued in United States dollars (USD) and are payable upon issuance, unless expressly agreed otherwise.
7. Client onboarding
The Client has thirty (30) calendar days from the signing of the contract to complete onboarding (discovery form, initial call transcript, brand kit validation and validation of the sitemap proposed by Tekysoft).
If 30 days elapse without completing onboarding due to a cause attributable to the Client, Tekysoft may pause the project with no obligation to refund the first 50% paid. The project is reactivated when the Client completes onboarding, subject to the studio's current load of simultaneous projects.
Delivery timelines are estimates subject to the timely delivery of assets by the Client (logos in vector format, professional photos, approved copy, service-specific content) and to the load of simultaneous projects. Delays in the delivery of assets by the Client extend the timelines in the same proportion.
8. Monthly maintenance
The monthly maintenance service (websites, Google Business Profile, automations) is sold exclusively through an automatic Stripe subscription. Tekysoft does not bill maintenance manually.
The first subscription charge occurs when the service is activated (typically the day after deployment to production). Subsequent charges are monthly on the same calendar date.
Cancellation: the Client may cancel the maintenance subscription at any time, from their Stripe portal or by requesting it in writing to hola@tekysoft.com. Cancellation takes effect at the end of the current billing period. No pro-rated refunds are made for partial months.
Tekysoft may discontinue a maintenance service for non-payment, notifying the Client in writing at least 5 calendar days in advance.
9. Warranties, disclaimers and service limitations
To the maximum extent permitted by applicable law, Tekysoft's services are provided subject to the following explicit warranties and limitations:
No SEO ranking guarantee: Tekysoft does not guarantee specific positions on Google or other search engines. Rankings depend on multiple factors outside Tekysoft's control (Google algorithms, local competition, quality of the content provided by the Client, domain age, inbound link authority, algorithmic events, among others). Tekysoft implements technical SEO in accordance with current best practices, with no commitment to specific results.
No guarantee of commercial results: Tekysoft does not guarantee a specific volume of leads, calls, conversions, sales, or other commercial metrics derived from the use of the site, Google Business Profile, automations or any other deliverable. Commercial results depend on factors outside Tekysoft's control (market, competition, offer, price, the Client's attention to the inquiries received, among others).
No guarantee of uninterrupted availability: Tekysoft hosts sites with third-party providers (Hostinger, VPS) with their own SLA. Tekysoft does not guarantee 100% availability of the Client's site. Scheduled maintenance, hosting provider failures, DDoS attacks and other force majeure causes are outside Tekysoft's control.
No guarantee of future compatibility: deliverables are built against specific versions of frameworks and dependencies current at the time of delivery. Future updates to browsers, operating systems, third-party APIs or frameworks may require additional maintenance, which is charged separately unless the Client has a current monthly maintenance service.
10. Digital properties and ownership transfer
During development and while the maintenance service is active, Tekysoft maintains primary Owner status of the Client's digital properties hosted on Google platforms (Google Analytics 4, Search Console, Google Business Profile, Tag Manager). The Client is secondary Owner from day one and retains full access to their data.
In the event of service cancellation or express request by the Client, Tekysoft transfers the primary Owner role to the Client within a maximum period of seven (7) calendar days from the written request. This clause guarantees the Client effective ownership of their analytics data and digital identity.
11. Limitation of liability
To the maximum extent permitted by applicable law:
- The Site is provided "as is" and "as available". Tekysoft does not warrant that it will be free of errors, interruptions or defects.
- Tekysoft is not liable for indirect, incidental, special or consequential damages arising from the use or inability to use the Site or the services.
- Tekysoft's total aggregate liability, in any case, shall not exceed the amount paid by the Client for services in the twelve (12) months prior to the event giving rise to the claim.
12. Indemnification
The Client agrees to indemnify and hold harmless Tekysoft, its employees, contractors and affiliates, from any claim, damage or expense (including reasonable legal fees) arising from:
- The Client's use of the Site or services.
- The Client's breach of these terms.
- Content provided by the Client that infringes third-party rights (unlicensed images, copied text, false testimonials, trademarks of others, etc.).
- Third-party claims for misleading advertising, false testimonials or incorrect information provided by the Client that Tekysoft published on the site at the Client's instruction.
13. Third-party links
The Site may contain links to third-party websites (providers that Tekysoft uses such as Stripe, Cal.com, Resend, Hostinger, etc.). Tekysoft does not control their content nor is it responsible for their privacy practices or terms. Visiting them is at the user's own risk.
14. Mediation prior to litigation
Before initiating any legal action, the parties agree to attempt to resolve disputes in good faith through non-binding mediation, for a minimum period of thirty (30) calendar days from the written notice of the dispute. This mediation does not preclude urgent injunctive measures or actions to protect intellectual property rights.
If 30 days elapse without agreement, either party may initiate legal action in accordance with the following section.
15. Governing law and jurisdiction
These terms are governed by the laws of the State of Oklahoma, United States, without regard to its conflict-of-laws principles.
Any dispute that could not be resolved through prior mediation (section 14) shall be resolved exclusively in the competent courts located in Oklahoma County, Oklahoma City, Oklahoma.
16. Modifications
Tekysoft may modify these terms at any time. The "Last updated" date above reflects the current version. Significant changes will be notified via a banner on the Site and, for clients with an active service, by email. Continued use of the Site or services after the modification constitutes acceptance of the new terms.
17. Termination
Tekysoft may suspend or terminate access to the Site or the services at any time, without prior notice, if the Client breaches these terms or for any other reason at Tekysoft's discretion, giving reasonable notice when materially possible.
In the event of termination due to Client breach, amounts already paid are non-refundable. In the event of termination due to causes attributable to Tekysoft, a pro-rated refund of undelivered work will be made.
18. General provisions
- Entire agreement: these terms, together with the Privacy Policy, the Cookie Policy and the signed service contract (where one exists), constitute the entire agreement between the Client and Tekysoft regarding the Site and services.
- Waiver: Tekysoft's failure to enforce any provision does not constitute a waiver of that right.
- Severability: if any provision is deemed invalid, the remaining provisions remain in force.
- Assignment: the Client may not assign these terms without Tekysoft's written consent. Tekysoft may assign these terms in the event of corporate reorganization, sale of assets or merger.
19. Contact
For questions about these terms:
- Email: hola@tekysoft.com
- Phone: +1 (405) 650-5688
- Address: Tekysoft LLC, Oklahoma City, OK 73107, USA