Terms and Conditions

Last updated January 1, 2025

Please read these terms and conditions carefully before engaging with Our Service.

Service Engagement

Our Services are provided on a project or retainer basis, as agreed upon in separate service agreements or statements of work. The specific terms, scope, deliverables, timeline, and pricing for each engagement will be detailed in these separate agreements.

We strive to deliver high-quality software development and consulting services. However, you acknowledge that software development is complex and may involve multiple iterations and refinements to meet your requirements. Any changes to the agreed-upon scope, features, or requirements may impact the timeline and costs, and will be handled through our formal change request process.

Project acceptance criteria, testing procedures, and delivery milestones will be defined in the service agreement. You agree to review deliverables and provide feedback in a timely manner to maintain project momentum.

Intellectual Property

Unless otherwise specified in a separate agreement, the Company retains all intellectual property rights to our development processes, methodologies, pre-existing code libraries, frameworks, and tools. Any custom software developed specifically for a Client will be governed by the terms of the specific service agreement.

Upon full payment for the Services, and unless otherwise specified in the service agreement, Clients will receive ownership rights to the custom code developed specifically for their project. This does not include any third-party software, libraries, or tools used in the development process, which remain subject to their respective licenses.

The Client retains all rights to their pre-existing intellectual property, including but not limited to their data, content, trademarks, and business processes. The Company agrees to use Client's intellectual property solely for the purpose of providing the agreed-upon Services.

The Company's name, logo, Website, and content are protected by applicable intellectual property laws. You may not use our intellectual property without our prior written consent.

Confidentiality

We respect the confidentiality of our Clients and their projects. Any confidential information shared during the course of our engagement will be protected and only used for the purpose of providing our Services. This includes, but is not limited to, business processes, technical specifications, source code, and any other proprietary information shared during the engagement.

We implement industry-standard security measures to protect your confidential information. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure. Specific confidentiality terms, including data handling procedures and security requirements, will be detailed in separate service agreements.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Rhode Island, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Taman Labs LLC, 282 Capuano ave, RI 02920.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Taman Labs, accessible from https://www.tamanlabs.com/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Termination

Either party may terminate the engagement according to the terms specified in the service agreement or statement of work. Typical grounds for termination include, but are not limited to:

  • Material breach of the service agreement terms
  • Failure to make timely payments as agreed
  • Mutual agreement between both parties
  • Force majeure events lasting beyond a reasonable period

In the event of termination, the Client shall pay for all services rendered up to the termination date, including any work in progress. The Company will provide a detailed accounting of completed work and facilitate an orderly transition of project materials and code repositories.

Post-termination obligations, including but not limited to confidentiality, intellectual property rights, and payment obligations, shall survive the termination of the engagement as specified in the service agreement.

Limitation of Liability

The Company's total liability arising out of or related to any engagement, whether in contract, tort, or under any other theory of liability, shall not exceed the total amount paid by the Client under the applicable service agreement during the twelve (12) months preceding the incident giving rise to the claim.

In no event shall the Company be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to:

  • Lost profits or revenue
  • Lost business opportunities
  • Loss of data or system interruption
  • Cost of procurement of substitute goods or services

This limitation applies regardless of whether the Company has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

The Client acknowledges that the fees charged by the Company reflect this allocation of risk and that these limitations are an essential basis of the bargain between the parties. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means these limitations may not apply.

The Company maintains professional liability insurance coverage appropriate for software development services. Specific coverage details can be provided upon request and may be detailed in individual service agreements.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Taman Labs LLC
282 Capuano Ave
Cranston, RI 02920
United States