Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Convective Inc. ("Convective," "we," "us," or "our") governing your access to and use of the convective.com website and our services.

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our website or services.

2. Services

Convective provides custom application development services, including:

• Enterprise application development
• AI strategy and implementation
• Process automation
• User-centered design
• Application performance management
• Team augmentation
• Project management
• Strategic consulting

Specific services, deliverables, timelines, and pricing are defined in separate statements of work or service agreements executed between you and Convective.

3. Use of Website

3.1 Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the website or servers
• Transmit any viruses, malware, or harmful code
• Engage in any automated data collection without our express written permission
• Impersonate any person or entity
• Harass, abuse, or harm another person

3.2 Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Convective, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4. Professional Services Terms

4.1 Engagement

Professional services engagements are governed by separate statements of work, master services agreements, or other written agreements executed between you and Convective. In the event of any conflict between these Terms and a separate written agreement, the separate written agreement shall control.

4.2 Client Responsibilities

Clients agree to:

• Provide timely access to necessary information, systems, and personnel
• Respond to requests for feedback and approvals in a timely manner
• Designate authorized representatives for decision-making
• Pay all fees according to the agreed payment terms
• Maintain appropriate insurance coverage

4.3 Payment Terms

Unless otherwise specified in a separate agreement, payment terms are net 30 days from invoice date. Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is less. Convective reserves the right to suspend services for non-payment.

5. Intellectual Property Rights

5.1 Work Product

Unless otherwise specified in a written agreement, all deliverables, work product, and intellectual property created by Convective in the course of providing services shall remain the property of the client upon full payment of all fees.

5.2 Pre-Existing Materials

Convective retains all rights to its pre-existing tools, frameworks, methodologies, and intellectual property. Clients receive a license to use such materials as incorporated into deliverables.

5.3 Portfolio Rights

Convective reserves the right to use project information in portfolios and case studies, subject to confidentiality obligations. Specific restrictions can be negotiated in separate agreements.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of business. Confidential information includes business plans, technical data, customer information, and any information marked as confidential or that reasonably should be understood to be confidential.

Confidential information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Is rightfully obtained from a third party without restriction

7. Warranties and Disclaimers

7.1 Professional Services

Convective warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Specific warranties for deliverables are defined in separate service agreements.

7.2 Website Disclaimer

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CONVECTIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

CONVECTIVE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CONVECTIVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Convective and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the website or services, your violation of these Terms, or your violation of any rights of another party.

10. Term and Termination

10.1 Term

These Terms remain in effect while you use the website or services. Service engagements are governed by the terms specified in separate agreements.

10.2 Termination

We may terminate or suspend your access to the website immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the website ceases immediately.

10.3 Effect of Termination

Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Melbourne, Florida.

11.3 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any separate written agreements for specific services, constitute the entire agreement between you and Convective regarding the website and services.

12.2 Amendments

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the website with a new "Last Updated" date. Your continued use of the website after changes become effective constitutes acceptance of the modified Terms.

12.3 Severability

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

12.4 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term or condition.

12.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

14. Acknowledgment

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR Privacy Policy.