Terms of Service
These Terms of Service ("Terms") govern your use of this website and the software development services provided by XMand API Inc ("XMand API", "we", "us"). By using the website or engaging our services, you agree to these Terms.
1. Services
We provide custom software development services, including API integration, custom backend and API development, and deployment and maintenance. The scope, deliverables, timeline and price of each engagement are defined in a written proposal or statement of work ("SOW") agreed by both parties. If an SOW conflicts with these Terms, the SOW controls.
2. Quotes and changes
Prices on this website are indicative starting points. A project is confirmed only when both parties accept the SOW. Changes to scope after acceptance may affect the price and timeline and will be agreed in writing before work proceeds.
3. Fees and payment
- Fixed-scope projects are invoiced 50% upfront and 50% on delivery, unless the SOW states otherwise.
- Monthly retainers are invoiced in advance at the start of each billing period.
- All amounts are in US dollars. Payment is accepted by ACH or wire transfer.
- Invoices are due within 15 days. We may pause work on overdue accounts.
- Fees are non-refundable once the corresponding work has been performed.
4. Client responsibilities
You agree to provide timely access to the information, accounts and systems needed to perform the work, and you confirm you have the right to grant that access. Delays in providing access may delay delivery.
5. Intellectual property
Upon full payment, you own the custom source code and documentation we create specifically for you. We retain ownership of our pre-existing tools, libraries and know-how, and grant you a perpetual, non-exclusive license to use any of them included in your deliverables. Third-party and open-source components remain subject to their own licenses.
6. Confidentiality
Each party will keep the other's non-public business and technical information confidential and use it only to perform or receive the services, except where disclosure is required by law.
7. Warranty
We will perform the services in a professional manner and fix defects in delivered work that are reported during the support period stated in the SOW. Except as stated here, the services and this website are provided "as is", without other warranties of any kind.
8. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental or consequential damages, including lost profits or data. Our total liability arising from any engagement is limited to the fees you paid us for that engagement in the 12 months before the claim.
9. Termination
Either party may end an engagement with 14 days' written notice. You will pay for work performed up to the termination date. Retainers may be cancelled at the end of any billing period.
10. Use of this website
You may not use this website for any unlawful purpose, attempt to gain unauthorized access to it, or interfere with its operation. Content on this website is provided for general information only.
11. Governing law
These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-law rules.
12. Changes
We may update these Terms from time to time. Changes do not affect engagements already under an accepted SOW.
13. Contact
XMand API Inc
1500 N Grant St, Ste R
Denver, CO 80203, USA
support@pingcode.pics