Terms and Conditions

1. License Scope & Restrictions

  • CIENAPPS Software grants the client a non-exclusive, non-transferable, limited license to use its SaaS and software solutions.
  • The client is not authorized to copy, modify, distribute, resell, or reverse engineer the software.

2. Intellectual Property

  • All intellectual property, including software, source code, catalogs, designs, trademarks, and documentation, remains 100% the property of CIENAPPS Software.
  • The client acknowledges no ownership rights are transferred.

3. Subscription Terms

  • SaaS subscriptions are for a minimum term of 12 months and renew automatically unless written termination is provided 60 days before expiration.
  • Payments are non-refundable unless expressly stated otherwise.

4. One-Time Fees

  • All one-time fees (activation, installation, configuration, custom development) are non-refundable.
  • These fees do not transfer any intellectual property rights.

5. Payment & Billing

  • Payments are due monthly under the terms stated on the invoice.
  • Late payments may result in penalties, service suspension, or termination.

6. Non-Payment Consequences

  • If monthly fees are not paid, the client immediately loses all rights of access and use of the software.
  • The software will be rendered inaccessible and unusable until all amounts due are fully paid.
  • Non-payment does not confer any right of possession or service continuity.

7. Termination & Suspension

  • CIENAPPS Software reserves the right to suspend or terminate service in cases of non-payment, material breach, or violation of these terms.
  • In case of early termination, the client remains liable for the balance of subscription fees for the contractual period.

8. Service Availability & SLA

  • CIENAPPS Software strives to provide optimal service availability.
  • Planned maintenance may occur with reasonable notice to clients.

9. Data Protection & Confidentiality

  • CIENAPPS Software commits to protecting client data and complying with applicable privacy laws.
  • The client is responsible for safeguarding credentials and account usage.

10. Custom Development

  • Any custom development performed for a client is billed as one-time fees.
  • Intellectual property of such developments remains the property of CIENAPPS Software.

11. Software “As Demonstrated”

  • Software is provided as demonstrated during presentations.
  • Any missing or additional functionality must be developed as paid custom work.
  • Under no circumstances may the client demand free development of non-existent features based on discussions, assumptions, or personal interpretation.
  • No non-existent items can be quoted or sold except through acquisition of custom development services.

12. Limitation of Liability

  • CIENAPPS Software is not liable for indirect damages, loss of profits, data loss, or service interruptions.
  • Total liability is limited to the amount paid by the client in the last 12 months.

13. Governing Law & Jurisdiction

  • This agreement is governed by the laws of the jurisdiction where CIENAPPS Software is headquartered.
  • All disputes shall be submitted to the competent courts of that jurisdiction.

14. Dispute Resolution

  • Before legal action, parties agree to attempt mediation or amicable arbitration.

 

15. Amendments & Notices

  • CIENAPPS Software reserves the right to amend these terms with reasonable notice.
  • All contractual notices must be provided in writing (email or registered mail).