These Terms of Service govern your relationship with Motion Analytics and use of our dashboard development and analytics services. By engaging our services, you agree to these terms and conditions.
1. Payment Terms and Schedule. Project fees are due according to the milestone schedule outlined in your Statement of Work. Typical structure: 50% deposit to begin, 30% at midpoint review, 20% upon final delivery. Invoices are due within 15 days of receipt. Late payments incur 2% monthly service charges and may result in project suspension.
2. Intellectual Property and Ownership. Upon full payment, you own the final dashboard and associated documentation. We retain rights to our proprietary development frameworks, methodologies, and any pre-existing intellectual property. We may showcase your project (with anonymized data) in our portfolio unless you request confidentiality in writing.
3. Client Responsibilities and Data Access. You must provide timely access to necessary data sources, systems, and personnel. You are responsible for data accuracy, proper permissions for data use, and compliance with applicable privacy laws. Delays caused by lack of client cooperation may result in additional charges and timeline adjustments.
4. Warranties and Limitation of Liability. We warrant that delivered work will substantially conform to agreed specifications for 30 days post-delivery. Our total liability is limited to the project fee paid. We are not liable for indirect, consequential, or business interruption damages. You acknowledge that data analytics involves interpretation and that business decisions based on our deliverables are your responsibility.
5. Confidentiality and Data Security. We maintain strict confidentiality of your business information and implement industry-standard security measures. However, you acknowledge that no system is 100% secure. We are not liable for data breaches beyond our reasonable control, and you agree to maintain appropriate insurance coverage.
6. Project Cancellation and Termination. Either party may terminate with 15 days written notice. Upon termination, you pay for all work completed to date plus any non-refundable third-party costs. Partially completed work may be delivered "as-is" at our discretion. Deposits are non-refundable except in cases of our material breach.
7. Force Majeure and Business Continuity. We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, or third-party service outages. In such cases, project timelines are adjusted accordingly without penalty.
8. Dispute Resolution and Governing Law. Any disputes will first be addressed through good-faith negotiation. If unresolved, disputes will be settled through binding arbitration in Ontario, Canada, under Ontario law. The prevailing party is entitled to reasonable attorney fees and costs.
9. Modifications and Entire Agreement. These terms may only be modified in writing signed by both parties. These Terms, together with your Statement of Work, constitute the entire agreement and supersede all prior negotiations or agreements. Contact us at info@motionanalyticstech.com for questions.