Last Updated: July 28, 2025
1. Acceptance of Terms
This Terms of Service agreement ("Terms") is a legally binding contract between you ("Client," "you," or "your") and SellTech ("SellTech," "we," "us," or "our"). It governs your access to and use of our website (selltech.pro), and all services provided by us, including but not limited to software development, web development, mobile app development, digital marketing, branding, and UI/UX design (collectively, the "Services"). By accessing our website, engaging our Services, or signing a Statement of Work (SOW), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Description of Services
SellTech provides a comprehensive suite of technology and marketing services designed to help businesses grow. Our services are typically detailed in a project-specific proposal or Statement of Work (SOW), which will outline the scope, deliverables, timelines, and costs. The SOW, once signed, becomes part of this agreement. Our core services include:
- Software, Web, and Mobile App Development: Creating custom solutions, including SaaS platforms, enterprise software, e-commerce sites, and mobile applications for iOS and Android.
- Digital Marketing: Implementing strategies for Search Engine Optimization (SEO), Pay-Per-Click (PPC) advertising, social media marketing, and content creation to enhance online visibility and lead generation.
- Branding and Design: Developing brand identities, logos, visual guidelines, and marketing materials. This also includes UI/UX design for digital products to ensure a seamless and engaging user experience.
We reserve the right to modify or discontinue any of our Services at our discretion. We will provide notice of any material changes to the Services as appropriate.
3. Client Responsibilities
To ensure a successful partnership and the timely delivery of high-quality Services, you agree to the following responsibilities:
- Provide Accurate Information: You will provide accurate and complete information about your business and project requirements.
- Timely Feedback and Approval: You will provide timely feedback and approvals on deliverables. Delays in providing feedback may impact project timelines and costs, for which we are not responsible.
- Access to Necessary Resources: You will provide access to all necessary resources, such as server credentials, existing codebases, third-party accounts (e.g., Google Analytics), and content required for the project.
- Compliance with Laws: You are responsible for ensuring that any content, materials, or data you provide to us, and your use of the deliverables, complies with all applicable laws and regulations and does not infringe on the rights of any third party.
4. Intellectual Property Rights
We respect intellectual property and have clear guidelines on ownership:
- Client-Owned IP: Upon full and final payment for the Services rendered under a specific SOW, we grant and assign to you all rights, title, and interest in and to the final, delivered work product ("Deliverables"). This includes source code, design files, and marketing campaign assets created specifically for you.
- SellTech's Pre-existing IP: We retain ownership of all pre-existing intellectual property, including our proprietary software, tools, methodologies, and know-how ("SellTech IP"). We may use SellTech IP in the course of providing the Services. To the extent that SellTech IP is incorporated into the Deliverables, we grant you a perpetual, non-exclusive, worldwide, royalty-free license to use such SellTech IP solely in connection with the Deliverables.
- Third-Party Materials: Any third-party materials, such as stock photos, fonts, or software components, are subject to their respective licenses, and you are responsible for complying with those terms. We will identify any such third-party materials used in the project.
5. Payment Terms
Our payment terms will be specified in the SOW. Standard terms are as follows:
- Invoicing: We typically invoice on a milestone basis or a monthly retainer, as agreed in the SOW. Invoices are due upon receipt unless otherwise specified.
- Late Payments: Payments not received within 30 days of the invoice date will be considered late and may be subject to a service charge of 1.5% per month or the maximum amount permitted by law.
- Suspension of Services: We reserve the right to suspend all Services if payments are not made on time.
- Taxes: All fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, or duties imposed by taxing authorities.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information ("Confidential Information") disclosed during the course of the project. This includes business strategies, financial information, user data, and project details. This obligation does not apply to information that is publicly known, already in the receiving party's possession, or required to be disclosed by law.
7. Term and Termination
The agreement commences on the date you first engage our Services and continues until terminated. Either party may terminate this agreement or a specific SOW:
- For Cause: Immediately, if the other party commits a material breach of these Terms and fails to cure such breach within 30 days of written notice.
- For Convenience: With 30 days' written notice to the other party. In such cases, you agree to pay for all Services performed and expenses incurred up to the effective date of termination.
Upon termination, we will deliver all completed work, and you will settle all outstanding invoices.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SELLTECH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US UNDER THE APPLICABLE SOW IN THE 12 MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to defend, indemnify, and hold harmless SellTech and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
11. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect.
12. Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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 Services after any revisions become effective, you agree to be bound by the revised terms.
13. Contact Us
If you have any questions about these Terms, please contact us:
- By email: legal@selltech.pro
- By visiting this page on our website: Contact
- By mail: 4500 Cypresswood Drive, Spring, TX, 77379 USA