Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of melkomsystems.com, any related websites, custom web-based applications, software tools, downloadable programs, and related services provided by Melkom Systems ("Melkom Systems," "we," "us," or "our"), unless a separate written agreement, statement of work, order form, license agreement, or other contract applies.

Melkom Systems provides custom software development, web-based applications, business management tools, automation solutions, downloadable software, and related technology services for businesses and individuals.

By accessing our website, contacting us, using our services, using a custom application, or downloading software we provide, you agree to these Terms. If you do not agree to these Terms, do not use our website, applications, software, or services.

1. Relationship to Other Agreements

These Terms apply generally to our website, public content, communications, and services. Some projects, subscriptions, software licenses, support plans, hosting arrangements, or custom applications may be governed by separate written agreements.

If a separate signed agreement, statement of work, proposal, invoice, order form, service agreement, or end user license agreement applies, that separate agreement will control to the extent it conflicts with these Terms.

2. Eligibility

Our website, applications, software, and services are intended for users who are at least 18 years old and able to enter into a legally binding agreement.

If you use our website, applications, software, or services on behalf of a company, organization, client, employer, or other entity, you represent that you have authority to bind that entity to these Terms.

3. Website Use

You may use our website for lawful informational and business purposes only. You agree not to:

• Use the website or services for illegal, harmful, fraudulent, or unauthorized purposes
• Attempt to gain unauthorized access to any system, account, server, database, or network
• Interfere with the security, operation, or availability of the website or services
• Upload or transmit viruses, malware, malicious code, or harmful content
• Use bots, scrapers, crawlers, data mining tools, or automated systems without our written permission
• Copy, reproduce, modify, or exploit website content except as allowed by these Terms
• Impersonate another person or entity
• Misrepresent your identity, authority, or affiliation
• Use the website or services to compete with Melkom Systems or reverse engineer our systems
• Violate any applicable law, regulation, or third-party right

4. Custom Applications and Client Systems

Melkom Systems may design, build, host, support, or maintain custom web-based applications and software systems for clients.

These systems may help clients manage business operations, including jobs, projects, expenses, employees, schedules, customers, documents, internal notes, reports, or similar business information.

Clients are responsible for deciding what information is entered into their custom applications, who may access it, and how it is used in their business. Clients are also responsible for making sure they have the legal right to collect, store, upload, use, and share any information they provide through a custom application.

This includes responsibility for any employee, customer, contractor, vendor, project, job site, financial, expense, payroll, scheduling, or business operation data entered into a system.

5. User Accounts and Security

Some applications or services may require user accounts, usernames, passwords, access codes, or other login credentials.

You are responsible for:

• Keeping login credentials confidential
• Using strong and secure passwords
• Controlling access to your account
• All activity that occurs under your account
• Promptly notifying us or the applicable account owner of unauthorized access or suspected security issues

We may suspend, disable, or terminate access to accounts if we believe there is unauthorized use, a security risk, violation of these Terms, nonpayment, or other harmful activity.

6. Client Data and User Content

You retain ownership of data, files, records, documents, images, notes, messages, project information, customer information, employee information, and other content that you submit, upload, or enter into a website, application, or system ("Client Data"), subject to any separate written agreement.

You grant Melkom Systems a limited right to access, use, process, store, transmit, back up, and display Client Data only as reasonably necessary to:

• Provide, operate, and maintain the website, application, software, or service
• Build, configure, customize, and support client systems
• Troubleshoot errors and technical issues
• Improve security, reliability, and performance
• Respond to support requests
• Comply with legal or contractual obligations

You are responsible for the accuracy, legality, reliability, and appropriateness of all Client Data you submit or authorize others to submit.

7. Employee, Customer, and Third-Party Information

If you enter or upload information about employees, customers, contractors, vendors, job sites, projects, or other third parties, you are responsible for providing any required notices, obtaining any required consents, and complying with applicable privacy, employment, labor, consumer protection, tax, accounting, and business laws.

Melkom Systems does not control how a client uses its own business data and does not provide legal, employment, tax, accounting, payroll, construction, safety, or regulatory advice.

8. Sensitive and Regulated Information

Unless we specifically agree in writing, our website, applications, software, and services are not designed for highly sensitive or regulated information, including protected health information, financial institution data, government-classified information, or other information subject to specialized legal requirements.

You must not submit sensitive or regulated information unless we have agreed in writing that the applicable system is designed and authorized to handle that information.

9. Proposals, Estimates, and Project Scope

Any proposal, estimate, quote, scope description, timeline, or project plan is based on the information available at the time it is prepared.

Unless otherwise stated in writing:

• Estimates are not fixed-price guarantees
• Timelines are approximate and may change
• Additional requests, changes, revisions, integrations, features, or support may require additional fees
• Work outside the agreed scope may be treated as a separate project or change order
• A project may not begin until required information, approvals, access, and payments are received

10. Payments, Invoices, and Fees

Fees, deposits, payment schedules, subscriptions, hosting charges, maintenance fees, and other charges will be described in the applicable proposal, invoice, order form, service agreement, or other written communication.

Unless otherwise agreed in writing:

• Payments are due according to the applicable invoice or agreement
• Deposits may be non-refundable once work begins
• Late or unpaid amounts may delay work, delivery, hosting, support, or access
• We may suspend services for nonpayment
• You are responsible for applicable taxes, payment processing fees, and third-party service charges

Refunds, if any, are governed by the applicable proposal, invoice, written agreement, or Refund Policy.

11. Third-Party Services and Platforms

Our website, applications, or services may use or integrate with third-party platforms, services, APIs, hosting providers, payment processors, analytics providers, email providers, cloud services, databases, software libraries, open-source components, or other tools.

Third-party services are governed by their own terms, privacy policies, availability, pricing, and security practices. Melkom Systems is not responsible for third-party services, outages, data handling, pricing changes, discontinued features, or errors caused by third-party systems.

You are responsible for maintaining any third-party accounts, subscriptions, licenses, permissions, API keys, credentials, or billing arrangements required for your project or system.

12. Software, Downloads, and Updates

Melkom Systems may offer downloadable software, tools, installers, utilities, or applications in the future.

Unless a separate end user license agreement applies, any software we provide is licensed, not sold. You receive a limited, non-exclusive, non-transferable license to use the software for its intended purpose and only as permitted by these Terms or the applicable written agreement.

You may not:

• Copy, distribute, sell, lease, sublicense, or transfer the software
• Reverse engineer, decompile, disassemble, or attempt to derive source code except as permitted by law
• Remove copyright, trademark, or proprietary notices
• Use the software to create a competing product or service
• Use the software in violation of applicable law or third-party rights

Software may be updated, modified, suspended, or discontinued at any time unless a written agreement states otherwise.

13. Intellectual Property

The website, software, source code, object code, databases, designs, layouts, workflows, logic, templates, documentation, text, graphics, logos, icons, trade names, trademarks, service marks, processes, know-how, and other materials created or provided by Melkom Systems are owned by Melkom Systems or its licensors unless a written agreement states otherwise.

You may not copy, modify, distribute, sell, publish, reproduce, or create derivative works from our intellectual property without our written permission.

For custom development projects, ownership and license rights will be determined by the applicable written agreement, statement of work, proposal, or invoice.

Unless otherwise agreed in writing and after all required payments are made, Melkom Systems grants the client a limited license to use the completed deliverables for the client's internal business purposes. This license does not automatically include ownership of source code, frameworks, reusable components, development tools, libraries, templates, methods, or general know-how created or used by Melkom Systems.

14. Client Materials

You represent that you own or have the necessary rights, licenses, permissions, and consents to provide any materials, data, content, designs, logos, text, images, documents, credentials, or instructions you give to Melkom Systems.

You are responsible for ensuring that your materials do not infringe any copyright, trademark, privacy, publicity, trade secret, contractual, or other rights of any third party.

15. Feedback and Suggestions

If you provide ideas, suggestions, requests, improvements, comments, or feedback about our website, applications, software, services, or business, you agree that Melkom Systems may use them without restriction or compensation to you, unless otherwise agreed in writing.

16. Confidentiality

During a project or service relationship, either party may receive confidential or non-public information from the other party.

Each party agrees to use reasonable care to protect confidential information and to use it only for the purpose of performing or receiving services, unless disclosure is required by law or authorized in writing.

Confidential information does not include information that is publicly available, independently developed, already known without restriction, or lawfully received from another source.

17. Backups and Data Loss

We may use reasonable backup, hosting, and security practices for systems we host or maintain. However, no backup or storage system is perfect.

Unless a written agreement states otherwise, you are responsible for maintaining your own copies of important records, files, documents, data, and business information.

Melkom Systems is not responsible for data loss, corruption, deletion, unauthorized access, downtime, or failure to preserve data except to the extent caused by our proven gross negligence or willful misconduct and subject to the limitations of liability in these Terms.

18. Availability, Maintenance, and Support

We may modify, maintain, suspend, update, or discontinue all or part of the website, applications, software, hosting, or services at any time.

We do not guarantee uninterrupted, error-free, or secure access. Systems may be unavailable due to maintenance, updates, third-party outages, security events, internet failures, hosting issues, power outages, software bugs, client errors, or events beyond our control.

Support, maintenance, response times, uptime commitments, or service levels are provided only if stated in a written agreement.

19. No Professional Advice

Melkom Systems provides software, technology, automation, and related services.

Our website, applications, reports, dashboards, estimates, outputs, or tools do not constitute legal, tax, accounting, payroll, employment, financial, construction, engineering, safety, medical, or other professional advice.

You are responsible for reviewing information, making business decisions, complying with laws, and consulting qualified professionals when needed.

20. No Guarantee of Results

We work to provide useful, reliable, and practical technology solutions, but we do not guarantee that any website, application, software, automation, integration, report, recommendation, or service will produce a specific business result, revenue increase, cost savings, operational improvement, legal compliance outcome, or error-free performance.

21. Privacy

Your use of our website, applications, software, and services is also governed by our Privacy Policy and Cookie Policy.

Please review:

• Privacy Policy: https://melkomsystems.com/privacy.html
• Cookie Policy: https://melkomsystems.com/cookie-policy.html

22. Termination and Suspension

We may suspend or terminate access to our website, applications, software, accounts, hosting, or services if:

• You violate these Terms
• You fail to pay amounts due
• You misuse the website, application, software, or service
• You create a security, legal, operational, or reputational risk
• A third-party platform, hosting provider, or legal authority requires suspension
• We discontinue the applicable service

Upon termination, your right to use the applicable website, application, software, or service will stop. Certain sections of these Terms, including payment obligations, intellectual property rights, confidentiality, disclaimers, limitations of liability, indemnification, and dispute provisions, will survive termination.

23. Disclaimers

To the fullest extent permitted by law, our website, applications, software, content, and services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.

Melkom Systems disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, security, compatibility, and error-free operation.

We do not warrant that the website, applications, software, hosting, data, integrations, reports, or services will be uninterrupted, secure, error-free, virus-free, or meet your specific expectations.

24. Limitation of Liability

To the fullest extent permitted by law, Melkom Systems and its owners, employees, contractors, agents, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of data, business interruption, loss of goodwill, system downtime, or replacement costs, even if we were advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for any claim arising out of or related to these Terms, the website, applications, software, or services will not exceed the amount you paid to Melkom Systems for the specific service giving rise to the claim during the three (3) months before the event giving rise to the claim, or one hundred dollars ($100), whichever is greater.

Some laws do not allow certain limitations of liability, so some limitations may not apply to you.

25. Indemnification

You agree to defend, indemnify, and hold harmless Melkom Systems and its owners, employees, contractors, agents, service providers, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your use of the website, applications, software, or services
• Your violation of these Terms
• Your Client Data, materials, instructions, or submissions
• Your violation of any law or third-party right
• Your use or misuse of a custom application or system
• Any information you collect, upload, enter, process, or share through a system
• Your failure to provide required notices or obtain required consents
• Your business operations, employees, customers, vendors, projects, jobs, or job sites

26. Changes to These Terms

We may update these Terms from time to time. When we update them, we will revise the "Last updated" date at the top of this page.

The updated Terms will be effective when posted unless otherwise stated. Your continued use of the website, applications, software, or services after updated Terms are posted means you accept the updated Terms.

27. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Unless a separate written agreement states otherwise, any dispute arising out of or related to these Terms, our website, applications, software, or services will be brought in a court of competent jurisdiction in Los Angeles County, California, and you consent to that jurisdiction and venue.

28. California Users and Residents

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

California Department of Consumer Affairs

1625 North Market Blvd., Suite N 112

Sacramento, CA 95834

Phone: (800) 952-5210

29. Miscellaneous

These Terms, together with any policies or written agreements that apply, constitute the agreement between you and Melkom Systems regarding the applicable website, application, software, or service.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without our written permission. We may assign our rights and obligations as part of a business transfer, reorganization, merger, acquisition, sale of assets, or by operation of law.

30. Contact Us

If you have questions about these Terms, please contact us at:

Melkom Systems

California, United States

Email: hello@melkomsystems.com