Terms & Conditions
Last updated: August 5, 2026
1 Introduction
Welcome to Xinersoft SAS. These Terms and Conditions govern the use of our website at xinersoft.co and the services offered by Xinersoft SAS, a software development company registered in Bucaramanga, Santander, Colombia.
By accessing our website or engaging our services, you agree to be bound by these terms in their entirety. If you do not agree with any part of these terms, please do not use our website or services.
These terms apply to all clients, including those based in the United States, United Kingdom, Australia, and other international locations.
2 Services
Xinersoft SAS provides the following services:
- Custom Software Development: End-to-end design, development, and deployment of tailored software solutions for businesses.
- Technical Consulting: Architecture reviews, technology assessments, digital strategy, and technical advisory services.
- Ongoing Support & Maintenance: Post-delivery support plans, bug fixes, performance monitoring, and feature enhancements.
- Web & Mobile Development: Responsive websites, progressive web apps, and native/cross-platform mobile applications.
All services are subject to a specific agreement established between Xinersoft SAS and the client before any project begins.
3 Project Engagement
3.1. Proposals
All proposals and quotes are valid for 30 days from the date of issue unless stated otherwise. Proposals include scope of work, timelines, deliverables, and pricing. A proposal becomes binding only upon written acceptance by both parties.
3.2. Acceptance
Work begins upon written acceptance of the proposal (including email confirmation) and receipt of the initial deposit as specified. Acceptance constitutes agreement to all terms outlined in the proposal and these Terms & Conditions.
3.3. Scope Changes
Any changes to the agreed scope of work must be documented in writing via a change request. Scope changes may affect timelines and pricing. We will provide an updated estimate before proceeding with any change. Undocumented requests or verbal agreements are not binding.
4 Intellectual Property
4.1. Client Ownership
Upon full and final payment, the client receives full ownership of the custom code, designs, and deliverables specifically created for their project. This includes source code, documentation, and assets produced as part of the engagement.
4.2. Xinersoft Retained Rights
Xinersoft SAS retains ownership of its pre-existing tools, libraries, frameworks, methodologies, development processes, and general know-how. Where such components are used in a client project, the client receives a perpetual, non-exclusive license to use them within the delivered product.
4.3. Third-Party Components
Projects may include open-source or third-party libraries governed by their own licenses. We will inform you of any such dependencies and their licensing terms.
4.4. Website Content
All content on xinersoft.co — including text, graphics, logos, and software — is the property of Xinersoft SAS and protected by Colombian and international copyright laws.
5 Payment Terms
6 Warranties
Post-Delivery Warranty
We provide a warranty period of 60 to 90 days (as specified in your project agreement) following final delivery. During this period, we will fix bugs and defects in the delivered software at no additional cost.
What's Covered
- • Software bugs that deviate from the agreed specifications
- • Defects in code written by Xinersoft as part of the project
- • Critical errors that prevent normal operation of delivered features
What's Not Covered
- • Issues caused by client modifications to the delivered code
- • Problems arising from third-party services, APIs, or hosting environments
- • New feature requests or changes to original specifications
- • Issues caused by the client's infrastructure or environment changes
7 Limitation of Liability
To the maximum extent permitted by applicable law, Xinersoft SAS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from the use or inability to use our services.
Our total aggregate liability for any claims arising from a project shall not exceed the total fees paid by the client for that specific project.
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
8 Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information shared during the engagement. Confidential information includes business plans, technical specifications, source code, customer data, and any materials marked as confidential.
Xinersoft SAS will not disclose your confidential information to third parties without prior written consent, except where required by law. This obligation survives termination of the agreement for a period of two (2) years.
If your project requires a separate Non-Disclosure Agreement (NDA), we are happy to accommodate this before work begins.
9 Termination
Either party may terminate the engagement with 15 days' written notice. Early termination may be subject to fees as outlined in the project agreement.
Upon termination, the client must pay for all services rendered up to the termination date. Xinersoft will deliver all completed work and work-in-progress upon receipt of outstanding payments.
We may terminate immediately if the client is in material breach of these terms, including non-payment exceeding 30 days.
10 Governing Law & Dispute Resolution
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Colombia.
For international clients (including those in the US, UK, and Australia), any dispute arising from or relating to these terms or our services shall be resolved through binding arbitration administered in accordance with international commercial arbitration rules. The seat of arbitration shall be Bucaramanga, Colombia, and proceedings may be conducted in English.
Both parties agree to attempt good-faith negotiation before initiating formal dispute resolution proceedings.
11 Changes to These Terms
We reserve the right to update these terms at any time. Changes take effect upon publication on our website. We will notify active clients of material changes via email. Continued use of our services after changes are posted constitutes acceptance of the revised terms.
12 Contact Information
If you have any questions about these Terms and Conditions, please contact us: