Terms of Service

Dunamis (“Dunamis”, “we”, “us”) is a software house and SaaS studio. These Terms of Service govern your access to and use of the Services: this website (enterprisedunamis.com), the software applications and SaaS products we develop and operate — including white-label platforms delivered under a client’s brand — and the professional services we provide. You can reach us at Email us.

By accessing the website, creating an account in one of our applications, or using the Services, you agree to these terms. If you use the Services on behalf of a company, you confirm you have authority to bind that company, and “you” means that company.

Custom software development, SaaS subscriptions, and related professional services are contracted through a separate written agreement — a proposal, order form, statement of work, or master services agreement (each, an “Agreement”). Each Agreement defines scope, deliverables, fees, service levels, and any terms specific to that engagement.

If an Agreement conflicts with these terms, the Agreement prevails for that engagement. These terms fill the gaps for anything the Agreement does not address, and govern use of the website and of any application for which no separate Agreement exists.

Some of our applications require an account. You agree to provide accurate registration information and keep it current, to keep credentials confidential, and to notify us promptly at Email us of any suspected unauthorized use. You are responsible for activity under your account. We may suspend accounts that compromise the security or integrity of a Service.

Fees for SaaS products and professional services are set out in the applicable Agreement, including billing cycle, renewal, and payment method. Unless the Agreement says otherwise: fees are exclusive of taxes, which you are responsible for; subscription fees are payable in advance and are non-refundable except as required by law or expressly agreed; and we may suspend access for accounts with overdue amounts after reasonable notice.

You retain all rights to the data and content you or your users submit to the Services (“Customer Data”). You grant us the license needed to host, process, transmit, and display Customer Data solely to provide and support the Services, as described in our Privacy Policy and any data processing terms in your Agreement.

You are responsible for the accuracy and lawfulness of Customer Data and for having the rights and consents needed to submit it. On termination, we will make Customer Data available for export for a reasonable period as set out in the Agreement, after which we may delete it.

When using any of the Services, you agree not to:

• use them in violation of applicable law, or to store or transmit unlawful, infringing, or harmful material;
• probe, disable, overload, or interfere with the Services, their infrastructure, or their security features, or test their vulnerability without our written authorization;
• reverse engineer, decompile, or attempt to extract the source code of any application, except to the extent a law expressly permits it;
• access the Services to build a competing product, or resell, sublicense, or provide them to third parties except as your Agreement allows;
• misrepresent your identity or affiliation, or use another user’s account without authorization.

We (or our licensors) own the Services and everything that makes them run — software, source code, architecture, design systems, interfaces, documentation, and the Dunamis name, monogram, and wordmark. Except for the rights expressly granted in these terms or an Agreement, no rights in the Services are transferred to you.

Ownership of custom deliverables — such as software we build specifically for you — is defined in the applicable Agreement. Pre-existing Dunamis materials, tools, and know-how used to build deliverables remain ours. If you give us feedback or suggestions, we may use them without obligation to you.

The Services interoperate with third-party services — such as cloud hosting, payment processors, and integrations you connect. Your use of a third-party service is governed by its own terms, and we are not responsible for third-party services we do not control. We select and manage our subprocessors as described in the Privacy Policy.

We work to keep the Services available and performant; specific uptime commitments and support channels, where offered, are defined in your Agreement. We may improve, update, or modify the Services, and perform scheduled maintenance, provided we do not materially reduce the core functionality you have contracted during your subscription term. We may discontinue a free or trial feature at any time.

Each party will protect the other’s confidential information — including business plans, technical information, and Customer Data — with at least reasonable care, use it only as needed to perform under these terms or an Agreement, and not disclose it to third parties except to personnel and subprocessors bound by equivalent obligations, or where disclosure is required by law.

These terms apply while you use the Services. Either party may terminate an Agreement as set out in that Agreement. We may suspend or terminate access immediately if you materially breach these terms (including Acceptable Use), if suspension is necessary to protect the Services or other customers, or if required by law — where practicable, we will notify you first and give you a chance to cure. Sections that by their nature survive (including intellectual property, confidentiality, and limitation of liability) survive termination.

We warrant that we provide the Services with reasonable skill and care. Except as expressly stated in these terms or an Agreement, the Services are provided “as is”, and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that they will meet requirements not agreed in writing.

To the fullest extent permitted by law: neither party is liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill; and each party’s total aggregate liability arising out of the Services or these terms is limited to the amounts you paid us for the Service giving rise to the claim in the twelve months before the event. These limits do not apply to breaches of confidentiality, infringement of the other party’s intellectual property, or liability that cannot be limited under applicable law.

We may update these terms from time to time. The effective date above reflects the latest revision. For material changes affecting an active subscription, we will give notice through the Service or by email before the change applies to you. Continued use of the Services after a change constitutes acceptance.

These terms are governed by the laws of the jurisdiction in which Dunamis is established, without regard to conflict-of-law principles, and disputes arising from them are subject to the courts of that jurisdiction, unless your Agreement states otherwise or mandatory rules in your country of residence provide otherwise.

Questions about these terms: Email us.