Effective Date: January 1, 2024

Last Updated: December 23, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and CistekAI LLC ("CistekAI," "Company," "we," "us," or "our"), a Texas Limited Liability Company, regarding your use of our website, services, and products.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

2. Company Information

3. Services Provided

CistekAI provides:

• Cloud infrastructure consulting and implementation
• Custom software and application development
• AI and machine learning solutions
• DevOps and security consulting
• Workforce skills development and training
• Technology consulting services
• Product development and maintenance

4. Intellectual Property Rights

4.1 CistekAI Intellectual Property

ALL RIGHTS RESERVED. All content, materials, software, code, designs, methodologies, processes, tools, frameworks, and documentation created, developed, or provided by CistekAI ("CistekAI IP") are and shall remain the exclusive property of CistekAI LLC.

CistekAI IP is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:

• Proprietary software, source code, and algorithms
• Website content, design, and user interface
• Business processes and methodologies
• Training materials and documentation
• Logos, trademarks, and brand materials
• Technical specifications and architectures

4.2 Unauthorized Use Prohibited

4.3 Client-Owned Intellectual Property

Upon full payment of all fees, Client shall own the custom deliverables specifically created for Client under a written agreement ("Client Deliverables"), subject to:

• CistekAI retains ownership of all pre-existing IP, tools, frameworks, and methodologies
• CistekAI retains a perpetual license to use general knowledge and skills gained
• Client Deliverables do not include CistekAI's proprietary tools or platforms
• Ownership transfer requires explicit written agreement

4.4 License Grant

Subject to these Terms and payment of all fees, CistekAI grants Client a limited, non-exclusive, non-transferable, revocable license to use Client Deliverables solely for Client's internal business purposes. This license does not permit resale, sublicensing, or commercial exploitation.

5. Copyright Protection and DMCA

All content on this website is protected by copyright law. CistekAI respects intellectual property rights and expects users to do the same.

Copyright Notice: © 2018-2026 CistekAI LLC. All Rights Reserved.

For copyright infringement claims under the Digital Millennium Copyright Act (DMCA), contact:

6. Confidentiality and Non-Disclosure

Both parties agree to maintain confidentiality of all proprietary and confidential information disclosed during the engagement, including:

• Business strategies and plans
• Technical specifications and source code
• Financial information
• Client data and customer information
• Trade secrets and proprietary methodologies

Confidentiality obligations survive termination of services for a period of five (5) years.

7. Payment Terms

• All fees are due as specified in the applicable Service Agreement or invoice
• Late payments subject to interest at 1.5% per month (18% annually) or maximum allowed by law
• CistekAI reserves the right to suspend services for non-payment
• Client responsible for all collection costs, including attorney fees
• All fees are non-refundable unless otherwise specified in writing
• Prices subject to change with 30 days notice

8. International Operations and Data Transfer

IMPORTANT NOTICE: CistekAI operates with offshore development teams in India. By engaging our services, you acknowledge and agree that:

• Your project may be worked on by teams located in India
• Data and information may be transferred to and processed in India
• We implement appropriate security measures for international data transfers
• All offshore team members are bound by confidentiality agreements

We comply with applicable data protection laws and implement Standard Contractual Clauses for international data transfers.

9. Warranties and Disclaimers

9.1 Limited Warranty

CistekAI warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is valid for ninety (90) days from delivery.

9.2 Disclaimer

10. Limitation of Liability

11. Indemnification

Client agrees to indemnify, defend, and hold harmless CistekAI, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Client's use of our services
• Client's violation of these Terms
• Client's violation of any third-party rights
• Client's breach of confidentiality obligations
• Any content or data provided by Client

12. Termination

Either party may terminate services with written notice as specified in the Service Agreement. Upon termination:

• Client must pay all outstanding fees for services rendered
• CistekAI will deliver completed work products (upon full payment)
• All licenses granted to Client terminate immediately
• Confidentiality obligations continue
• CistekAI may retain copies for legal and archival purposes

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Texas and the United States, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

Any legal action arising from these Terms must be brought exclusively in the state or federal courts located in Collin County, Texas. Both parties consent to personal jurisdiction in these courts.

13.3 Arbitration

Disputes may be resolved through binding arbitration under the American Arbitration Association (AAA) rules, conducted in Plano, Texas. The prevailing party shall be entitled to recover reasonable attorney fees and costs.

14. Legal Compliance

Client agrees to comply with all applicable laws, including:

• Export control laws and regulations
• Data protection and privacy laws
• Anti-corruption and anti-bribery laws
• Intellectual property laws
• Industry-specific regulations

15. Modifications to Terms

CistekAI reserves the right to modify these Terms at any time. Material changes will be notified via email or website notice. Continued use of services after changes constitutes acceptance of modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with any Service Agreement and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

18. Contact Information