Terms of Service

Agreement to Terms

By accessing buraq.dev, submitting an inquiry, signing a project agreement, or using any service provided by Buraq, you agree to be bound by these Terms. These Terms apply to all visitors, prospective clients, and active clients.

Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

Buraq is a software technology agency that provides, among other offerings:

• Custom web and mobile application development
• AI-powered workflow automation and integration
• ERP implementation and business systems consulting
• Cloud infrastructure setup, DevOps, and managed hosting
• IT strategy consulting and digital transformation advisory
• UI/UX design and front-end engineering

The specific scope of services for each engagement is defined in a separate Statement of Work (SOW) or project agreement executed between Buraq and the client. These Terms govern all such engagements unless otherwise explicitly superseded in writing.

Client Responsibilities

To ensure successful project delivery, clients agree to:

• Provide accurate, complete, and timely information, assets, and feedback
• Designate a primary point of contact with authority to make project decisions
• Participate in scheduled reviews, stand-ups, and approval processes
• Make payments according to the agreed billing schedule
• Promptly notify Buraq of any changes to requirements or project scope

Prohibited Use

You may not use Buraq’s services or any deliverables to:

• Engage in any illegal, fraudulent, or harmful activity
• Build products that violate applicable US federal or state laws
• Infringe upon the intellectual property rights of any third party
• Distribute malware, spam, or any harmful software
• Circumvent, disable, or interfere with security-related features of any system

Ownership of Deliverables

Upon receipt of full and final payment for a project, and subject to the terms in the applicable SOW, Buraq assigns to the client all rights, title, and interest in the custom-developed deliverables created specifically for that engagement.

Retained Rights

Buraq retains ownership of all pre-existing intellectual property, including internal frameworks, boilerplate code, proprietary tools, methodologies, and reusable components incorporated into deliverables. Clients receive a perpetual, non-exclusive license to use such components within the context of the delivered project.

Buraq may showcase completed projects in its portfolio, case studies, and marketing materials unless the client requests otherwise in writing prior to project launch.

Unless otherwise specified in a project agreement, the following payment terms apply:

• A non-refundable deposit (typically 30–50% of the total project fee) is required before work commences
• Milestone payments are due upon delivery and approval of each project phase
• Final payment is due prior to deployment of deliverables to production or transfer of final files
• All invoices are due within 14 days of issuance unless otherwise agreed
• Overdue payments accrue interest at 1.5% per month (18% per annum) after the grace period
• Buraq reserves the right to pause work on overdue accounts without liability

Out-of-Scope Work

Work requested outside the agreed project scope will be quoted separately and requires written approval before proceeding. Verbal approvals do not constitute authorization for billable out-of-scope work.

Both parties agree to hold in strict confidence any non-public proprietary, technical, business, or financial information disclosed during the course of the engagement (‘Confidential Information’). This obligation survives termination of the project for a period of three (3) years.

• Confidential Information does not include information that is publicly known, independently developed, or lawfully received from a third party
• Either party may disclose Confidential Information to the extent required by law or court order, provided the disclosing party gives reasonable prior written notice to the other party
• Confidential information shall only be shared internally on a need-to-know basis

Disclaimer of Warranties

Our services are provided ‘as is’ and ‘as available’ without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Damages

To the maximum extent permitted by applicable law, in no event shall Buraq be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data loss, or business interruption) arising out of or related to these Terms or our services.

Buraq’s total aggregate liability for any claims arising from a specific project shall not exceed the total fees paid by the client to Buraq for that specific project during the twelve (12) months preceding the claim.

Termination by Client

Clients may terminate a project engagement with 14 days’ written notice. The client shall pay for all work completed up to the termination date, including any non-recoverable costs incurred. The deposit and any milestone payments already made are non-refundable.

Termination by Buraq

Buraq may terminate an engagement immediately upon written notice if the client: fails to make payment when due, materially breaches these Terms or the project agreement, engages in abusive, harassing, or unethical conduct, or becomes insolvent.

Effect of Termination

Upon termination, Buraq will deliver all completed work product to the client in a reasonable format. Provisions regarding intellectual property, confidentiality, payment obligations, limitation of liability, and governing law survive termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms or any services provided by Buraq shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English. Each party shall bear its own costs unless the arbitrator awards otherwise.

You waive any right to participate in a class-action lawsuit or class-wide arbitration. This arbitration agreement does not prevent either party from seeking emergency injunctive relief from a court of competent jurisdiction.

Right to Modify

Buraq reserves the right to modify these Terms at any time. We will update the ‘Last Updated’ date and, for material changes, provide notice via email or a prominent website notice. Continued use of our services after changes constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.

Entire Agreement

These Terms, together with any applicable project agreements and statements of work, constitute the entire agreement between you and Buraq with respect to the subject matter herein, and supersede all prior negotiations, representations, or agreements.