Terms & Conditions

1. Acceptance of Terms

By accessing our website (www.maccoxe.com), signing a Master Service Agreement (MSA), Statement of Work (SOW), or engaging MACCO XE for any software development, design, or consulting services, you agree to be bound by these Terms and Conditions.

If you are entering into these Terms on behalf of a company, corporation, or other legal entity, you represent that you have the legal authority to bind that entity to these Terms. If you do not agree with all of these terms, you are expressly prohibited from using our services and must discontinue use immediately.

2. Key Definitions

• label"Company" refers to MACCO XE, its subsidiaries, developers, and official representatives.
• label"Client" refers to the business, entity, or individual purchasing services from MACCO XE.
• label"Deliverables" means the software, code, applications, websites, or digital assets created and provided to the Client.
• label"SOW" (Statement of Work) is the official document detailing the specific project scope, timelines, and costs agreed upon by both parties.

3. Scope of Services

MACCO XE provides premium B2B software engineering services, including but not limited to Mobile App Development (iOS/Android), Enterprise ERP/CRM Systems, Web3 & Blockchain Development, eSports/iGaming platforms, and UI/UX Design.

The exact scope of services for your specific project will be defined exclusively in the executed Statement of Work (SOW). Any features, revisions, or functionalities requested outside the approved SOW will be considered "Scope Creep" and will require a formal Change Request and additional billing.

4. Client Responsibilities

To ensure the successful and timely delivery of the project, the Client agrees to:

• Provide clear, accurate, and comprehensive project requirements during the discovery phase.
• Deliver all necessary assets (logos, brand guidelines, API keys, third-party server access) in a timely manner.
• Provide timely feedback and approvals on milestones. Delays in client feedback exceeding 5 business days may result in paused development and adjusted delivery timelines.
• Ensure they own the legal rights to any media, data, or proprietary logic they provide to MACCO XE for integration into the software.

5. Intellectual Property Rights (IP)

Pre-Existing Materials: MACCO XE retains ownership of all pre-existing libraries, frameworks, open-source code integrations, and foundational boilerplates used to build the software. We grant the Client a perpetual, royalty-free, non-exclusive license to use these pre-existing materials strictly as part of the final Deliverable.

Portfolio Rights: Unless a strict "White-Label/Ghost-Dev" NDA is signed, MACCO XE reserves the right to display the final project (excluding sensitive data or source code) in our corporate portfolio and marketing materials as proof of work.

6. Payment & Billing Terms

• Milestone Payments: Development is billed in structured milestones. An initial non-refundable deposit (typically 30-50%) is required before project commencement.
• Invoicing: Invoices are due within 7 calendar days of receipt. MACCO XE reserves the right to pause all development and withhold source code delivery if payments are delayed.
• Late Fees: Outstanding balances exceeding 14 days will incur a late payment penalty of 1.5% per month on the total outstanding amount.
• Taxes: All project fees are exclusive of local taxes (e.g., GST, VAT). The Client is responsible for paying all applicable taxes.

7. Confidentiality & NDAs

Both parties agree to hold all confidential and proprietary information in the strictest confidence. This includes business models, algorithms, trade secrets, client lists, and pricing structures.

MACCO XE is willing to sign custom Non-Disclosure Agreements (NDAs) provided by the Client prior to any discovery calls or sharing of proprietary project details. Confidentiality obligations survive the termination of this agreement.

8. Warranties & Disclaimers

MACCO XE warrants that the Deliverables will function substantially in accordance with the specifications outlined in the SOW for a warranty period of thirty (30) days post-launch. During this period, we will fix any critical bugs related to our code free of charge.

DISCLAIMER: EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, MACCO XE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE COMPLETELY ERROR-FREE OR INVULNERABLE TO HACKING.

9. Limitation of Liability

In no event shall MACCO XE, its directors, employees, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of the use or inability to use the delivered software.

MACCO XE's total cumulative liability to the Client for any claims arising out of the project shall under no circumstances exceed the total amount paid by the Client to MACCO XE during the twelve (12) months preceding the claim.

10. Term & Termination

Either party may terminate the agreement providing 15 days written notice if the other party breaches a material term of the agreement and fails to cure it.

Upon termination, the Client shall pay MACCO XE for all work completed and hours logged up to the date of termination. If terminated by the Client without cause, the initial deposit remains non-refundable.

11. Force Majeure

Neither party shall be held liable for any failure or delay in fulfilling their obligations (excluding payment obligations) due to events beyond their reasonable control. This includes natural disasters, pandemics, acts of God, war, terrorism, catastrophic server/AWS outages, or government actions.

12. Non-Solicitation

During the term of the agreement and for a period of twelve (12) months thereafter, the Client agrees not to directly or indirectly solicit, recruit, or hire any employee, developer, or contractor of MACCO XE without our prior written consent.

13. Governing Law & Jurisdiction

These Terms and Conditions, and any disputes arising out of them, shall be governed by and construed in accordance with the laws of the Republic of India.

Any legal action, suit, or proceeding arising out of or related to this agreement shall be instituted exclusively in the federal or state courts located in New Delhi / Noida, Uttar Pradesh.

14. Modifications to Terms

MACCO XE reserves the right, at our sole discretion, to modify, alter, or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access our services after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Information

If you have any questions or require clarification regarding these Terms and Conditions before signing an agreement, please contact our legal department: