Terms of Service
Last updated: January 30, 2026
These Terms of Service ("Terms") govern your access to and use of the website and services provided by 3XA Inc. ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.
Please read these Terms carefully. If you do not agree to these Terms, you may not use our website or services.
1. Acceptance of Terms
By accessing or using our website, submitting inquiries through our contact forms, or engaging us for software engineering services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
These Terms constitute a legally binding agreement between you and 3XA Inc.
2. Description of Services
3XA Inc. provides software engineering, system architecture, artificial intelligence implementation, and related technical consulting services. Our services include but are not limited to:
- Custom software development
- System architecture and infrastructure design
- AI and machine learning integration
- API development and third-party integrations
- Technical consulting and advisory services
- Code audits and performance optimization
Specific services, deliverables, timelines, and compensation are defined in separate written agreements or statements of work with individual clients.
3. Eligibility
Our services are intended for businesses and professionals. By using our services, you represent and warrant that:
- You are at least 18 years of age
- You have the legal authority to enter into binding contracts
- If representing a company, you have authority to bind that entity to these Terms
- All information you provide is accurate and complete
4. Use of Website
4.1 Permitted Use
You may use our website for lawful purposes only, including:
- Learning about our services and capabilities
- Contacting us for project inquiries
- Accessing resources and information we provide
4.2 Prohibited Use
You agree not to:
- Use our website for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the operation of our website
- Scrape, crawl, or harvest data from our website using automated means
- Upload or transmit viruses, malware, or other malicious code
- Impersonate any person or entity or misrepresent your affiliation
- Violate any applicable laws or regulations
5. Intellectual Property Rights
5.1 Our Intellectual Property
All content on our website, including text, graphics, logos, images, code, and software, is the property of 3XA Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not copy, reproduce, distribute, modify, or create derivative works from our website content without our prior written consent.
5.2 Client Work and Deliverables
Ownership of work product, source code, and intellectual property created under client engagements is governed by individual service agreements. Unless otherwise specified in writing:
- Upon full payment, clients receive ownership of custom code developed specifically for their project
- We retain ownership of pre-existing tools, frameworks, and methodologies
- We may use non-confidential learnings and techniques from projects in future work
- We may showcase work in our portfolio with client approval
6. Client Responsibilities
When engaging our services, clients agree to:
- Provide timely access to necessary systems, data, and documentation
- Designate authorized representatives for decision-making
- Provide prompt feedback and approvals as outlined in project agreements
- Make timely payments according to agreed terms
- Comply with all applicable laws and regulations
- Maintain appropriate backups of their data and systems
- Not request or require us to engage in unethical or illegal activities
7. Payment Terms
Payment terms for services are defined in individual service agreements. Unless otherwise specified:
- Invoices are payable within 30 days of issue date
- Late payments may incur interest charges of 1.5% per month or the maximum rate permitted by law
- We reserve the right to suspend services for non-payment
- Clients are responsible for all costs associated with collection of overdue accounts
All fees are exclusive of applicable taxes, which are the client's responsibility.
8. Confidentiality
8.1 Our Commitment
We treat client information as confidential and implement appropriate safeguards to protect it. We will not disclose client confidential information except:
- As required to perform our services
- With client's prior written consent
- As required by law or court order
- To our subcontractors under confidentiality obligations
8.2 Client Obligations
Clients agree to treat our proprietary methodologies, tools, and pricing as confidential information.
9. Warranties and Disclaimers
9.1 Service Warranties
We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. For any breach of this warranty reported within 30 days of delivery, our sole obligation is to re-perform the deficient services or refund fees paid for those services.
9.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES AND WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- Our website will be uninterrupted, secure, or error-free
- Defects will be corrected
- Our services will meet all client requirements or expectations
- Results obtained from our services will be accurate or reliable
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IN NO EVENT SHALL 3XA INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION
- OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM
- SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU
11. Indemnification
You agree to indemnify, defend, and hold harmless 3XA Inc., its officers, directors, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your breach of these Terms
- Your violation of any law or rights of third parties
- Your use of our services or website
- Content or data you provide to us
12. Term and Termination
12.1 Website Use
These Terms remain in effect while you use our website. We may suspend or terminate your access at any time without notice for violation of these Terms.
12.2 Service Engagements
Service engagements are governed by individual agreements. Either party may terminate for material breach with written notice and reasonable opportunity to cure. Immediate termination may occur for:
- Non-payment beyond 60 days
- Violation of confidentiality obligations
- Illegal activity or conduct
Upon termination, client remains obligated to pay for services performed through the termination date.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last updated" date. Continued use of our website after changes constitutes acceptance of modified Terms.
For existing service engagements, material changes to Terms will not apply retroactively without client consent.
14. Dispute Resolution
14.1 Informal Resolution
In the event of any dispute, parties agree to first attempt informal resolution through good-faith negotiation.
14.2 Governing Law
These Terms are governed by the laws of Spain, without regard to conflict of law principles.
14.3 Jurisdiction
Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of Spain, and parties consent to the jurisdiction of such courts.
15. Force Majeure
Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other force majeure events.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any service agreement, constitute the entire agreement between parties and supersede all prior agreements or representations.
16.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
16.5 Notices
All notices under these Terms must be in writing and sent to the email addresses provided in service agreements or to info@3xa.es.
17. Contact Information
For questions about these Terms of Service, please contact us: