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Terms of Service

Last Updated: October 24, 2025

1. Acceptance of Terms

Welcome to OrthoArc. By accessing or using our website (orthoarc.com) and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and OrthoArc.

2. Description of Services

OrthoArc provides digital solutions including:

• Custom website development
• Mobile application development (iOS and Android)
• Web application development
• E-commerce solutions
• Platform customization and integration
• Solution enhancement and optimization

Specific services and deliverables will be defined in individual project agreements.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

4. User Accounts and Registration

While our website does not currently require account creation, future features may include user accounts. If you create an account:

• You are responsible for maintaining the confidentiality of your credentials
• You are responsible for all activities under your account
• You must provide accurate and complete information
• You must notify us immediately of any unauthorized access

5. Use of Website and Services

5.1 Permitted Use

You may use our website and services for lawful purposes only. You agree to:

• Comply with all applicable laws and regulations
• Respect intellectual property rights
• Provide accurate information when contacting us
• Use our interactive demos and calculators in good faith

5.2 Prohibited Activities

You may NOT:

• Use our services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems
• Transmit viruses, malware, or harmful code
• Scrape, crawl, or harvest data from our website
• Interfere with or disrupt our services
• Impersonate any person or entity
• Submit false or misleading information
• Use our services to spam or harass others
• Reverse engineer or attempt to extract source code

6. Project Agreements and Scope

All development projects require a separate written agreement that will specify:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Intellectual property rights
• Warranties and support terms

Project quotes provided through our website calculator are estimates only and not binding offers.

7. Payment Terms

For projects and services:

• Payment terms will be specified in individual project agreements
• All prices are in South African Rand (ZAR) or US Dollars (USD) as specified
• Payment is typically structured as deposits and milestone payments
• Late payments may incur interest charges
• We reserve the right to suspend services for non-payment

8. Intellectual Property Rights

8.1 Our Intellectual Property

All content on our website, including but not limited to:

• Text, graphics, logos, and images
• Software and code
• Design elements and layouts
• Trademarks and brand materials

are owned by or licensed to OrthoArc and protected by copyright, trademark, and other intellectual property laws.

8.2 Project Deliverables

Intellectual property rights for project deliverables will be specified in individual project agreements. Typically:

• Upon full payment, clients receive ownership of custom code and designs created specifically for their project
• OrthoArc retains rights to reusable components, frameworks, and tools
• Third-party components remain subject to their respective licenses

9. Warranties and Disclaimers

9.1 Limited Warranty

For development projects, we warrant that:

• Services will be performed in a professional manner
• Deliverables will substantially conform to agreed specifications
• We have the right to provide the services

9.2 Disclaimer

**OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.** We disclaim all warranties including:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy or completeness of content

The website calculators and demos are for illustrative purposes only and do not constitute binding quotes or commitments.

10. Limitation of Liability

**TO THE MAXIMUM EXTENT PERMITTED BY LAW:**

• OrthoArc shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim
• We are not liable for losses caused by third-party services, hosting providers, or internet connectivity issues

11. Indemnification

You agree to indemnify, defend, and hold harmless OrthoArc and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of third parties
• Content you provide to us

12. Confidentiality

Both parties agree to:

• Keep confidential information disclosed during projects confidential
• Use confidential information only for the purposes of the project
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request

Confidential information does not include publicly available information or information independently developed.

13. Termination

We may terminate or suspend your access to our services immediately, without notice, for:

• Breach of these Terms
• Illegal or fraudulent activity
• At our sole discretion for business reasons

Project-specific termination rights will be defined in individual agreements.

14. Third-Party Services and Links

Our website may contain links to third-party websites or integrate third-party services. We are not responsible for:

• The content or practices of third-party sites
• The availability or performance of third-party services
• Your interactions with third parties

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of South Africa. Any disputes shall be resolved through:

• **Negotiation:** Good faith negotiations between parties
• **Mediation:** If negotiation fails, non-binding mediation
• **Arbitration:** Binding arbitration under South African law
• **Jurisdiction:** Courts of Gauteng, South Africa

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and OrthoArc regarding the use of our services.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

21. Contact Information

For questions about these Terms, please contact us:

• **Email:** [email protected]
• **Website:** orthoarc.com
• **Address:** Johannesburg, Gauteng, South Africa

By using OrthoArc's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.