Terms & Conditions
for heymaia
Effective Date: April 2025
These Terms and Conditions (“Terms”) govern your use of the services provided by heymaia (“we,” “us,” “our”), a Mexican‑based software development agency. By signing a proposal, accepting a quotation or otherwise engaging our services, you (“you,” “Client”) agree to these Terms. If you have any questions or need further clarification, please contact us at [email protected].
Who We Are
Our website address is https://heymaia.io. We specialize in custom software development and web‑based solutions tailored to your unique requirements.
Scope of Services
All work to be performed, deliverables and timing will be set forth in a written quotation or proposal (“Proposal”). Proposals may cover web‑site development projects or custom software engagements; each Proposal is subject to its own specific terms, including deliverables, milestones and resources assigned.
Client Responsibilities
a. You agree to provide timely access to any systems, credentials, content, materials or personnel reasonably required to perform the work.
b. You agree to attend scheduled meetings, review deliverables and provide feedback or approvals in a timely manner.
c. If you fail to respond or supply required information for more than twelve (12) business days, heymaia One may suspend work; continued inactivity may be treated as project termination under Section 8.
Payment Terms
a. Deposit and Milestones: Unless otherwise agreed in writing, a deposit of thirty percent (30%) of the total Project fee is due upon Proposal acceptance. A second payment of twenty percent (20%) is due upon delivery of the first major milestone or at the Project’s midpoint. The remaining fifty percent (50%) is due upon final delivery and acceptance.
b. Long‑Term Projects: For engagements longer than three months, we may invoice monthly for services rendered; payment is due within five (5) business days of invoice date.
c. Late Payments: Invoices unpaid more than five (5) business days past due will incur a late fee of two percent (2%) of the overdue amount per month or the maximum permitted by law, whichever is lower.
d. All rates quoted are inclusive of VAT and applicable taxes, unless otherwise indicated.
Project Timeline and Changes
a. Estimated Delivery: All delivery dates in Proposals are estimates and may be adjusted for factors outside our control (for example: scope changes, third‑party service delays, or unexpected technical challenges).
b. Change Requests: Any request for changes after Proposal acceptance must be submitted in writing via our Change Request form. We will evaluate the impact on price and schedule and, if agreed, issue a Change Order before proceeding.
Intellectual Property
a. Upon full payment of all fees, heymaia One assigns to you all right, title and interest in the delivered source code, designs and documentation developed under the Proposal.
b. heymaia One retains the right to showcase the work in its portfolio and marketing materials.
Confidentiality
Each party agrees to keep confidential all non‑public information of the other party (“Confidential Information”) and to use it only for the performance of these Terms. This obligation survives termination of the engagement.
Termination
a. By Client: You may terminate the Project by providing at least five (5) business days’ written notice. In that event, the initial deposit is non‑refundable; heymaia One will refund fifty percent (50%) of any prepaid fees covering unworked hours.
b. By heymaia One: We may terminate by providing five (5) business days’ written notice and refund one hundred percent (100%) of any prepaid but unearned fees. In certain cases, initial deposit is non‑refundable.
c. Upon termination, you will pay for all work performed up to the termination date and any non‑cancelable expenses incurred on your behalf.
Warranty and Disclaimer
heymaia One warrants that services will be performed with reasonable skill and care. Except as set forth herein, services are provided “as is” and we disclaim all other warranties, express or implied, including merchantability or fitness for a particular purpose.
Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special or consequential damages, lost profits or business interruption. Our total liability for any claim arising under these Terms will not exceed the total fees paid by you for the relevant Project.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the United Mexican States. Any dispute will be resolved by binding arbitration in Tijuana, Baja California, in accordance with the Commercial Arbitration Rules of the Mexican Arbitration Center (CAM).
Entire Agreement
These Terms, together with any mutually signed Proposal and Change Orders, constitute the entire agreement between you and heymaia One and supersede all prior understandings.
Modifications to the Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time, without prior notice. It is the user’s responsibility to periodically review this page to stay informed of any changes. Continued use of the website or our services after any modifications constitutes acceptance of those changes.
