Terms and Conditions of Service

01Purpose and Acceptance

These Terms and Conditions of Service (the "Terms") govern the engagement and delivery of Damorus Projects' services. Accepting a Quote constitutes acceptance of the Terms in effect on that date.

In the event of any conflict, the following prevail, in this order: the specific contract signed by the parties, the accepted Quote, and these Terms.

02Definitions

• ▸Client: the individual or entity that engages the services, whose status as a consumer is determined under applicable law.
• ▸Project: the services described in an accepted Quote.
• ▸Deliverables: the specific outputs of the Project, such as designs, websites, software, copy, or documentation.
• ▸Quote: a written proposal setting out the scope, price, payment terms, and estimated timeline of the Project.
• ▸Plan: a service tier published on the Site (Silver, Gold, or Diamond) or the Corporate tier, billed by workday.
• ▸Site: the Damorus Projects website and its associated pages.

03Scope of Services

Damorus Projects provides the services described on the Site, such as the development of websites, online stores, and custom software. The scope of each Project is exclusively that set out in the accepted Quote. The services do not constitute legal, accounting, or tax advice.

Damorus Projects will act with the professional diligence required, but, unless expressly agreed otherwise, does not guarantee commercial results such as sales, traffic, conversions, or rankings on search engines or artificial intelligence assistants. It may rely on collaborators and software tools, including artificial intelligence, under its own responsibility.

04Nature of Published Prices

Prices published on the Site, including those listed as "starting at," are reference values and do not constitute a binding offer; their equivalents in other currencies are approximate. The price actually owed is the one stated in the Quote accepted in writing, without prejudice to mandatory consumer protection law.

05Quotes, Mockups, and Scope Changes

A Quote is valid for the period stated in it or, absent that, for thirty (30) calendar days, and is deemed accepted upon the Client's written confirmation by email or messaging service, or upon payment of the deposit.

Mockups prepared at no cost before acceptance are illustrative, do not bind either party, and belong to Damorus Projects; the Client may not use them without engaging the Project. Any change in scope requires prior written agreement on its price and its effect on the timeline.

06Payments, Invoicing, Currency, and Taxes

Unless otherwise agreed, a thirty percent (30%) deposit is paid before work begins, with the balance due on delivery, or in agreed installments, in the currency and by the payment methods stated in the Quote, such as bank transfer or cryptocurrency. Payment is deemed made once it is credited in full at destination, without prejudice to legally required withholdings.

Bank or network fees and exchange-rate differences from the payment method are borne by the Client. Unless expressly stated otherwise, prices for businesses do not include taxes, and prices for consumers include them when required by law. Damorus Projects will issue the invoicing documents legally required.

07Late Payment and Suspension

Late payment accrues interest at the maximum rate permitted by law. With five (5) business days' prior written notice, Damorus Projects may suspend services, including support, enhancements, and the publication of unpaid Deliverables, until payments are brought current, without liability for doing so; timelines will be extended by the length of the suspension.

08Timelines and Deliveries

Timelines are estimates, unless the Quote designates them as essential, and run from receipt of the deposit and of the content, access, and approvals that are the Client's responsibility; delays in providing these extend the timeline accordingly.

Once delivery is confirmed, the Client has ten (10) business days to report in writing any non-conformities with what was agreed, which will be corrected at no cost; once that period passes with no comments, or once the Client uses the Deliverable in its operations, the Deliverable is deemed accepted. If the Client fails to provide what is required within sixty (60) calendar days of a written request to do so, Damorus Projects may terminate the Project and charge for the work performed.

09Client Obligations

The Client agrees to:

• ▸Provide truthful information, content, access, and approvals in a timely manner.
• ▸Ensure the lawfulness of any materials it provides, such as text, images, or trademarks, and hold the necessary licenses for them.
• ▸Comply with the law applicable to its own activity toward its own users, including data protection, consumer protection, e-commerce, and invoicing law.
• ▸Keep copies of the information it provides and safeguard its own credentials.
• ▸Hold Damorus Projects harmless against third-party claims arising from the materials it provides or from its use of the Deliverables.

10Intellectual Property

Once the full price has been paid, Damorus Projects assigns to the Client the economic rights in the Deliverables created specifically for the Project or, where assignment is not permitted by law, grants the Client an exclusive, worldwide license for the full legal term of protection, and the parties will execute any documents required by law. Until then, the Client may only use the Deliverables for review. Moral rights of authorship are retained as provided under Andean Community Decision 351 of 1993 and Law 23 of 1982 (Colombia).

Pre-existing or generic tools, components, libraries, methodologies, and know-how belonging to Damorus Projects remain its property even when incorporated into the Deliverables; the Client receives a non-exclusive, perpetual license to them, limited to use of the Project and transferable with it. Third-party components are governed by their own licenses, and there is no guarantee that elements generated with automated tools are eligible for copyright protection.

Unless a confidentiality agreement provides otherwise, Damorus Projects may reference the Project in its portfolio, including the Client's name and distinctive signs, along with images and a general description of the Deliverables.

11Hosting, Domain, and Included Enhancements

When included in the Plan, hosting, a standard-rate domain, the security certificate, and backup copies are included for the twelve (12) months following delivery, for as long as the Project remains on infrastructure that Damorus Projects manages or designates and its use is reasonable; usage beyond the limits of third-party services will be quoted in advance.

After that period, continuing hosting, the domain, the certificate, and backups requires an annual renewal, the cost of which will be communicated to the Client at least thirty (30) calendar days in advance. If the Client does not renew, Damorus Projects may suspend those services and, at the Client's request, will provide the domain and files for migration.

Once the full price has been paid, the Client may request at any time that the domain and files be migrated to its own infrastructure, upon which the included services and the warranty over the migrated items will cease.

Included enhancements are governed by what is published for the Plan at the time the Quote is accepted, or by what the Quote itself states. They are measured in work hours, each request is estimated before it is carried out and logged, hours from one month do not carry over to the next, and unused hours are not refundable. Requests exceeding the available hours are quoted separately.

12Warranty

For the twenty-four (24) months following delivery, Damorus Projects will correct, at no cost and within a reasonable time, malfunctions in the Deliverables attributable to it, meaning anything that does not work as agreed, within the scope of the Plan engaged and the policy published in the pricing section of the Site when the Quote was accepted. New features and content changes are not defects and are handled as enhancements. This warranty does not replace the statutory warranty available to consumers.

The warranty excludes failures arising from:

• ▸Modifications made by the Client or third parties.
• ▸Improper use of the Deliverables.
• ▸Failures of external providers, such as hosting, domains, payment gateways, or messaging services.
• ▸Changes to third-party platforms or services.
• ▸Materials provided by the Client.
• ▸Force majeure or fortuitous events.

13Third-Party Services and Platforms

Payment gateways, hosting, domains, and other third-party services are governed by their own terms and are the responsibility of their providers. Damorus Projects is not liable for their failures, changes in terms or pricing, account suspensions, or decisions. Services contracted in the Client's name belong to the Client and are its own responsibility.

14Confidentiality

Each party will keep confidential the other party's non-public information it learns of in connection with the Project and will use it only to carry out the Project, during the relationship and for three (3) years afterward, or for as long as it constitutes a trade secret. Excluded are information that is public, information previously known or independently developed, and information that must be disclosed under a legal or governmental order.

15Personal Data Protection

Personal data belonging to the Client and its contacts is processed in accordance with the Privacy Policy. When Damorus Projects processes data on the Client's behalf, it will act as processor, following the Client's instructions and the corresponding data processing or transmission agreement, and the Client, as controller, will ensure it holds the necessary authorizations and legal bases.

16Limitation of Liability

To the extent permitted by law, Damorus Projects' total liability arising from each Project is limited to the amount actually paid by the Client for that Project in the twelve (12) months preceding the event giving rise to the claim. Lost profits, loss of data, revenue, or business opportunities, and indirect damages are excluded.

These limitations do not apply to willful misconduct, gross negligence, harm to life or personal safety, or any other liability that the law does not permit to be limited, including the non-waivable rights of consumers.

17Force Majeure

Neither party is liable for failures to perform caused by force majeure or fortuitous events, as defined in Article 64 of the Colombian Civil Code, including widespread infrastructure or third-party service failures. Timelines will be suspended for as long as the impediment lasts, and if it exceeds sixty (60) calendar days, either party may terminate the Project.

18Termination

Either party may terminate the Project due to a material breach by the other that is not cured within fifteen (15) business days of written notice, and the Client may terminate at any time with written notice. In every case, the Client will pay for work performed and costs committed up to termination, and any balances will be settled within the following thirty (30) days. Provisions that by their nature should survive termination will remain in effect.

19Assignment

The Client may not assign its contractual position without the prior written authorization of Damorus Projects, which the Client hereby authorizes, upon written notice, to assign its own position to an entity it forms or controls, or to any successor to its business.

20Independence of the Parties

The parties are independent contractors, and these Terms do not create an employment relationship, partnership, agency, or representation. Each party is responsible for the labor and social security obligations of its own personnel, who act under its exclusive direction, including under the Corporate tier.

21Notices

Notices will be sent by email, to Alejandro@damorus.com and to the Client's address as stated in the Quote or in its communications, and will be deemed received once they enter the recipient's information system, in accordance with Law 527 of 1999 (Colombia).

22Amicable Dispute Resolution

Before resorting to litigation, the parties will attempt to resolve their disputes through direct negotiation for thirty (30) calendar days from written notice of the dispute, without prejudice to interim relief and to consumer rights.

23Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Colombia, and disputes will be submitted to the courts of Bogotá D.C., without prejudice to the non-waivable rights that consumers have under the law of their habitual residence, including, where applicable, the right of withdrawal and the right to sue in the courts of their own domicile.

24Severability

The invalidity or unenforceability of any provision will not affect the others, and the affected provision will be replaced with a valid one that comes as close as possible to its intended purpose.

25Changes to These Terms

Damorus Projects may amend these Terms by publishing the updated version on the Site. Changes will apply to Quotes accepted afterward, and Projects already underway will continue to be governed by the version in effect when their Quote was accepted.

26Effective Date

These Terms are effective as of September 16, 2026, and supersede any prior version.