Terms of Service
Effective Date: January 1, 2026
Please read these terms carefully before using our services. By engaging with eSquall LLC, you agree to the following terms.
1. Acceptance of Terms
By accessing or using the website, services, or products provided by eSquall LLC ("eSquall", "we", "us", or "our"), you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please discontinue use of our website and services immediately. These terms apply to all visitors, clients, and anyone who accesses or uses our services.
2. Services Provided
eSquall LLC offers custom software development, web and mobile application development, AI and machine learning solutions, UI/UX design, staff augmentation, cloud services, and related technology consulting. The scope, timeline, and cost of each engagement are defined in a separate project agreement or statement of work (SOW) signed by both parties. Services are provided on a professional, best-effort basis.
3. Client Responsibilities
Clients are responsible for providing accurate, complete, and timely information, content, and feedback required for the delivery of services. Delays caused by the client's failure to provide required materials may impact project timelines and deliverables. You agree not to use our services for any unlawful, harmful, or unethical purposes, and to comply with all applicable laws and regulations.
4. Payment Terms
Payment terms, milestones, and amounts are defined in the individual project agreement. Unless otherwise stated, invoices are due within 14 days of issuance. Late payments may be subject to a late fee as specified in the project agreement. eSquall reserves the right to pause or suspend work on a project if payment obligations are not met. All prices are exclusive of applicable taxes unless stated otherwise.
5. Intellectual Property
Upon receipt of full and final payment, all custom-developed code, designs, and deliverables created specifically for the client as part of the project will be transferred to the client. eSquall retains ownership of any pre-existing tools, frameworks, libraries, and proprietary components used in the project unless explicitly agreed otherwise. eSquall reserves the right to reference the project in its portfolio for promotional purposes, unless a non-disclosure agreement (NDA) is in place.
6. Confidentiality & NDA
Both parties agree to maintain the confidentiality of all proprietary, sensitive, or non-public information shared during the course of the engagement. This includes business strategies, technical architecture, client data, and trade secrets. Where a formal NDA is signed, its terms will take precedence. Confidentiality obligations survive the termination of the service agreement.
7. Warranties & Representations
eSquall warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. We do not guarantee that software will be entirely free of bugs or errors, but we commit to resolving any reported defects within a reasonable timeframe after delivery, as defined in the project agreement. Except as expressly stated, services are provided 'as is' without warranties of any kind.
8. Limitation of Liability
To the maximum extent permitted by applicable law, eSquall LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with the use of our services. Our total liability for any claim arising from or related to the services shall not exceed the total amount paid by the client in the three (3) months preceding the claim.
9. Termination
Either party may terminate the engagement with written notice if the other party materially breaches any term of the agreement and fails to remedy the breach within 15 business days of written notice. Upon termination, the client is responsible for payment for all work completed and expenses incurred up to the termination date. eSquall will provide all completed deliverables upon receipt of outstanding payments.
10. Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, the matter may be submitted to mediation before pursuing litigation. Both parties agree this process should be followed before any formal legal action is initiated.
11. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. Any legal proceedings related to these terms shall be brought in the competent courts of Miami, Florida, USA.
12. Changes to These Terms
eSquall reserves the right to update these Terms of Service at any time. We will notify clients of material changes by updating the date at the top of this page. Your continued use of our services after changes are posted constitutes your acceptance of the updated terms. This document was last reviewed in 2026.
13. Contact Information
If you have any questions about these Terms of Service, please contact us at: Email: info@esquall.com | Phone (US): +1 (510) 998-5646 | Phone (PAK): +92 51 8743429 | Address: 7901 4TH ST N, STE 300, St. Petersburg, FL 33702, USA
Questions About Our Terms?
We're here to help clarify any aspect of our service agreement.
info@esquall.com