Terms of Service

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These Terms of Service (“Terms”) govern (a) your access to and use of the website dreamservicesoftware.com (the “Site”), and (b) if you are a customer under a signed agreement, order form, or statement of work with us that incorporates these Terms by reference (an “Agreement”), your engagement with Quacito, d/b/a Dream Service Software (“Dream Service Software,” “we,” “us,” or “our”) for that Agreement. By accessing or using the Site, or by entering into an Agreement that references these Terms, you agree to these Terms. If you do not agree, do not use the Site and do not enter into an Agreement that references these Terms.

If you are a customer, your Agreement’s specific commercial terms — pricing, payment schedule, project scope and deliverables, and effective date — are set out in that Agreement itself and control over any conflicting general statement in these Terms. Everything else about the engagement not addressed in your Agreement is governed by these Terms.

Use of the Site

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own informational and business-evaluation purposes, subject to these Terms.

You agree not to:

  • use the Site in violation of any law or these Terms;
  • copy, reproduce, republish, or resell any part of the Site except as expressly permitted;
  • attempt to gain unauthorized access to the Site or its systems, or interfere with or disrupt the Site;
  • introduce malware or use bots, scrapers, or other automated means to access the Site without our permission; or
  • use the Site to infringe the rights of others.

Payment terms

If you are a customer, payment for a Project is due as set out in your Agreement. Except as your Agreement states otherwise: we will submit an invoice upon completion of the Project or the applicable milestone; invoices are due within fourteen (14) days of receipt; a payment more than fourteen (14) days past due may accrue an additional 5% penalty per month of delinquency; and you agree to pay our reasonable costs of collection, including attorneys’ fees, if collection becomes necessary. If your Agreement is terminated before final acceptance of the Project, any retainer paid is non-refundable, and you remain responsible for amounts owed beyond the retainer as set out in your Agreement.

Development of a Project

If your Agreement covers a custom software or web/mobile development project (a “Project”), the following applies alongside your Agreement’s specific scope and schedule:

  • Material you supply. You will provide all text, graphics, and other content for the Project (“Your Material”) within fourteen (14) calendar days of the Project kickoff meeting, unless your Agreement states a different timeline, using any secure method we specify. If Your Material is not received on time, we may charge a daily fee to offset lost scheduling capacity, or terminate the Agreement; we are not responsible for delays caused by late delivery of Your Material.
  • Adaptation. We will adapt Your Material to substantially conform to the agreed Project design.
  • Review access. During development, we will make the Project available for your review on our staging environment.
  • Schedule. Development proceeds according to the milestones set at the Project kickoff meeting or as stated in your Agreement.
  • Feedback. Within fourteen (14) days of our request for feedback, you will tell us what changes are needed to bring the Project into conformance with your Agreement; we will implement changes within seven to fourteen (7–14) days of that notice. Within two (2) days of receiving revised work, you will flag any remaining issues; we will have another seven to fourteen (7–14) days to address them.
  • Final acceptance. After final payment, we will deliver all files, folders, and database structure to you, may help you set up on your chosen hosting, and will provide documentation and a backup copy of the completed Project.
  • Backup retention. We retain a backup copy of a completed Project for three (3) months after final acceptance (or after termination before final acceptance), after which we may delete all copies, including backups.

Publicity and credit

Unless you ask us not to (and we agree), we may place a discreet credit for our work on a Project we build for you, and may include the Project in our portfolio as an example of our work. A credit does not give us any ownership or other right in the Project.

Intellectual property

The Site and its content — including text, graphics, logos, images, and software — are owned by Dream Service Software or its licensors and are protected by intellectual-property laws. “Dream Service Software,” “Dream,” and related names and logos are our trademarks. You may not use them without our prior written permission.

If your Agreement covers a Project, we own all pre-existing tools, frameworks, code libraries, and other material we use or provide that was not created specifically for you or supplied by you (“Our Materials”). Except as your Agreement expressly allows, you will not copy, modify, distribute, sublicense, rent, reverse-engineer, decompile, or disassemble Our Materials. We grant you a non-exclusive, non-sublicensable, perpetual, worldwide license to publicly use, perform, and display the completed Project. You own all material you supply to us (“Your Material”). Nothing here transfers ownership of either party’s pre-existing third-party software or products to the other party.

Demo requests and communications

Submitting a contact or demo-request form does not create any contract or obligation on our part. Any information provided on the Site (including product descriptions and pricing indications) is for general information only and may change without notice.

Third-party links

The Site may link to third-party sites or resources. We do not control and are not responsible for their content, products, or practices, and links do not imply endorsement.

Disclaimers

The Site is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that content is accurate or current.

Project warranties

If your Agreement covers a Project, and except for Your Material and anything we’ve flagged in writing as excluded: we represent that (a) we are the sole author/creator of the Project material we deliver, (b) we have the authority to grant you the rights described in these Terms, (c) that material is free of liens or other security interests, and (d) it does not infringe a third party’s copyright, trademark, or other intellectual-property or proprietary rights. We also represent that we will develop the Project in a professional, workmanlike manner conforming to the specifications in your Agreement, and that we will provide maintenance for the completed Project at no charge for the first three (3) months after final acceptance, unless your Agreement states otherwise.

Limitation of liability

To the fullest extent permitted by law, and except for each party’s confidentiality and indemnification obligations, Dream Service Software and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from or related to your use of (or inability to use) the Site or a Project, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages. Each party’s total liability arising out of or related to these Terms or an Agreement will not exceed the amount of fees you actually paid us under the applicable Agreement in the twelve (12) months before the event giving rise to the claim (or, if you have not entered into an Agreement with us, zero dollars).

Indemnification

You agree to indemnify and hold harmless Dream Service Software from any claim or suit arising from Your Material or from your misuse of the Site or violation of these Terms; you represent and unconditionally guarantee that you own, or have permission from the rightful owner to use, each element of Your Material you give us for a Project. Except for Your Material, we agree to indemnify and hold you harmless from a third party’s claim relating to material we deliver as part of a Project, including claims of copyright infringement, trade-secret violation, invasion of privacy, defamation, or right of publicity.

Confidentiality

“Confidential Information” means business plans, marketing plans, advertising material, customer lists, business records, projections, product information, financial information, and any other information a party designates as confidential, except information that is public, was already known to the receiving party, was independently developed by the receiving party, or was received from a third party without a duty of confidentiality. We will hold your Confidential Information in strict confidence, use it only to carry out our obligations to you, share it only with our officers, employees, and agents who need it for that purpose, and not disclose it to any other third party.

Term, default, and termination

If you have an Agreement with us, it takes effect on the date stated in that Agreement. If either party materially fails to meet an obligation under an Agreement, the other party may give written notice of the default; if the default is not cured within ten (10) days of that notice, the non-defaulting party may terminate the Agreement.

Dispute resolution by mediation and/or arbitration

Any dispute arising out of or relating to your use of the Site or these Terms will be resolved through mediation and/or binding arbitration administered by the American Arbitration Association (or another arbitration association the parties agree to), rather than in court. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek preliminary or permanent injunctive relief in a court of competent jurisdiction at any time.

Governing law

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas for any dispute arising from these Terms or the Site that is not subject to arbitration above.

Attorney fees and costs

In any action or arbitration arising under these Terms, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs, including expert-witness fees, in addition to any other relief awarded. This provision survives resolution of the dispute, including entry of judgment.

Assignment

Neither we nor you may assign our respective obligations under an Agreement without the other party’s express written consent, except that we may assign or transfer these Terms or an Agreement without restriction in connection with a merger, acquisition, or sale of substantially all of our assets. If you are a customer, you may assign or sublicense your rights under your Agreement to a third party without our permission.

Time of the essence

Time is of the essence in each party’s performance of its obligations under an Agreement.

Joint drafting and neutral construction

These Terms and any Agreement incorporating them will be interpreted fairly and reasonably, and not construed against either party merely because that party prepared the language.

Severability

If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Modifications

We may update these Terms at any time by posting a revised version here with a new Effective date, as described in “Changes to these Terms” below; the current version of these Terms applies to your use of the Site and, unless your signed Agreement says otherwise, to your Project. A signed Agreement itself may only be amended by a written instrument signed by both parties.

Entire agreement

These Terms, together with any Agreement that incorporates them by reference, constitute the entire agreement between you and us regarding your use of the Site and, if applicable, your Project, and supersede prior discussions or agreements on that subject. Any oral representation or modification is not binding unless it is in a signed written amendment to your Agreement, as described in “Modifications” above.

Changes to these Terms

We may update these Terms from time to time. Changes are effective when posted here with an updated “Effective date.” Your continued use of the Site after changes are posted means you accept the revised Terms.

Contact us

Quacito, d/b/a Dream Service Software

Email: team@dreamservicesoftware.com
Phone: (210) 695-0795