Terms of Service
These Terms of Service outline the terms and conditions under which MDA & Company Holdings (“PROVIDER”) provides its business development services to software companies and their CLIENTS (“CLIENT” or “CLIENTS”). By engaging with our services, you agree to the following terms. Please read them carefully.
1. Service Scope and Responsibilities
PROVIDER specializes in providing comprehensive business development services for software companies. Our services include, but are not limited to, market analysis, strategy development, partnership facilitation, sales pipeline creation, and the active implementation of growth strategies. We work closely with our CLIENTS to execute the strategies we recommend, ensuring alignment with their business goals.
While PROVIDER takes an active role in implementing these strategies, CLIENTS are guaranteed business opportunities only as explicitly specified in their exclusive contract with us. We do not guarantee specific financial outcomes, revenue targets, or performance metrics beyond the terms outlined in the contract. Our services are designed to support growth, but results may vary based on market conditions, CLIENT execution, and other external factors.
Testimonials, case studies, or examples of past performance shared by PROVIDER are for illustrative purposes only and are not indicative of future results. Each CLIENT’s experience is unique, and success depends on a variety of factors beyond our control.
2. Client Responsibilities
While PROVIDER actively implements strategies, CLIENTS are expected to collaborate and provide feedback throughout the engagement. Failure to do so may impact the effectiveness of our services. PROVIDER is not liable for any actions taken or not taken by the CLIENT based on our recommendations or services.
CLIENTS are responsible for providing accurate and timely information necessary for PROVIDER to deliver its services effectively. This includes, but is not limited to, business goals, financial data, product details, and market insights. CLIENTS must also ensure that all information shared with PROVIDER complies with applicable laws and regulations.
3. Third-Party Relationships
As part of our business development services, PROVIDER may facilitate introductions to third-party vendors, partners, or service providers. These relationships are intended to support the CLIENT’s growth objectives. However, PROVIDER does not control or assume responsibility for the actions, performance, or outcomes of any third-party relationships established through our services.
CLIENTS are encouraged to conduct their own due diligence before entering into agreements with third parties. PROVIDER is not liable for any disputes, damages, or losses arising from third-party relationships.
4. Intellectual Property
Any intellectual property (IP) developed by the CLIENT prior to or during the engagement remains the sole property of the CLIENT. PROVIDER does not claim ownership over CLIENT IP unless explicitly agreed upon in writing as part of a separate agreement.
PROVIDER retains ownership of any proprietary tools, methodologies, or materials developed independently and used in the delivery of our services. These materials may not be reproduced, distributed, or used without our prior written consent.
5. Confidentiality and Data Security
PROVIDER is committed to maintaining the confidentiality of all CLIENT information. We treat CLIENT data with the utmost care and implement industry-standard security measures to protect it. However, CLIENTS acknowledge that no data transmission over the internet or electronic storage is 100% secure. PROVIDER cannot guarantee absolute security of CLIENT data and is not liable for any unauthorized access, breaches, or losses.
CLIENTS are responsible for ensuring that any data shared with PROVIDER complies with applicable privacy laws and regulations. PROVIDER will not be held responsible for any legal or regulatory issues arising from the CLIENT’s data practices.
6. Limitation of Liability
PROVIDER shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to our services. This includes, but is not limited to, lost profits, lost revenue, business interruption, or reputational harm. Our liability is limited to the fees paid by the CLIENT for the specific services rendered.
PROVIDER is not responsible for any delays, failures, or disruptions in service caused by factors beyond our control, including but not limited to natural disasters, pandemics, cyberattacks, or changes in market conditions.
7. Compliance with Laws
CLIENTS are responsible for ensuring compliance with all applicable laws, regulations, and industry standards related to their business operations. PROVIDER does not provide legal advice and is not responsible for any legal or regulatory issues arising from the CLIENT’s activities.
8. Termination of Services
Either party may terminate the engagement with written notice. Upon termination, the CLIENT is responsible for payment of all services rendered up to the termination date. PROVIDER will provide a final report summarizing the work completed and any outstanding deliverables.
9. Changes to Terms
PROVIDER reserves the right to update or modify these Terms of Service at any time. Significant changes will be communicated to CLIENTS via email or through our website. Continued use of our services after such changes constitutes acceptance of the updated terms.
10. No Equity or Ownership Claims
PROVIDER does not seek equity, ownership, or control over CLIENT companies unless explicitly agreed upon in writing as part of a separate agreement. Our focus is solely on providing business development services to support growth.
11. Governing Law and Dispute Resolution
These Terms of Service are governed by the laws of the United States. Any disputes arising out of or related to these terms shall be resolved through good-faith negotiations. If a resolution cannot be reached, disputes may be submitted to binding arbitration in accordance with the rules of the United States Court System.
12. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at:
Email: help@mdancompany.com