Terms of Service — Seva Systems

1. Introduction and Acceptance of Terms

These Terms of Service (the "Terms") govern your access to and use of the website located at https://www.sevasystems.io (the "Site"), and any related services, features, content, subscription plans, or applications offered by SEVA Systems LLC ("SEVA," "we," "us," or "our") through the Site (collectively, the "Services").

These Terms apply to your general use of the Site and to any subscription-based maintenance, hosting, or support plans made available through the Site. Custom website design and development projects are governed by a separate signed Statement of Work or Master Services Agreement between you and SEVA (the "Project Agreement"), which will control over these Terms in the event of a conflict specific to that engagement. If no Project Agreement exists for a given engagement, these Terms apply by default.

By checking the acceptance box, clicking "I Agree," or otherwise affirmatively indicating your acceptance during account registration or checkout, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Services.

You must be at least 18 years old to accept these Terms on your own behalf. If you accept on behalf of a company or other legal entity, you represent that you are at least 18 years old and have the authority to bind that entity. SEVA does not knowingly offer the Services to, or enter into any agreement with, individuals under the age of 18.

We are a website design and development agency providing custom project-based services as well as ongoing maintenance and hosting plans. This is a legal document. Please read it carefully.

2. Account Registration and Security

To access certain features of the Services, including the SEVA client portal for managing your projects, files, and communications, you must register for an account. You must be at least 18 years old to create an account with SEVA. SEVA does not knowingly permit account registration by, or provide the Services to, any individual under the age of 18. If SEVA becomes aware that an account was created or is being used by a person under 18, SEVA reserves the right to immediately suspend or terminate that account and treat any resulting agreement as void.

When you register, you agree to provide accurate, current, and complete information, and to keep that information up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you suspect any unauthorized use of your account, you must notify SEVA immediately at support@sevasystems.io. Our liability in connection with account security is addressed in Section 9 (Limitation of Liability).

You may not use another person's account without their express permission.

Any suspension, termination, or compromise of your account does not affect your obligations, or SEVA's obligations, under a separate Project Agreement governing a specific engagement, including payment obligations and the delivery of paid work.

3. User-Generated Content

3.1 Project Content

Through the Services, you may submit content such as project briefs, assets, files, feedback, and communications in connection with your engagement ("Project Content"). You retain all intellectual property rights you hold in your Project Content; SEVA does not claim ownership over it.

By submitting Project Content, you grant SEVA a limited, non-exclusive license to access, store, copy, and use that content solely as necessary to provide the Services, including delivering your project, communicating with your assigned team, and maintaining backups. This license does not permit SEVA to publicly display, distribute, or otherwise exploit your Project Content, and does not override SEVA's confidentiality obligations regarding client information.

3.2 Public Content

From time to time, SEVA may invite clients to participate in a testimonial, case study, or partner- recognition program as part of their engagement ("Public Content"). This is not a self-service or open submission feature. Clients do not initiate it, and no license is granted simply by using the Services. Any use of your name, project details, results, or feedback in SEVA's marketing materials or on the Site requires your separate, specific written permission obtained at the time of the request. Nothing in these Terms grants SEVA any right to publish Public Content in the absence of that permission.

3.3 Your Responsibility

You are solely responsible for all Project Content you submit. You represent that you either own it outright or hold all rights necessary to submit it, and that it does not infringe any third party's rights or violate any applicable law.

3.4 Removal of Content

SEVA will not remove or alter Project Content except as necessary to provide the Services or as required by the applicable Project Agreement. Project Content that violates applicable law, or that SEVA reasonably determines is illegal, infringing, or malicious, may be removed or access restricted by SEVA at any time, regardless of whether SEVA's Acceptable Use Policy has been published.

3.5 Copyright Infringement Notices (DMCA)

SEVA responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe content hosted through the Services infringes your copyright, submit a written notice to SEVA's designated agent at legal@sevasystems.io, including:

(a) a physical or electronic signature of the copyright owner or authorized representative;
(b) identification of the copyrighted work claimed to be infringed;
(c) identification of the material claimed to be infringing and information reasonably sufficient to locate it;
(d) your contact information;
(e) a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner's behalf.

Upon receiving a compliant notice, SEVA will expeditiously remove or disable access to the identified material and notify the client responsible for it. That client may submit a counter-notice under the DMCA if they believe the material was removed in error; SEVA will process counter- notices in accordance with the DMCA's requirements and timelines.

SEVA will terminate, in appropriate circumstances, the accounts of clients determined to be repeat infringers.

4. Payment Terms

4.1 Project Fees and Deposits

Custom project engagements require a deposit equal to fifty percent (50%) of the total project fee, due before work begins. The remaining fifty percent (50%) is due upon completion of the agreed deliverables, prior to delivery of final files and before any transfer of ownership or license rights, as described in Section 5. Where a Project Agreement is in place, the procedure for determining completion of deliverables and triggering final payment, including the Certificate of Acceptance, is governed by that Project Agreement.

4.2 Subscription and Recurring Services

SEVA offers certain services on a recurring, subscription basis, including hosting and maintenance plans. By selecting a recurring plan, you authorize SEVA to charge your payment method on the applicable billing cycle at the then-current rate for your selected plan. Recurring plans renew automatically until cancelled and may be cancelled independently of any other services you have with SEVA, including hosting or an active project.

4.3 Payment Processing

Payments are processed through SEVA's third-party payment processor, Stripe. Development invoices exceeding $3,000 USD must be paid by ACH bank transfer, or by international wire transfer where the client does not have access to a U.S. bank account. Refunds for payments made by international wire transfer are not processed through Stripe and are handled manually by SEVA. By making a payment, you agree to be bound by Stripe's applicable terms and conditions.

SEVA is not responsible for errors, delays, or issues arising from Stripe or any other third-party payment processor.

4.4 Price Changes

SEVA may change its published rates for recurring plans at any time, with reasonable prior notice.

Continued use of a recurring plan after a price change takes effect constitutes acceptance of the new price. Fees agreed in an executed Project Agreement are fixed for that engagement and will not change, regardless of any subsequent changes to SEVA's published rates.

For domain registrations specifically, SEVA will provide notice of an upcoming domain expiration at least twice, once approximately 30 days before expiration and once approximately 7 days before expiration, consistent with applicable registrar policy. This notice requirement is in addition to, and more specific than, the general notice described above.

4.5 Cancellations and Refunds

Subscription and recurring plans: You may cancel at any time; cancellation takes effect at the end of the current billing cycle. SEVA does not offer refunds for partial billing periods or unused service, except where required by law.

Project deposits: Deposits are non-refundable once paid.

Where SEVA fails to perform any work on a project despite having received all client materials, approvals, and access reasonably required to begin or continue the engagement, the deposit becomes refundable. This does not apply where non-performance results from circumstances addressed under Section 11.4 (Project Inactivity).

Domain registrations: Domain registration and renewal fees are governed by SEVA's Domain Registration Policy, and are non-refundable.

4.6 Payment Reversals

If a payment to SEVA is reversed, disputed, or charged back after Client Deliverables have been assigned under Section 5.1, or after Services have been provided, SEVA may suspend your access to the Services, including hosting and the client portal, until the disputed amount is resolved. If the chargeback is upheld, any ownership or license rights assigned or granted in reliance on that payment automatically revert to SEVA, and you remain liable for the full amount owed, together with any fees SEVA incurs as a result of the chargeback. SEVA reserves the right to pursue collection or legal action to recover any amount owed under this Section, and you agree to reimburse SEVA's reasonable attorneys' fees and court costs incurred in that collection effort.

5. Intellectual Property Rights

5.1 Client Deliverables

Upon SEVA's receipt of final payment in full for a project engagement, SEVA assigns to the client all right, title, and interest in the custom website, software, or other work product built specifically for that client under the applicable Project Agreement (the "Client Deliverables"). SEVA retains no ownership interest in Client Deliverables once assigned. The client may host, modify, extend, or transfer Client Deliverables to any developer or platform of their choosing. The process for determining final payment, including any Certificate of Acceptance, is set out in the applicable Project Agreement.

Prior to full and final payment, Client Deliverables remain the property of SEVA, and no license or ownership rights are granted to the client.

5.2 SEVA Framework

Client Deliverables may incorporate generic, reusable components, tools, or architecture that SEVA developed independently of any specific client engagement (the "SEVA Framework"), including but not limited to authentication systems, dashboard architecture, and backend infrastructure patterns. SEVA retains ownership of the SEVA Framework at all times. Upon assignment of the Client Deliverables under Section 5.1, SEVA grants the client a perpetual, royalty-free, non-exclusive license to use the SEVA Framework solely as embedded within their Client Deliverables. This license does not permit the client to extract, license, resell, or distribute the SEVA Framework separately from their Client Deliverables.

5.3 Residual Knowledge

Nothing in this Section restricts SEVA from using general knowledge, skills, techniques, or generic technical patterns (such as authentication systems, dashboard architecture, or backend infrastructure patterns) acquired or developed in the course of providing the Services. This does not extend to the client's specific business model, product concept, unique solution design, or proprietary business logic. SEVA will not replicate, repackage, or resell a client's unique solution, in whole or substantial part, to any other party.

5.4 Third-Party and Open-Source Components

Client Deliverables and the SEVA Framework may incorporate open-source software or third- party licensed components. SEVA's assignment and license grants under this Section apply only to SEVA's original work product and do not transfer or grant any rights beyond those SEVA itself holds in such third-party or open-source components, which remain governed by their own applicable licenses.

5.5 SEVA Site and Portal IP

The SEVA Admin Portal, CMS, client portal, and all associated tools, features, and functionality made available to clients for project management, communication, and progress tracking (excluding Client Deliverables) are and remain the exclusive property of SEVA. Client access to these tools is provided solely for the purpose of the Services and does not transfer any ownership interest, regardless of payment status.

SEVA's trademarks, trade dress, and site content may not be used in connection with any product or service without SEVA's prior written consent.

6. Third-Party Services and Links

The Site may link to third-party websites. The Services may also rely on third-party platforms or technologies that are not owned or controlled by SEVA.

Outbound links. The Site may contain links to third-party websites. SEVA does not control and is not responsible for the content, availability, or practices of any linked third-party site. Visiting a linked site is at your own discretion and risk.

Underlying Technology. Certain features of the Services rely on third-party technology operating under SEVA's branding as part of the platform experience. Where SEVA's own team can resolve a disruption, it will make reasonable efforts to do so. Where a disruption originates from an underlying third-party provider, SEVA's ability to resolve it depends on that provider, and SEVA does not guarantee any specific response time or resolution timeline. Liability related to service interruptions is addressed in Section 9 (Limitation of Liability).

Analytics and advertising. SEVA may use third-party analytics and advertising technologies in connection with the Site. Details on data collection and use are set out in SEVA's Privacy Policy.

7. Marketing Communications

This section governs marketing communications sent by SEVA to you as a client of SEVA's Services.

Creating a portal account or engaging SEVA's Services does not, by itself, enroll you in marketing communications. If you wish to receive marketing emails and newsletters from SEVA, including information about new features, promotions, or other news related to SEVA's Services, you may opt in separately at account creation or at any time thereafter through your account settings.

Regardless of your marketing preferences, SEVA will continue to send communications necessary to your account and active engagements, including project updates, invoices and billing, contract notices, and technical or support communications.

You may withdraw your consent and opt out of marketing communications at any time by following the unsubscribe link provided in the emails or by adjusting your notification settings within your account. SEVA will honor opt-out requests within 10 business days. Opting out of marketing communications does not affect your access to the Services or any non-promotional communications, such as those related to your account, active projects, or technical support, which SEVA may continue to send as necessary to deliver the Services.

8. Disclaimers

8.1 STANDARD OF PERFORMANCE

SEVA WILL PERFORM THE SERVICES IN A PROFESSIONAL AND WORKMANLIKE MANNER, CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY STANDARDS. THIS STANDARD DOES NOT GUARANTEE ANY SPECIFIC OUTCOME, RESULT, OR BUSINESS PERFORMANCE FROM USE OF THE SERVICES OR ANY CLIENT DELIVERABLE.

8.2 SITE AND GENERAL SERVICES

YOUR USE OF THE SITE AND GENERAL SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY STATED IN SECTION 8.1, 8.3, OR 8.4, THE SITE AND GENERAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SEVA MAKES NO WARRANTY THAT THE SITE OR GENERAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS OBTAINED THROUGH THEIR USE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SEVA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8.3 CLIENT DELIVERABLES

SEVA MAKES NO WARRANTY REGARDING CLIENT DELIVERABLES EXCEPT AS EXPRESSLY STATED IN THE APPLICABLE PROJECT AGREEMENT, INCLUDING ANY DELIVERABLE WARRANTY SET OUT IN THAT AGREEMENT. ANY SUCH WARRANTY IS VOID IF THE CLIENT DELIVERABLE IS MODIFIED BY THE CLIENT OR A THIRD PARTY OUTSIDE THE SCOPE OF THAT PROJECT AGREEMENT.

8.4 HOSTING SERVICES

IF SEVA PROVIDES HOSTING UNDER A PAID HOSTING PLAN, THE PLAN IS SUBJECT TO THE UPTIME COMMITMENT STATED IN THE HOSTING PLAN DESCRIPTION AT THE TIME OF PURCHASE. SEVA MAKES NO UPTIME OR AVAILABILITY WARRANTY FOR HOSTING BEYOND WHAT IS EXPRESSLY STATED IN THAT PLAN DESCRIPTION. HOSTING RESOURCES DESCRIBED AS "UNMETERED" OR "UNLIMITED" ARE SUBJECT TO THE FAIR- USE LIMITS SET OUT IN SEVA'S ACCEPTABLE USE POLICY. WHERE A HOSTING PLAN INCLUDES EMAIL MAILBOXES, EACH MAILBOX IS SUBJECT TO THE STORAGE LIMIT STATED IN THE APPLICABLE HOSTING PLAN DESCRIPTION, AND ITEMS IN THE TRASH OR SPAM FOLDERS ARE AUTOMATICALLY DELETED AFTER 30 DAYS. WHILE SEVA MAINTAINS AUTOMATED BACKUPS AS PART OF ITS HOSTING INFRASTRUCTURE, SEVA DOES NOT WARRANT AGAINST DATA LOSS AND RECOMMENDS THAT CLIENTS MAINTAIN THEIR OWN INDEPENDENT COPIES OF CRITICAL CONTENT AND DATA.

8.5 JURISDICTIONAL LIMITS

THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WHERE THE LAW OF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED.

8.6 ACCEPTABLE USE

USE OF THE SERVICES, INCLUDING HOSTING AND THE CLIENT PORTAL, IS SUBJECT TO SEVA'S ACCEPTABLE USE POLICY, INCORPORATED INTO THESE TERMS BY REFERENCE.

SEVA'S ACCEPTABLE USE POLICY GOVERNS PROHIBITED CONTENT AND CONDUCT, INCLUDING ILLEGAL, INFRINGING, OR MALICIOUS USE OF THE SERVICES, AND SETS FAIR-USE LIMITS ON HOSTING RESOURCES SUCH AS BANDWIDTH AND STORAGE TO MAINTAIN SERVICE QUALITY ACROSS ALL CLIENTS ON SHARED INFRASTRUCTURE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF SEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SEVA'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM A PROJECT ENGAGEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THE APPLICABLE PROJECT AGREEMENT. SEVA'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM A SUBSCRIPTION OR HOSTING PLAN SHALL NOT EXCEED THE FEES PAID BY YOU FOR THAT PLAN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THIS LIMITATION DOES NOT APPLY TO: (A) SEVA'S BREACH OF ITS CONFIDENTIALITY OR DATA PRIVACY OBLIGATIONS; (B) FRAUD OR WILLFUL MISCONDUCT BY EITHER PARTY;

THIS LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND SEVA.

10. Indemnification

10.1 Indemnification by Client

You agree to indemnify, defend, and hold harmless SEVA and its members, managers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

(a) your violation of these Terms; (b) your Project Content; (c) your breach of any representation or warranty made under these Terms; or (d) your violation of any third party's rights.

10.2 Indemnification by SEVA

SEVA agrees to indemnify, defend, and hold harmless you from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from a claim that a Client Deliverable, as delivered by SEVA, infringes a third party's intellectual property rights. This indemnification does not apply to the extent a claim arises from:

(a) content, materials, or specifications you supplied; (b) modifications to the Client Deliverable made by you or a third party; or (c) third-party or open-source components incorporated into the Client Deliverable, as described in Section 5.4.

10.3 Indemnification Procedure

The indemnified party shall promptly notify the indemnifying party in writing of any claim subject to indemnification, and shall reasonably cooperate with the indemnifying party's defense of the claim. The indemnifying party shall have control of the defense and settlement of the claim, provided that no settlement admitting fault or imposing obligations on the indemnified party shall be made without that party's written consent.

11. Termination

11.1 Termination for Breach

If either party materially breaches these Terms, the non-breaching party will provide written notice describing the breach. The breaching party will have 15 days from receipt of that notice to cure the breach. If the breach is not cured within that period, the non-breaching party may terminate the applicable Services or Project Agreement.

This cure period does not apply to breaches of confidentiality, data privacy, or instances of fraud or willful misconduct, which SEVA may treat as grounds for immediate suspension or termination without prior notice.

A security incident caused by unauthorized third-party intrusion is not treated as a breach of SEVA's confidentiality obligations under these Terms, provided SEVA maintained reasonable security measures and responds promptly upon discovery, including notifying affected clients as required by applicable law.

Deposits remain non-refundable regardless of any breach determination under this Section.

Where SEVA is found to have materially breached a Project Agreement and fails to cure within the applicable period, the client's remedy is completion or correction of the deliverable, not a refund.

Issues not raised by the client during a scheduled progress review, where the opportunity to identify them reasonably existed, weigh against a claim that the deliverable was materially defective.

11.2 Non-Payment

Project Agreements. If final payment is not received, the Client Deliverable is withheld and remains SEVA's property, and SEVA may treat the project as unresolved consistent with Section

11.4 (Project Inactivity). Deposits are non-refundable, as set out in Section 4.5.

Recurring Plans. If a recurring payment (hosting or Care Plan) fails, SEVA may immediately restrict or pause delivery of the paid service (such as active hosting) while payment remains unresolved. Your portal access will remain available for 30 days following the failed payment so that you may update your payment method and resolve the issue, after which portal access may also be restricted. Suspension or restriction under this Section does not result in deletion of your data. If payment remains unresolved for 90 days following the initial failed payment, SEVA may terminate the applicable plan.

International Wire. Refunds related to termination for payments made by wire transfer are handled manually by SEVA, as described in Section 4.3.

11.3 Portal Access

SEVA will not terminate your portal access without your request, except as provided under Section 11.1 (breach), Section 11.2 (non-payment), or Section 11.5 (dormant accounts).

Notwithstanding the foregoing, SEVA may immediately and temporarily suspend access to an account, regardless of fault, if SEVA reasonably determines the account poses a security threat to SEVA's infrastructure or to other clients, including where account credentials have been compromised by a third party. SEVA will provide notice of the suspension as soon as reasonably possible and will restore access promptly once the threat has been resolved. A suspension under this Section does not constitute termination and does not relieve you of any obligations under these Terms or an applicable Project Agreement.

11.4 Project Inactivity

If a project engagement is paused for 30 or more consecutive days due to your failure to provide approvals, materials, feedback, or access reasonably required for SEVA to continue the work, SEVA may designate the project as inactive. An inactive project's timeline and deadlines are suspended until you resume providing what is required.

If a project remains inactive for 90 or more consecutive days, SEVA may terminate the applicable Project Agreement for cause. Termination under this Section does not entitle you to a refund of any deposit paid, and any incomplete Client Deliverable remains SEVA's property, consistent with Sections 4.5 and 5.1.

11.5 Dormant Accounts

If an account or service has no active use, login, or billing activity for 6 or more consecutive months, SEVA may attempt to contact you using your account's contact information. If SEVA receives no response within 30 days of that attempt, SEVA may close the account.

11.6 Effect of Termination

Following termination, you will have 30 days to export or request a copy of your Project Content, after which SEVA may delete it. Notwithstanding the foregoing, SEVA will retain billing, invoice, and payment records for up to seven (7) years as required for tax and legal compliance purposes, regardless of any deletion request.

Termination of your portal account does not affect your obligations, or SEVA's obligations, under a separate Project Agreement, including payment obligations and the delivery of paid work.

11.7 Survival

Sections 4.6 (Payment Reversals), 5 (Intellectual Property Rights), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law and Dispute Resolution), and any confidentiality obligations and outstanding payment obligations under an applicable Project Agreement, survive termination of these Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of law provisions, consistent with SEVA's Wyoming formation.

12.2 Arbitration

This arbitration agreement is governed by the Federal Arbitration Act, including, where applicable to a dispute involving a client outside the United States, Chapter 2 of the Federal Arbitration Act implementing the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"). Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The legal seat of arbitration shall be Wyoming. Hearings may be conducted by videoconference at the arbitrator's discretion or by mutual agreement of the parties, and any such hearing shall be deemed to have taken place at the seat in Wyoming for all legal purposes. Judgment on the award may be entered in any court having jurisdiction.

12.3 Emergency and Injunctive Relief

Notwithstanding Section 12.2, either party may seek emergency injunctive relief in a court of competent jurisdiction for an actual or threatened breach of confidentiality or intellectual property rights, without waiving its right to arbitrate the underlying dispute.

12.4 Class Action Waiver

Any arbitration or proceeding shall be limited to the dispute between SEVA and you individually.

No arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated on a class-action basis or in a representative capacity on behalf of the general public or any other persons.

12.5 Business Capacity

You represent that you are entering into these Terms in the course of a trade, business, or profession, and not as a consumer. This Section applies fully to clients located in the European Union, the United Kingdom, or any other jurisdiction, to the extent you are contracting in a business capacity. Nothing in this Section limits any right you may have under mandatory consumer protection law of your jurisdiction if you are acting as a consumer.

12.6 Claims Limitation

Any claim arising from these Terms or the Services must be brought within one (1) year of the date the event giving rise to the claim occurred or was discovered, regardless of whether the underlying engagement, hosting plan, or Care Plan has since ended or is ongoing. This limitation does not apply to claims arising from confidentiality breaches, fraud, willful misconduct, or indemnification obligations under Section 10.

12.7 Export Control and Sanctions Compliance

You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, and that you are not listed on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List or any other applicable restricted-party list. SEVA may immediately suspend or terminate the Services if it reasonably determines this representation is no longer accurate.

13. Changes to Terms

SEVA may update these Terms from time to time. Material changes will be communicated by email and posted in your portal account. Your continued use of the Services after a change takes effect constitutes acceptance of the revised Terms. Non-material changes, such as corrections and clarifications, may be made at any time without prior notice.

Changes to these Terms do not modify an executed Project Agreement. An executed Project Agreement remains governed by the version of these Terms in effect at the time it was signed, unless both parties agree in writing to amend it.

14. Miscellaneous

14.1 Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms, other than an obligation to make a payment already due, to the extent such failure or delay is caused by circumstances beyond that party's reasonable control, including natural disasters, acts of war or terrorism, civil unrest, government action, pandemic, or widespread internet, telecommunications, or power outages. The affected party will notify the other party within 15 business days of becoming aware of the event, or as soon as reasonably practicable if the event itself prevents timely notice, and will use reasonable efforts to mitigate the impact. This Section does not excuse routine service interruptions already addressed under Section 8.4 (Hosting Services).

14.2 Relationship of the Parties

SEVA and the client are independent businesses contracting with one another, not partners, agents, or joint venturers. This Section governs the legal relationship between SEVA and the client as contracting parties. It does not address the classification of any individual worker, contractor, or personnel of either party, which is governed separately by applicable employment and labor law. References to SEVA as a "partner" in marketing materials or elsewhere describe the nature of SEVA's working relationship with clients and do not create a legal partnership as described in this Section.

14.3 Notices

Notices to SEVA under these Terms must be sent to legal@sevasystems.io. Notices to you will be sent to the email address associated with your account. Notice is deemed given when sent, provided the sender has no reason to believe delivery failed.

14.4 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator, the remaining provisions will remain in effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original.

14.5 Entire Agreement

These Terms, together with any applicable Project Agreement, Managed Marketing Agreement, Data Processing Agreement, Privacy Policy, Domain Registration Policy, and Acceptable Use Policy, constitute the entire agreement between you and SEVA regarding the Services, and supersede any prior agreements or understandings regarding the same subject matter.

14.6 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision, and SEVA's failure to assert any right or provision shall not constitute a waiver of that right or provision.

14.7 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without SEVA's prior written consent. Any attempted assignment without such consent is null and void. SEVA may freely assign or transfer these Terms without restriction.

14.8 No Third-Party Beneficiaries

These Terms are for the benefit of SEVA and the client only. Nothing in these Terms creates any right or benefit for any third party.

14.9 Interpretation

Section headings in these Terms are for convenience only and do not affect interpretation.

15. Contact Us

If you have any questions about these Terms, please contact us:

By email: legal@sevasystems.io