Terms of Service

These Terms of Service ("Terms") govern any proposal, statement of work, order form, or engagement (each an "Engagement") between DevPumas ("DevPumas," "we," "us," or "our") and the client entering into that Engagement ("Client," "you"). By signing a proposal or Statement of Work, sending a deposit, or otherwise instructing us to begin work, you agree to be bound by these Terms. Where a signed Statement of Work ("SOW") or contract conflicts with these Terms, the signed document controls for that Engagement.

1. Services

DevPumas provides software and AI development services, including but not limited to AI voice receptionists, WhatsApp automation, AI web and mobile application development, custom AI agents, AI enablement and integration, staff augmentation, and forward-deployed engineering ("Hire FDE"). The specific scope, deliverables, timeline, and price for a given Engagement are defined in the applicable proposal, quote, or SOW, not in these Terms. A general overview of our services is available at devpumas.com/devpumas-services.

2. Engagement Process & Scope

Each project begins with a discovery phase to define requirements before any fixed price or fixed-sprint timeline is confirmed. Work is scoped and delivered in the sprints, milestones, or phases described in the applicable proposal or SOW. Requests that fall outside the agreed scope ("Change Requests") will be quoted separately and require your written approval (email is sufficient) before work begins. We are not obligated to perform out-of-scope work without an agreed Change Request and, where applicable, additional payment.

3. Fees & Payment

• Pricing for each Engagement is set out in the applicable proposal, quote, or SOW.
• Unless otherwise agreed in writing, projects require an upfront deposit before work begins, with the remaining balance billed at agreed milestones or upon completion.
• Invoices are due within the timeframe stated on the invoice. Late payments may result in work being paused until the account is brought current.
• Third-party costs incurred on your behalf (for example, API usage fees, WhatsApp Business API charges, hosting, domains, or software licenses) are your responsibility unless explicitly included in the quoted price.
• All fees are quoted exclusive of any taxes, duties, or levies unless stated otherwise; you are responsible for any such amounts applicable in your jurisdiction.

4. Client Responsibilities

You agree to provide timely feedback, access to necessary accounts and systems (for example, hosting, domain registrars, WhatsApp Business Manager, or third-party APIs), and accurate information reasonably required for us to perform the Engagement. Delays caused by late feedback, missing access, or missing content may extend the delivery timeline accordingly and do not constitute a breach of this Agreement by DevPumas.

5. Intellectual Property & Ownership

Unless otherwise agreed in writing, upon receipt of full and final payment for an Engagement, DevPumas assigns to you all right, title, and interest in the custom deliverables created specifically for that Engagement (for example, custom application code, designs, and configurations built for your project). The following are excluded from this assignment and remain the property of DevPumas or the relevant third party:

• Pre-existing tools, frameworks, libraries, internal templates, and reusable components DevPumas owned or developed prior to, or independently of, your Engagement;
• Third-party software, platforms, and services (for example, Retell AI, Vapi, OpenAI, WhatsApp Business API, GoHighLevel, or similar) which remain subject to their own licenses and terms; and
• DevPumas' general knowledge, skills, and experience gained while performing the work.

Ownership of deliverables does not transfer until payment in full has been received. Non-payment entitles DevPumas to retain rights in the deliverables and to suspend access to them until the outstanding balance is settled.

6. Confidentiality

Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with an Engagement, and to use it only for the purpose of performing that Engagement. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that the receiving party is required to disclose by law.

7. Portfolio & Marketing Rights

Unless you notify us in writing that a project is confidential, DevPumas may reference the general nature of the work performed, display screenshots, recordings, or descriptions of completed deliverables, and identify you as a client for portfolio, case-study, and marketing purposes on our website and other marketing channels. We will not disclose your confidential business data, credentials, or non-public information in doing so. If you require a project to remain confidential and excluded from our portfolio, notify us in writing before or at the start of the Engagement, and we will honor that request.

8. Third-Party Services & Integrations

Many of our services integrate with third-party platforms (including, without limitation, Retell AI, Vapi, OpenAI and other AI model providers, Twilio, WhatsApp Business API/Meta, GoHighLevel, HubSpot, Salesforce, and hosting providers such as Vercel). Your use of these third-party platforms is governed by their own terms and privacy policies, and you are responsible for maintaining your own accounts, complying with their usage policies, and paying any fees they charge. DevPumas is not responsible for outages, policy changes, or pricing changes made by third-party providers.

9. Warranties & Disclaimers

We will perform services in a professional and workmanlike manner consistent with generally accepted industry standards. Except as expressly stated in a signed SOW, services and deliverables are provided "as is" without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Because our services include AI-driven systems (including voice agents, chat automations, and AI-generated content), we do not guarantee that AI outputs will be error-free, always accurate, or free from occasional unexpected behavior, and we do not guarantee specific business outcomes such as revenue, lead volume, or conversion rates resulting from use of the deliverables.

10. Limitation of Liability

To the maximum extent permitted by law, DevPumas' total aggregate liability arising out of or relating to an Engagement will not exceed the total fees actually paid by you to DevPumas for that specific Engagement in the three (3) months preceding the event giving rise to the claim. In no event will DevPumas be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold DevPumas harmless from any third-party claims, losses, or expenses (including reasonable legal fees) arising from content, data, or instructions you provide to us, your misuse of the deliverables, or your violation of these Terms or applicable law.

12. Term & Termination

An Engagement remains in effect until the agreed deliverables are completed and accepted, or until terminated as described below. Either party may terminate an Engagement for convenience with written notice; in that case, you are responsible for paying for all work completed and expenses reasonably incurred up to the effective date of termination. Either party may terminate immediately for the other party's material breach that remains uncured for fourteen (14) days after written notice of the breach.

13. Support & Post-Launch Services

Where a proposal or SOW includes a post-launch support period, that support covers fixing defects in the delivered work consistent with the agreed specification. It does not include new features, integrations, or Change Requests, which are quoted and billed separately. Support obligations end once the agreed support period lapses unless renewed under a separate agreement.

14. Force Majeure

Neither party will be liable for delay or failure to perform obligations (other than payment obligations) resulting from causes beyond its reasonable control, including natural disasters, internet or utility outages, third-party platform outages, or governmental action.

15. Governing Law & Dispute Resolution

These Terms and any Engagement are governed by the laws of Pakistan, without regard to conflict-of-law principles. The parties agree to first attempt to resolve any dispute in good faith through direct negotiation. If a dispute cannot be resolved informally within thirty (30) days, it will be subject to the exclusive jurisdiction of the competent courts of Pakistan.

16. General

These Terms, together with any applicable proposal or SOW, constitute the entire agreement between the parties for an Engagement and supersede any prior discussions regarding its subject matter. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. DevPumas may update these Terms from time to time; the version in effect at the time an Engagement begins applies to that Engagement unless a signed SOW states otherwise. Material changes will be reflected by an updated "Last updated" date on this page.

17. Contact

Questions about these Terms can be sent to contact@devpumas.com or via WhatsApp.