Terms and Conditions

Welcome to Codika. These Terms and Conditions (the "Terms") govern access to and use of the website codika.agency and the contracting of software development, AI assistant, and automation services (the "Services") provided by Codika ("Codika," "we," "us"). By using the website or contracting the Services, you accept these Terms. If you disagree, please do not use the website or contract the Services.

1. Provider

The Services are provided by Codika, a software development agency operating across Colombia, Latin America, and the United States. Official communications should be sent to codika@codika.agency.

2. Services offered

Codika offers, among others, the following Services:

• Design and development of landing pages, websites, and web applications.
• Development of native and cross-platform mobile applications (iOS and Android).
• Implementation of AI conversational assistants and process automation.
• Automated generation of reports and documents from client data.
• Hosting, support, and maintenance during the contracted period.

The specific scope of each project is detailed in a quote or proposal signed by both parties (the "Proposal"), which prevails over any commercial description published on the website.

3. Engagement and acceptance

The standard commercial process includes: initial brief, Proposal with closed scope and price, written acceptance (email or digital signature), advance payment, and project kickoff. Acceptance of the Proposal by the client constitutes a binding contract together with these Terms.

4. Pricing, payment, and taxes

Prices are quoted in U.S. dollars (USD) unless otherwise agreed. Projects require a 50% advance to start, with the balance due on delivery or per the schedule defined in the Proposal. Prices do not include taxes, withholdings, or bank or payment-processor fees, which the client assumes when applicable.

Payments are non-refundable once the corresponding sprint has started, except as provided in the cancellation clause.

5. Timelines and deliveries

Codika works in weekly sprints with live previews. Delivery dates are set in the Proposal and depend on the client providing timely information, access, content, and approvals. Delays caused by the client will extend the timeline proportionally without penalty to Codika.

6. Intellectual property

Once full payment is received, the client owns the source code developed specifically for their project, including the GitHub repository in their name and access to hosting services. The following are excluded from this assignment:

• Third-party libraries, frameworks, and dependencies, which retain their respective licenses (MIT, Apache, etc.).
• Codika's pre-existing tools, templates, scripts, and know-how, which are licensed to the client on a non-exclusive basis for internal use within the delivered project.
• Use of the Codika name, logo, and brand, which remain Codika's property.

7. Confidentiality and data protection

Codika will treat as confidential all client and end-user information accessed during the Services and apply reasonable security controls, including encryption in transit and at rest, role-based access, and dependency review.

When the project involves personal data, both parties commit to comply with applicable data protection law, including Colombia's Law 1581 of 2012, the GDPR (where applicable), and equivalent legislation in the client's jurisdiction. The client is responsible for obtaining the necessary consents and authorizations from end users.

8. Warranties and support

Codika warrants that the Services will be performed with professional diligence and per the agreed scope. The included support period (one year, unless otherwise agreed) covers bug fixes, minor copy or image adjustments, hosting, domain, and SSL certificate. New features, redesigns, and scope changes are quoted separately.

The website is provided "as is" for informational content. Codika does not warrant uninterrupted availability of the website or of external services (Vercel, Supabase, Firebase, OpenAI, Anthropic, Resend, Google Workspace, etc.).

9. Limitation of liability

To the maximum extent permitted by law, Codika's total liability to the client, on any basis and over the entire relationship, will not exceed the amount actually paid by the client for the Services in the twelve (12) months preceding the event giving rise to the claim. Codika is not liable for indirect damages, loss of profits, loss of data, loss of business opportunities, or reputational harm.

10. Cancellation

Either party may terminate the contract with written notice. If the client cancels, Codika will invoice work delivered and sprints in progress. If Codika cancels for cause attributable to the client (non-payment, lack of cooperation, misconduct), advance payments already earned are non-refundable.

11. Use of the website

Users agree to use the website lawfully, without attempting to breach its security, mass-scrape content, overload the infrastructure, or impersonate identities. Codika may restrict access in case of abusive use.

12. Cookies and analytics

The website uses Google Analytics 4 to measure traffic in aggregate. By continuing to browse, you accept the use of strictly necessary and analytics cookies. You can disable them in your browser settings.

13. Changes

Codika may update these Terms to reflect legal, commercial, or operational changes. The current version will always be posted on this page with the last-updated date. Active projects are governed by the version accepted at Proposal signing.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Colombia. The parties will attempt to resolve any dispute in good faith; failing that, it will be submitted to the competent courts of Codika's domicile, unless otherwise agreed in the Proposal.

15. Contact

For any questions about these Terms, write to codika@codika.agency.