1. Scope and Contractual Relationship
These terms describe the basic conditions for the software development and maintenance services presented on this website, primarily for businesses and organizations in Mainland China. A person contracting on behalf of an organization must have appropriate authority.
Browsing the website or submitting an inquiry does not, by itself, necessarily form a paid project contract or constitute acceptance of all project terms. Contract formation and effectiveness are determined by the parties’ valid agreements and applicable law. These terms have contractual effect only to the extent lawfully incorporated into the parties’ contract.
Each project is governed by the parties’ confirmed contract, statement of work, quotation and written change documents. Valid project-specific agreements prevail over inconsistent provisions of these terms, subject to mandatory law. Provisions materially affecting the client’s interests must be reasonably highlighted when contracting and explained upon request.
2. Project Scope and Changes
Project documents should specify functionality, deliverables, technical environment, client cooperation, delivery schedule, acceptance criteria and payment arrangements. Website examples, case studies and feature descriptions do not automatically become commitments for every project.
New features, requirement changes, environment changes or third-party API changes may affect timing and fees. The parties should confirm the scope and impact in writing before implementing the relevant change. We will not automatically increase charges or expand the project without the client’s agreement.
3. Client Cooperation and Lawful Use
Clients should provide accurate, necessary materials they are entitled to use, arrange feedback and acceptance, and ensure that their business activities, content, data sources and use of software are lawful. Clients must not request infringement, fraud, unlawful access, circumvention of restrictions or other unlawful activities.
Where access to client environments is needed, the parties should use project-appropriate minimum permissions, suitable test environments and secure authorization methods, and agree backup and recovery responsibilities. Clients need not provide unrelated credentials or data. Each party remains responsible for its own legal obligations.
4. Delivery and Acceptance
Delivery methods, test environments, acceptance criteria and periods, issue reporting and remediation procedures are governed by the project documents. Clients should assess deliverables as agreed and identify specific nonconformities for confirmation and resolution. Acceptance does not remove defect-remediation rights or other remedies available under law or contract.
These terms do not impose a uniform acceptance period or automatically treat silence or production use as acceptance. Any acceptance mechanism must be clearly and fairly agreed in project documents and applied lawfully.
5. Software Maintenance and Service Boundaries
Maintenance scope, start and end dates, response arrangements, support channels and fees are governed by the project documents or a separate maintenance agreement. Maintenance does not automatically include new features, major redevelopment, third-party product charges or indefinite free support.
We do not promise round-the-clock response, perpetual availability or particular business returns unless agreed in the contract. Maintenance does not constitute any operations service or responsibility for the client’s day-to-day business operations, continuous platform monitoring or user administration. These boundaries do not relieve us of our obligations for agreed development and maintenance work.
6. Fees and Payment
Project fees, currency, tax inclusion or exclusion, applicable taxes, invoicing and payment milestones should be specified in the quotation or contract. Responsibility for third-party software, cloud resources and API charges should also be agreed in advance. We will not impose unagreed additional charges or establish automatic renewal or recurring billing by default.
Available payment methods are described in the Service Statement and the official order or payment page (WeChat Pay, Alipay, corporate bank transfer, and domestic bank cards coming soon; cryptocurrency or virtual currency transactions are strictly prohibited). Please verify the payee and order details. If they are inconsistent, contact us through the verified contact details above before paying.
7. Cancellation and Refunds
Project cancellation, contract termination and refunds are governed by the contract and applicable law, taking account of work actually performed, deliverables provided, lawful and reasonable costs incurred, responsibility for breach and the unperformed portion. Payments are not categorically non-refundable merely because payment has been made.
Where our breach gives rise to a refund under law or contract, we remain responsible for that refund and any other applicable liability. These terms do not improperly restrict statutory rights to terminate, obtain refunds, claim compensation or seek other remedies.
8. Intellectual Property and Third-Party Components
Client materials and pre-existing intellectual property remain with their respective rights holders. Ownership, license scope, source-code delivery and conditions for transferring rights in custom code, design files, documentation and other deliverables are governed by written agreement. Matters not agreed are governed by applicable law.
Our and third parties’ pre-existing tools, general-purpose components, open-source software, models and other underlying materials remain subject to their respective ownership and license terms. We should disclose third-party license conditions materially affecting use of the deliverables. Project payment does not imply acquisition of all rights in third-party materials. Third-party services remain subject to lawful licensing and usage restrictions.
9. Confidentiality and Data Protection
Both parties should take reasonable measures to protect non-public business, technical and other confidential information learned through the project, use it only as necessary to perform the project and limit access to personnel with a genuine need who are bound by confidentiality obligations, except where disclosure is legally required.
We process project materials only to the extent necessary and on a lawful basis. Where personal information is processed on the client’s behalf, the parties should separately specify the purpose, duration, methods, categories of information, security measures, respective rights and obligations, and return or deletion arrangements at termination, and address any further delegation lawfully. Without a lawful basis and necessary authorization, we will not use client materials for unrelated purposes or submit them to third-party AI services.
These terms do not replace a separate privacy policy or provide blanket authorization for cross-border data transfers. Website personal information practices and rights-request channels should be described in a separately published privacy policy.
10. Third-Party Dependencies and Risk Handling
Software may depend on third-party APIs, components or client environments. Changes or failures may affect delivery or operation. The parties should communicate the impact promptly and address remediation or changes under the contract. Third-party involvement does not automatically relieve us of liability under law or contract.
If a project includes lawful AI-related development features, clients should validate outputs appropriately for the intended use and should not rely solely on unverified outputs for important decisions. This provision does not authorize overseas AI services to mainland China.
11. Suspension and Termination
Where a party materially breaches the contract, a genuine security risk exists or continued performance would violate law, necessary and proportionate suspension or termination measures may be taken under applicable law and the contract. Where legally permitted and practicable, reasons and a reasonable opportunity to remedy should be provided. Emergency action should be followed by timely communication.
Handover, settlement for completed work, refunds for unperformed work, return or deletion of materials and revocation of permissions following termination are governed by contract and law. Confidentiality, intellectual property and other obligations intended by their nature to survive continue as legally applicable.
12. Liability and Statutory Rights
Each party is liable for breach and other obligations under applicable law and its valid contract. These terms do not impose a universal liability cap or blanket exclusion of liability. All liability that cannot lawfully be excluded or restricted and all mandatory client rights are preserved.
If a client legally qualifies as a consumer, these terms do not affect non-excludable consumer rights. If a provision is invalid or unenforceable, other independently enforceable provisions continue to apply, without altering the outcome required by law.
13. Governing Law and Disputes
To the extent permitted by mandatory law and any valid special agreement between the parties, these terms are governed by the laws of the People’s Republic of China. The parties should first attempt amicable resolution. Unresolved disputes are handled under a valid dispute-resolution agreement between the parties or, if none exists, by a people’s court with lawful jurisdiction.
14. Updates and Contact
We will display the effective and update dates of each version. Updates do not retroactively change rights or obligations for existing projects. Changes to existing contracts require the parties’ agreement in accordance with law and the contract. Continuing to browse the website alone does not constitute consent to material changes to an existing paid project.
For terms questions, project concerns or complaints, contact: hello@astrafoundryai.com.
The Chinese and English versions are intended to convey the same meaning. Any differences should be interpreted under applicable law, the contract’s purpose and the parties’ valid agreements, without diminishing statutory client rights because of a translation difference.
