TERMS AND CONDITIONS OF SERVICE
Dovito® Business Solutions, Ltd.
Effective Date: August 17, 2023
Last Updated: October 8, 2025
1. Acceptance of Terms
These Terms and Conditions of Service (“Terms”) govern your use of services provided by Dovito® Business Solutions, Ltd. (“Dovito®,” “we,” “us,” or “our”), including systems integration, custom software development, and access to third-party software solutions when applicable (collectively, the “Services”). By engaging with our Services or making payment for our Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.
PAYMENT OF ANY INVOICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ANY ATTACHED STATEMENT OF WORK (SOW) OR SERVICE AGREEMENT.
If you do not agree to these Terms, do not use our Services or remit payment.
2. Services Overview
Dovito® provides business systematization services, including but not limited to:
- Systems integration and automation consulting
- Custom software development and implementation
- Process documentation and standard operating procedure (SOP) creation
- Technology stack integration and optimization
- Access to third-party software solutions when applicable to meet Client business needs
- Fractional COO services for operational transformation and exit preparation
Dovito® does not sell SaaS products that are not custom-built by Dovito®. Any third-party SaaS platforms (such as HighLevel, accessible at app.dovito.com) are provided solely as solutions when applicable to enhance Client operations.
3. Service Agreements and Statements of Work
Specific Services will be detailed in individual Service Agreements or Statements of Work (SOWs) that reference these Terms. SOWs will outline project scope, deliverables, timelines, pricing, and payment terms. In the event of a conflict between these Terms and an SOW, the SOW will prevail with respect to the specific Services described therein.
4. Payment Terms
4.1 Fees and Invoicing
Client agrees to pay all fees as outlined in the applicable SOW or Service Agreement. Invoices will be issued according to the billing schedule specified in the SOW (e.g., monthly, project milestones, or upon completion).
4.2 Payment Due Date
Payment is due within the timeframe specified on the invoice, typically within 15 days of invoice date unless otherwise agreed. Late payments may incur a late fee of 1.83% per month (or the maximum rate permitted by law, whichever is lower).
4.3 Payment Methods
Dovito® accepts payment via bank transfer, credit card, ACH, or other methods as agreed upon. Client is responsible for any transaction fees associated with payment processing.
4.4 Acceptance by Payment
Payment of any invoice constitutes Client’s acceptance of these Terms and Conditions and any attached SOW or Service Agreement.
4.5 Taxes
All fees are exclusive of applicable taxes, duties, or levies (including but not limited to sales, use, or value-added taxes). Client is responsible for paying all such taxes except for taxes based on Dovito’s net income.
5. Client Responsibilities
Client agrees to:
- Provide timely access to necessary data, systems, and personnel
- Respond to requests for information, feedback, or approvals in a timely manner
- Ensure accuracy and completeness of information provided to Dovito
- Comply with all applicable laws and regulations in connection with use of Services
- Maintain appropriate backups of Client data
6. Intellectual Property Rights
6.1 Client Data and Materials
Client retains all ownership rights to Client-provided data, content, and materials. Client grants Dovito® a limited, non-exclusive license to use such materials solely for the purpose of providing Services.
6.2 Dovito Intellectual Property
Dovito® retains all rights to its methodologies, frameworks (including the Systematics™ methodology), templates, tools, pre-existing code, and proprietary processes. These materials remain the exclusive property of Dovito® and are protected by copyright, trademark, and other intellectual property laws.
6.3 Custom Deliverables
Upon full payment, Client receives a perpetual, non-exclusive, non-transferable license to use custom-built software, documentation, and deliverables created specifically for Client under an SOW. Dovito® retains ownership of underlying code frameworks, reusable components, and methodologies.
6.4 Third-Party Software
When Dovito® provides access to third-party software solutions (such as HighLevel), Client’s use of such platforms is governed by the third-party provider’s terms of service and licensing agreements. Dovito® makes no warranties regarding third-party software and is not responsible for third-party terms, functionality, or data handling practices.
7. Confidentiality
Both parties agree to maintain the confidentiality of proprietary and confidential information disclosed during the course of the engagement. This obligation survives termination of the Services. Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties.
8. Data Ownership and Processing
8.1 Data Controller and Processor
Client is the Data Controller and retains ownership of all client-uploaded data. Dovito and any third-party platform providers (such as HighLevel) act as Data Processors, processing data on Client’s behalf in accordance with Client’s instructions and applicable data protection laws.
8.2 Data Security
Dovito® implements industry-standard security measures to protect Client data, including encryption in transit (TLS/SSL) and at rest for sensitive data, secure cloud infrastructure, multi-factor authentication where applicable, and strict access controls.
8.3 Data Retention and Deletion
Upon cancellation of Services, data is generally retained for up to 90 days for recovery purposes, then permanently deleted unless Client requests immediate deletion or migrates data to another platform. Client may request a full export of data at any time.
8.4 Data Processing Agreement
A separate Data Processing Agreement (DPA) is available upon request, particularly for clients subject to GDPR or other data protection regulations.
9. Warranties and Disclaimers
9.1 Service Warranty
Dovito® warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is valid for 30 days following delivery of Services.
9.2 Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.3 Third-Party Software Disclaimer
Dovito® makes no warranties regarding third-party software platforms or services provided by external vendors. Client’s use of such platforms is governed by the third-party provider’s terms and conditions.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOVITO’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO DOVITO IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
IN NO EVENT SHALL DOVITO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF DOVITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limitation applies to all causes of action in the aggregate, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.
11. Indemnification
Client agrees to indemnify, defend, and hold harmless Dovito® and its officers, directors, employees, contractors, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) Client’s use of Services, (b) Client’s breach of these Terms, (c) Client’s violation of any law or regulation, or (d) Client’s infringement of any third-party rights.
12. Term and Termination
12.1 Term
These Terms commence on the Effective Date and remain in effect for the duration specified in the applicable SOW or Service Agreement, or until terminated in accordance with this Section.
12.2 Termination for Convenience
Either party may terminate Services with 30 days’ written notice. Client remains responsible for payment of all fees incurred up to the termination date, including any work in progress.
12.3 Termination for Cause
Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 15 days of receiving written notice.
12.4 Effect of Termination
Upon termination, Client must pay all outstanding fees. Dovito® will provide Client with a final data export upon request. Sections relating to payment obligations, intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination.
13. Force Majeure
Neither party shall be liable for failure to perform obligations due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service disruptions.
14. Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
14.2 Dispute Resolution Process
In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith negotiation. If negotiation fails, the parties agree to mediation before pursuing litigation.
14.3 Jurisdiction and Venue
Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Weld County, Colorado. Both parties consent to the jurisdiction and venue of such courts.
15. General Provisions
15.1 Entire Agreement
These Terms, together with any applicable SOWs or Service Agreements, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, agreements, or understandings.
15.2 Amendments
Dovito® reserves the right to update these Terms at any time. Continued use of Services after changes are posted constitutes acceptance of the updated Terms. Material changes will be communicated to Client via email or through the Services.
15.3 Assignment
Client may not assign or transfer these Terms or any rights hereunder without Dovito’s prior written consent. Dovito® may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets.
15.4 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
15.5 Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
15.6 Notices
All notices under these Terms shall be in writing and sent to the addresses specified in the applicable SOW or Service Agreement, or to legal@dovito.com for Dovito®.
16. Contact Information
For questions regarding these Terms, please contact:
Dovito® Business Solutions, Ltd.
508 Main Street
Windsor, Colorado 80550
Email: legal@dovito.com
Phone: Available upon request
