Terms and Conditions

1. Introduction

Welcome to SentientWorks. These Terms and Conditions ("Terms") govern your use of our services, including AI solutions, software development, and cybersecurity consulting ("Services"). By engaging our Services, you agree to be bound by these Terms. These terms are governed by the laws of the Hong Kong Special Administrative Region ("Hong Kong").

2. Services

2.1. Scope of Work

All Services to be provided by SentientWorks will be documented in a formal proposal or Statement of Work ("SOW"). Each SOW will outline the project scope, deliverables, timelines, and fees. Any changes to the SOW must be mutually agreed upon in writing.

2.2. Service Delivery

We will perform the Services with reasonable skill and care, consistent with professional standards. Timelines provided in the SOW are good faith estimates. We are not liable for delays caused by the client's failure to provide necessary resources or feedback in a timely manner, or other factors beyond our reasonable control.

3. Client Responsibilities

You agree to provide all necessary information, materials, and access required for us to perform the Services. You are responsible for the accuracy and legality of all materials you provide and warrant that you have the necessary rights to use them.

4. Intellectual Property

4.1. Pre-existing IP

Each party retains full ownership of all intellectual property rights they owned prior to this engagement. We grant you a limited, non-exclusive license to use our pre-existing IP only as necessary to make use of the final deliverables.

4.2. Developed IP

Upon receipt of full payment for the Services, SentientWorks assigns to you the intellectual property rights in the custom deliverables created specifically for you under the SOW. We retain the right to use our general skills, knowledge, and non-proprietary tools and code in our ongoing business.

5. Data Privacy

We are committed to protecting your privacy. Our collection and use of personal data in connection with the Services is described in our Privacy Policy. We will handle all personal data in compliance with the Personal Data (Privacy) Ordinance (PDPO) of Hong Kong.

6. Confidentiality

Both parties agree not to disclose any confidential information of the other party to any third party without prior written consent. This obligation extends beyond the termination of our engagement.

7. Fees and Payment

Fees are detailed in the SOW. Invoices are payable within 30 days of receipt. We reserve the right to charge interest on overdue invoices at the rate prescribed by law in Hong Kong.

8. Warranties and Disclaimer

SentientWorks warrants that its Services will be performed in a professional manner. This warranty is in lieu of all other warranties, express or implied. Nothing in these Terms shall exclude or limit any statutory rights you have as a consumer under Hong Kong law that cannot be contractually limited or excluded.

9. Limitation of Liability

Our liability in connection with the Services is limited. To the extent permitted by the Control of Exemption Clauses Ordinance (CECO) and other applicable laws in Hong Kong, our total liability for any claim arising from the Services or an SOW shall not exceed the total fees paid by you under that SOW. We are not liable for any indirect, consequential, or special losses.

10. Term and Termination

Either party may terminate an SOW if the other party is in material breach of these Terms and fails to remedy the breach within 30 days of receiving written notice. Upon termination, you are required to pay for all Services performed up to the termination date.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Hong Kong. The parties agree to first attempt to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Hong Kong. Alternatively, the parties may mutually agree to resolve the dispute by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC).

12. General Provisions

12.1. Entire Agreement

These Terms and the relevant SOW constitute the entire agreement between the parties.

12.2. Language

These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.

12.3. Contact Information

If you have any questions, please contact us through the form on our main website.