Terms of Service & Terms of Use

1. Acceptance of Terms & Contractual Scope

These Terms of Service and Terms of Use ("Terms") constitute a legally binding agreement between you or the entity you represent ("Client", "User", or "Licensee") and NDSOR Technologies IT Solutions ("NDSOR Tech", "we", "our", or "us"), owned and managed by Nonie John B. Sortigosa, with principal office in Zarraga, Iloilo, Philippines.

These Terms apply to all interactions with ndsor.com, the deployment and execution of our standalone and hybrid desktop applications (including NDSOR Suite, NDSOR Workforce, NDSOR Pay, GlobalinxSys Enterprise ERP, NDSOR Clinic EMR, Sales & Inventory Systems), web portals (RAISE Knowledge Hub, WVSUMC Clinical Evaluation), APIs, software documentation, and related IT engineering consultation services.

2. Software License Grant & Operating Architecture

Upon execution of an authorized software purchase order, subscription, or pilot evaluation agreement:

• License Scope: NDSOR Tech grants the Client a non-exclusive, non-transferable, revocable license to install and run the specified software modules solely on designated workstation terminals or authorized operating premises.
• Standalone Desktop Architecture: NDSOR software products are engineered with offline-first desktop capabilities backed by local SQLite database engines. Workstations execute time-critical tasks (biometric attendance logs, POS checkout, payroll calculations, clinic consultations) autonomously without requiring an active external internet connection.
• Optional Hybrid Cloud Sync: Where enabled by the Client, hybrid cloud synchronization automatically uploads encrypted database transaction logs to designated cloud servers when connectivity is available.
• Site Workstation Allocation: Deployment across additional workstations or branch locations requires separate licensing or site expansion authorization.

3. Intellectual Property Rights & Use Restrictions

All title, copyright, trade secrets, and intellectual property rights in and to NDSOR software—including source code, compiled binaries (.exe, .apk, scripts), database schemas, user interface aesthetics, algorithms, workflows, logos, and technical documentation—remain the sole and exclusive property of NDSOR Technologies IT Solutions and founder Nonie John B. Sortigosa.

4. Client Responsibilities & Data Compliance Warranties

As a Client deploying NDSOR software solutions within your organizational infrastructure:

• Hardware & Local Infrastructure: Client is solely responsible for procuring, maintaining, and securing workstation host PCs, uninterrupted power supply (UPS) units, local area network (LAN) cabling, and physical biometric terminals (e.g. ZKTeco devices).
• Data Accuracy & Legal Compliance: Client warrants that all employee rosters, biometric punch data, compensation piece-rates, statutory deduction schedules, medical encounter records, and inventory entries entered into the systems comply with Philippine Labor Laws (DOLE), National Internal Revenue Code (BIR), Health Regulations (DOH), and the Data Privacy Act (RA 10173).
• Credential Security: Client must enforce robust password policies and protect master administrative credentials from unauthorized employee access.

5. Maintenance, Service Level Agreements (SLA) & Hybrid Sync

NDSOR Tech provides software maintenance, statutory formula updates (e.g., revised SSS/PhilHealth/tax brackets), and technical consultation under contracted support terms:

• Network & ISP Dependencies: Cloud synchronization and remote assistance rely on third-party telecommunication service providers. NDSOR Tech is not liable for service degradation caused by commercial ISP outages, telecom fiber disruptions, or regional power failures.
• Offline Resilience: Our software is architected to queue transaction logs locally during network drops and automatically reconcile upon reconnection without data corruption.
• Maintenance Windows: Planned cloud infrastructure updates will be communicated in advance, scheduled outside of standard peak Philippine business hours whenever practical.

6. Limitation of Liability & Warranty Disclaimers

To the fullest extent permissible under applicable Philippine law:

• "As-Is" Provision: The software and documentation are provided "as is" and "as available". NDSOR Tech disclaims all other representations or warranties, express or implied, including warranties of merchantability, title, or fitness for a particular business purpose.
• Exclusion of Consequential Losses: In no event shall NDSOR Tech, its owner, or contractors be liable for indirect, incidental, special, punitive, or consequential damages (including lost profits, lost business revenue, production delays, work stoppage, hardware burnout, or loss of data) arising from client hardware malfunction, unbacked storage failure, biometric hardware firmware defects, or unauthorized tampering by client staff.
• Aggregate Liability Cap: In all circumstances, NDSOR Tech's aggregate liability arising under or related to these Terms or software licensing shall not exceed the actual licensing fees received by NDSOR Tech from the Client in the twelve (12) months preceding the incident giving rise to liability.

7. License Term, Deactivation & Data Transition

Software licenses remain valid for the contracted duration. NDSOR Tech reserves the right to immediately suspend or revoke license access upon material breach, non-payment of agreed licensing fees, or unauthorized software tampering. Upon license termination, Client shall cease execution of the software. NDSOR Tech provides tools or support for clients to export operational records prior to final license deactivation.

8. Governing Law & Amicable Dispute Resolution

These Terms shall be construed, interpreted, and governed exclusively in accordance with the laws of the Republic of the Philippines.

In the event of any controversy, claim, or dispute arising out of or relating to these Terms or the deployment of NDSOR software, the parties agree to first attempt resolution through good-faith amicable negotiation. Should negotiation prove unsuccessful within thirty (30) days, the dispute shall be submitted to formal mediation in Iloilo, Philippines, prior to filing any action in the courts of competent jurisdiction located in the Province of Iloilo, to the exclusion of all other venues.