Terms of Service

Yieldge provides professional consulting, software engineering, systems integration, digital transformation, automation, artificial intelligence, observability, data analytics, and technology advisory services. All services are delivered using commercially reasonable skill, care, and diligence consistent with generally accepted industry practices.

Except as expressly stated in a written agreement, Yieldge does not guarantee any specific business outcome, operational improvement, financial result, cost reduction, revenue increase, regulatory approval, or strategic objective.

Any recommendation, assessment, architecture, implementation strategy, report, analysis, or technological guidance provided by Yieldge represents professional opinion based upon information available at the time of engagement.

Such guidance shall not be construed as legal, financial, tax, audit, or regulatory advice. Clients should consult appropriate professionals for matters requiring specialized legal, financial, or regulatory expertise.

The client is responsible for:

• 1Providing accurate, complete, and timely information necessary for the performance of services
• 2Reviewing deliverables, reports, and outputs in a timely manner
• 3Validating that deliverables meet requirements and are fit for intended purposes
• 4Obtaining and maintaining all necessary internal approvals, authorizations, and consents
• 5Ensuring compliance with all applicable laws, regulations, and internal policies

The client retains sole responsibility for all business, operational, financial, legal, cybersecurity, compliance, and strategic decisions made based upon services, recommendations, reports, analyses, software, deliverables, or information provided by Yieldge. Yieldge provides professional guidance to inform decision-making but does not make decisions on behalf of the client.

Yieldge retains exclusive ownership of all intellectual capital, methodologies, frameworks, processes, templates, accelerators, software components, automation assets, artificial intelligence systems, analytical models, prompts, agent systems, reference architectures, trade secrets, and know-how used, developed, enhanced, or utilized in connection with the provision of services.

Upon full payment of applicable fees, the client shall own project-specific deliverables expressly developed for the client under the applicable agreement, subject to any third-party license terms that may apply to incorporated components.

Yieldge retains ownership of all generic, reusable, pre-existing, or independently developed assets incorporated into such deliverables, including methodologies, frameworks, templates, software libraries, and intellectual property developed prior to or independently of the engagement.

Nothing contained in any agreement shall restrict Yieldge from using general knowledge, experience, skills, concepts, methodologies, techniques, and know-how acquired during the course of providing services, provided that no confidential information of the client is disclosed. Yieldge may develop and provide similar services to other clients.

Both parties agree to protect confidential information using reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information.

Confidential information includes information belonging to either party that would reasonably be considered confidential, proprietary, sensitive, or commercially valuable, including business strategies, technical specifications, client data, pricing information, and trade secrets.

Yieldge implements commercially reasonable safeguards designed to protect information under its control, including:

• 1Access management and identity controls
• 2Security monitoring and threat detection
• 3Audit logging and accountability measures
• 4Information governance and classification procedures
• 5Security policies and operational procedures

However, no technology environment can guarantee absolute security. Yieldge shall not be liable for security incidents resulting from factors beyond its reasonable control.

Certain services may incorporate:

• 1Artificial Intelligence
• 2Machine Learning
• 3Generative AI
• 4Autonomous Agents
• 5Automated Decision Support Technologies

Outputs generated by such technologies may contain inaccuracies, omissions, hallucinations, biases, or incomplete information.

Human review and validation remain essential. Clients should independently verify AI-generated outputs before relying upon them for business decisions.

Yieldge promotes responsible artificial intelligence practices grounded in:

• 1Transparency regarding AI capabilities and limitations
• 2Accountability for AI system behavior and outcomes
• 3Human Oversight of automated processes and decisions
• 4Explainability of AI-driven recommendations where feasible
• 5Traceability of AI processing and decision logic
• 6Risk Management proportionate to AI system impact

Artificial intelligence systems are intended to augment human decision-making and do not replace professional judgment, governance processes, or appropriate human oversight.

Yieldge may provide solutions involving:

• 1Operational Visibility
• 2Observability
• 3Traceability
• 4Governance
• 5Process Intelligence
• 6Auditability
• 7Monitoring
• 8Decision Support

Such capabilities improve organizational awareness and governance maturity but do not guarantee the identification, prevention, or elimination of all operational, compliance, fraud, cybersecurity, or business risks. Effective risk management requires comprehensive programs beyond technology solutions.

Yieldge may rely upon:

• 1Cloud Providers
• 2APIs and External Services
• 3Telecommunications Providers
• 4Software Vendors
• 5Infrastructure Providers

Yieldge shall not be responsible for outages, interruptions, policy changes, service limitations, security incidents, or failures attributable to third-party providers beyond its reasonable control.

Deliverables, recommendations, reports, assessments, and services are intended exclusively for the client identified in the applicable engagement. No third party may rely upon such materials without Yieldge's prior written consent. Yieldge assumes no duty or liability to any third party in connection with services provided to a client.

Except as expressly set forth in a written agreement, Yieldge disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:

• 1Merchantability
• 2Fitness for a particular purpose
• 3Continuous availability
• 4Non-infringement
• 5Specific performance levels
• 6Absolute accuracy or completeness
• 7Uninterrupted or error-free operation

To the maximum extent permitted by applicable law, Yieldge shall not be liable for:

• 1Loss of profits
• 2Loss of revenue
• 3Loss of opportunity
• 4Loss of business value
• 5Loss of goodwill
• 6Business interruption
• 7Reputational damage
• 8Indirect damages
• 9Consequential damages
• 10Special damages
• 11Punitive or exemplary damages

Yieldge's aggregate liability for any and all claims arising out of or relating to services shall not exceed the fees actually paid by the client to Yieldge during the twelve (12) months immediately preceding the event giving rise to the claim.

Projects involving:

• 1Financial Institutions
• 2Government Entities
• 3Healthcare Organizations
• 4Insurance Companies
• 5Critical Infrastructure Operators

may require additional compliance, governance, audit, and security controls beyond these Terms. Such requirements shall be addressed in engagement-specific agreements.

Yieldge shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, labor disputes, power outages, telecommunications failures, or third-party service disruptions.

These Terms of Service shall be governed by and construed in accordance with the laws of Costa Rica, without regard to conflict of law principles. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts of Costa Rica.

Yieldge reserves the right to modify these Terms of Service at any time. Material changes will be communicated by posting the revised terms on our website with an updated effective date. Continued use of our services following any changes constitutes acceptance of the modified terms.

For questions or concerns regarding these Terms of Service, please contact our Legal Department at: