Terms of Service

Last updated: March 2026

These Terms of Service ("Terms") govern your access to and use of the website sourcyness.com and the services provided by Sourcyness, operated by ASA Enterprises Inc ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Services

Sourcyness provides digital marketing, software development, AI solutions, business consulting, and related technology services to clients worldwide. The specific scope, deliverables, timeline, and pricing for any engagement are defined in a separate Statement of Work (SOW) or proposal agreed upon by both parties before work begins.

2. Use of Website

2.1 Permitted Use

You may access and use our website for lawful purposes only. You agree not to:

  • Use the website in any way that violates applicable laws or regulations
  • Attempt to gain unauthorized access to any part of the website or its systems
  • Transmit any viruses, malware, or other harmful code
  • Collect or harvest personal information of other users
  • Use automated systems (bots, scrapers) to access the website without our permission
  • Interfere with or disrupt the website's functionality

2.2 Account Registration

Certain features may require registration or login. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3. Intellectual Property

3.1 Our Content

All content on this website, including text, graphics, logos, images, icons, designs, code, and software, is the property of ASA Enterprises Inc or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission.

3.2 Client Deliverables

Ownership of work product created for clients is governed by the specific terms of each engagement agreement or SOW. Generally, upon full payment, clients receive ownership or a license to the deliverables as specified in their agreement.

3.3 Trademarks

"Sourcyness" and our logo are trademarks of ASA Enterprises Inc. You may not use our trademarks without prior written consent.

4. Client Engagements

4.1 Proposals and Agreements

All service engagements are governed by a signed proposal, Statement of Work (SOW), or Master Services Agreement (MSA) that outlines scope, deliverables, timelines, and pricing. These Terms supplement but do not replace those agreements.

4.2 Payment Terms

Payment terms are specified in each engagement agreement. Unless otherwise stated, invoices are due within 15 days of receipt. Late payments may incur interest at 1.5% per month. We reserve the right to suspend services for overdue accounts.

4.3 Refunds and Cancellation

Refund and cancellation policies are defined in each engagement agreement. Generally, deposits for custom work are non-refundable once work has commenced. Monthly service subscriptions may be cancelled with 30 days' written notice.

5. Warranties and Disclaimers

5.1 Website

This website is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.

5.2 Services

We provide our professional services with reasonable skill and care consistent with industry standards. Specific warranties, service levels, and guarantees are defined in individual engagement agreements.

5.3 Results

While we strive for exceptional outcomes, we cannot guarantee specific business results from our marketing, development, or consulting services. Past performance, case studies, and testimonials represent individual client outcomes and do not guarantee future results.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • Aggregate cap: The total cumulative liability of ASA Enterprises Inc, its owners, officers, directors, employees, agents, contractors, affiliates, and any person or entity associated with Sourcyness ("Sourcyness Parties") for any and all claims arising out of or relating to these Terms, the website, or any services provided shall not exceed the lesser of (a) the total fees actually paid by you to Sourcyness for the specific service giving rise to the claim during the 6 months immediately preceding the event giving rise to the claim, or (b) one thousand US dollars ($1,000 USD).
  • No consequential damages: In no event shall any Sourcyness Party be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, loss of goodwill, business interruption, cost of procurement of substitute services, or any other commercial damages or losses, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if such party has been advised of the possibility of such damages.
  • Website disclaimer: No Sourcyness Party shall be liable for any damages whatsoever arising from your use of, inability to use, or reliance on the website, its content, or any information provided therein.
  • Third-party actions: No Sourcyness Party shall be liable for any actions, errors, omissions, or failures of third-party platforms, tools, hosting providers, payment processors, or any other third-party services used in connection with the delivery of our services.
  • Force majeure and external factors: No Sourcyness Party shall be liable for losses caused by factors outside our reasonable control, including but not limited to algorithm changes by search engines or social media platforms, market fluctuations, regulatory changes, cyberattacks on third-party infrastructure, or acts of God.
  • Survival: The limitations of liability set forth in this section shall survive the termination or expiration of any agreement between the parties and shall apply regardless of whether the claim arises in contract, tort, equity, or any other legal theory.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of Sourcyness Parties shall be limited to the maximum extent permitted by applicable law.

6A. No Personal Liability

You expressly acknowledge and agree that no owner, shareholder, director, officer, employee, agent, contractor, intern, affiliate, or representative of ASA Enterprises Inc or Sourcyness shall bear any personal liability whatsoever for any claim, damage, loss, or expense arising out of or relating to these Terms, the website, or any services provided. Any and all claims shall be directed solely against ASA Enterprises Inc as a corporate entity, and not against any individual associated with the company in any capacity.

7. Indemnification

You agree to defend, indemnify, and hold harmless ASA Enterprises Inc, its owners, shareholders, officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, actions, demands, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of or access to the website; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement of any third-party intellectual property, privacy, or other rights; (e) any content or data you submit, post, or transmit through the website; or (f) any dispute between you and any third party. This indemnification obligation shall survive the termination of these Terms and your use of the website.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during any engagement. Confidential information includes business strategies, client data, technical specifications, and financial information. This obligation survives the termination of any engagement for a period of 2 years.

9. Third-Party Services

Our services may involve integration with third-party tools, platforms, and services (e.g., Google Ads, Meta, AWS, Salesforce). Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party service outages, changes, or data practices.

10. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, pandemics, war, government actions, power failures, internet disruptions, or cyberattacks.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of [Your State], United States, without regard to conflict of law principles. Any disputes arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association.

13. Modifications

We reserve the right to modify these Terms at any time. Changes become effective upon posting to this page with an updated "Last updated" date. Continued use of our website or services after changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any applicable engagement agreements, constitute the entire agreement between you and Sourcyness regarding the use of our website.

14A. General Disclaimer and Limitation

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL SOURCYNESS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, no Sourcyness Party makes any representation or warranty: (a) that the website or services will meet your requirements; (b) that the website or services will be uninterrupted, timely, secure, or error-free; (c) that the results obtained from the use of services will be accurate, reliable, or achieve any particular outcome; (d) that any errors in the website or services will be corrected; or (e) regarding the accuracy, reliability, or currency of any information, content, or advice provided through the website or services.

You acknowledge that digital marketing, software development, AI implementations, and business consulting involve inherent uncertainties and that results depend on numerous factors beyond the control of Sourcyness, including but not limited to market conditions, competitor actions, algorithm changes, regulatory environments, and client cooperation and decision-making. No representation of guaranteed outcomes has been made or should be implied.

Any reliance you place on information or advice provided through the website or during consultations is strictly at your own risk.

16. Contact

For questions about these Terms, please contact: