Last updated: May 14, 2025
Welcome to TieraLabs. These Terms of Service ("Terms") govern your use of our website and consulting services provided by TieraLabs ("Service" or "Services"). Please read these Terms carefully before engaging our services.
By accessing our website or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
TieraLabs provides technical consulting services in the fields of cloud architecture, security, data engineering, and related areas. Our specific services include but are not limited to:
All consulting engagements will be governed by a separate Statement of Work (SOW) or Master Services Agreement (MSA) that outlines project-specific terms, including:
In the event of any conflict between these Terms and a signed SOW or MSA, the terms of the SOW or MSA shall prevail.
To facilitate successful delivery of our services, clients are responsible for:
Delays in fulfilling these responsibilities may impact project timelines and deliverables, and may result in additional fees as outlined in the applicable SOW.
Each party retains all rights, title, and interest in and to their respective pre-existing intellectual property ("Pre-existing IP"). Nothing in these Terms shall transfer ownership of any Pre-existing IP between the parties.
Unless otherwise specified in an SOW, upon receipt of full payment for Services, TieraLabs grants the client a non-exclusive, perpetual, worldwide license to use, reproduce, and modify the deliverables provided as part of the Services for the client's internal business purposes.
TieraLabs retains all rights to methodologies, tools, templates, frameworks, and know-how used in the provision of Services. These are licensed to the client on a non-exclusive, non-transferable basis for use solely in connection with the deliverables.
Each party agrees to treat all non-public information disclosed by the other party as confidential ("Confidential Information"), including but not limited to business plans, technical specifications, customer data, and proprietary methodologies.
Neither party shall use or disclose the other's Confidential Information except as necessary to perform the Services or exercise rights under these Terms. Each party shall protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.
Confidentiality obligations shall survive termination of Services for a period of 5 years.
Unless otherwise specified in an SOW:
These Terms shall remain in effect for the duration of the Services provided, including any renewal or extension periods.
Either party may terminate the Services by providing 30 days' written notice, unless otherwise specified in an SOW. Client shall pay for all Services performed up to the termination date, plus any non-cancellable commitments incurred by TieraLabs.
Either party may terminate these Terms immediately if the other party materially breaches and fails to cure such breach within 15 days of written notice.
Upon termination, Client shall pay all outstanding fees for Services rendered. Sections regarding payment, confidentiality, intellectual property, limitation of liability, and indemnification shall survive termination.
TieraLabs warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards. As Client's sole remedy for breach of this warranty, TieraLabs will re-perform the deficient Services at no additional cost if Client provides written notice within 30 days of delivery.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND TIERALABS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TieraLabs does not warrant that the Services will meet all of Client's requirements or that the operation of any deliverable will be completely error-free or uninterrupted.
EXCEPT FOR BREACHES OF CONFIDENTIALITY OR INTELLECTUAL PROPERTY RIGHTS, OR INDEMNIFICATION OBLIGATIONS:
Each party shall defend, indemnify, and hold harmless the other party from and against any claims, damages, and expenses (including reasonable attorney's fees) arising from or relating to the indemnifying party's:
Client also agrees to indemnify TieraLabs against any claims arising from TieraLabs' use of materials or instructions provided by Client.
Neither party shall be liable for delays or failures to perform due to causes beyond its reasonable control, including acts of God, natural disasters, terrorism, labor disputes, or governmental actions ("Force Majeure Event"). The affected party shall promptly notify the other and make reasonable efforts to minimize the delay.
If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Services upon written notice.
During the term of Services and for one year thereafter, neither party shall directly solicit for employment any employee of the other party who was involved in providing or receiving Services without prior written consent. General job postings and advertisements shall not constitute solicitation under this section.
The parties shall attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Querétaro, Mexico, conducted in accordance with the rules of the International Chamber of Commerce by a single arbitrator. The arbitrator's award shall be final and binding.
The prevailing party shall be entitled to reasonable attorney's fees and costs.
These Terms shall be governed by and construed in accordance with the laws of Mexico, without regard to its conflict of law principles.
TieraLabs reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website, with reasonable notice provided for material changes. Continued use of our Services following any changes constitutes acceptance of such changes.
If you have any questions about these Terms of Service, please contact us: