Terms and Conditions
Last updated: March 31, 2026
Welcome to Digital Vision Development. This Legal Notice governs the access to and use of the consulting and software development services provided by Digital Vision Development. The use of our services implies full acceptance of our Terms and Conditions of Service and our Privacy Policy.
For the purposes of these Conditions, including the documents incorporated by reference (specifically, the Privacy Policy), the terms listed below shall have the following meaning:
•Operator: Refers to David Chamorro, an independent developer and sole proprietor registered in the Republic of Ecuador with RUC 1725881781001, doing business under the trade name Digital Vision Development.
•DVD: Refers to Digital Vision Development, the Operator’s trade name.
•Privacy Policy: Refers to the separate document that describes how we process personal data, which is an integral part of these Conditions.
•Applicable Law – E-Commerce Law: Refers to the Law of Electronic Commerce, Electronic Signatures and Data Messages of Ecuador.
•Civil Code: Refers to the Civil Code of the Republic of Ecuador.
•LOPDP: Refers to the Organic Law on Personal Data Protection of Ecuador.
•Intellectual Property: Refers to the Organic Code of the Social Economy of Knowledge, Creativity and Innovation (COES) regarding software protection.
1. Obligations of Digital Vision Development
DVD commits to performing the contracted services under industry standards, complying with:
1.1. Professional Management: Employ qualified personnel and appropriate technological tools for the execution of the project according to the agreed backlog.
1.2. Process Transparency: Inform the Client in a timely manner of any technical blockage, unforeseen delay, or need for changes in the software architecture that may affect delivery timelines.
1.3. Confidentiality: Keep strictly confidential all strategic, commercial, or technical information provided by the Client for the development of the project. DVD will not disclose or use this information for purposes other than executing the contract.
1.4. Delivery of Basic Documentation: Upon completion of the project and after receiving full payment, DVD will deliver a basic user guide or technical manual (as agreed) so the Client can operate the product.
1.5. Custody of Assets: Protect and responsibly use the credentials, APIs, or servers that the Client makes available to DVD for testing and deployment phases.
2. Client Rights
Upon fulfilling their payment obligations, the Client acquires the following rights:
2.1. Ownership of the Final Product: Once 100% of the project value has been paid, the Client will have full ownership of the resulting software (excluding DVD’s base libraries mentioned in clause 12.2).
2.2. Right to Information: Request and receive updates on the status of the project during scheduled progress meetings.
2.3. Acceptance Testing: Perform necessary validation tests before the final deployment to ensure the software meets the initially agreed requirements.
2.4. Support for Critical Errors (Limited Warranty): The Client has the right to a period of 7 calendar days after final delivery to report “bugs” or critical programming errors (failures that prevent basic use of the software) not previously detected during QA. DVD will correct these errors at no additional cost, provided they are not due to changes made by the Client or third parties.
3. Scope of Services
3.1. Specialty: Digital Vision Development (DVD) specializes in small- and medium-scale software development, including but not limited to mobile applications, web platforms, and automations.
3.2. Feasibility Evaluation: Every project proposed by the Client will undergo an initial technical evaluation phase. Acceptance is at the sole discretion of the agency after this review.
3.3. Price Adjustment Authority: DVD reserves the right to establish, modify, or adjust the initial project budget after performing a detailed technical evaluation of its complexity.
•If during the requirements-gathering phase critical integrations, third-party technical debt, or high-complexity features not initially foreseen are identified, the agency will present a revised economic valuation.
•Development will begin only after the Client accepts the new budget in writing.
3.4. Estimated Budgets: Any figure provided before the delivery of a formal requirements document will be considered only as a referential and non-binding estimate for the agency.
4. Service Hours and Communication
4.1. Work Hours: Our official support and development schedule is Monday to Friday, from 09:00 to 18:00 (Ecuador Time). Requests will not be processed, nor support provided on non-working days or outside this schedule, unless previously agreed upon in writing.
4.2. Progress Meetings: Periodic follow-up sessions will be scheduled depending on project complexity. The schedule for these meetings will be agreed upon at the start of the contract.
5. Requirements and Change Management
5.1. Initial Inputs: The Client is responsible for providing a detailed list of features, functional requirements, and expectations before development begins.
5.2. Change Requests: Any new idea, design correction, or additional implementation must be communicated strictly during progress meetings.
5.3. Post-Completion: Once the project is delivered and the agreement is concluded, any modification, correction, or new functionality will be considered a new requirement and will generate an additional cost based on the current rate.
6. Warranty and Quality Assurance (QA)
6.1. Agency Testing: Digital Vision Development performs internal QA tests to ensure the stability of the delivered software.
6.2. Client Responsibility: The Client acknowledges that they are responsible for performing an additional layer of testing and validation in their own environment before the final implementation. The agency is not responsible for errors arising from third-party configurations not tested by the Client.
7. Payment Terms
7.1. Down Payment: To begin any development phase, the Client must pay 50% of the total agreed budget.
7.2. Final Delivery: Full access to the source code, production credentials, or final deployment will only be granted after the remaining 50% of the payment has been made.
7.3. Intellectual Property: Rights over the developed software will be transferred to the Client only once full payment has been verified.
8. Intellectual Property and Branding
8.1. Development Credits: The Client accepts and acknowledges that any product, software, or platform developed by Digital Vision Development will include a permanent and unremovable mark (unless a prior written economic agreement states otherwise) indicating “Powered by Digital Vision Development” or similar.
8.2. Location of the Mark: This mark will be placed according to the nature of the software and may not be altered, hidden, or removed by the Client or third parties.
9. Post-Launch Liability Waiver
9.1. Product Operation: Once the software is delivered and placed in production, the Client assumes full responsibility for its use.
9.2. DVD Indemnity: Digital Vision Development (DVD) shall not be liable under any circumstance for economic problems (loss of revenue, fines), social issues (damage to reputation, user conflicts), legal issues, or technical issues arising from the use, misuse, or operation of the product in the real market.
9.3. Content and Users: DVD acts solely as a technological provider. The Client is exclusively responsible for content, user data management, and compliance with applicable regulations in their commercial sector.
10. Dispute Resolution and Jurisdiction
10.1. Direct and Amicable Resolution: In the event of any dispute, claim, or disagreement arising from the interpretation or execution of this contract, the parties agree to first exhaust an instance of direct good-faith negotiation. The Client and Digital Vision Development will have fifteen (15) working days to attempt to resolve the conflict amicably through conciliation meetings.
10.2. Mediation: If no agreement is reached after the direct negotiation period, the parties may submit the dispute to a legally constituted Mediation Center in the city of Quito, Ecuador, before initiating any judicial action.
10.3. Jurisdiction and Submission: If the conflict persists, the parties expressly waive any other jurisdiction that may correspond to them due to their present or future domiciles. Any legal action, claim, or judicial process arising from this agreement will be handled exclusively before the competent Judicial Units and Courts of the Metropolitan District of Quito, Republic of Ecuador.
10.4. Applicable Law: This contract is fully governed by the laws of the Republic of Ecuador, including the Civil Code and the Electronic Commerce Law.
11. Suspension for Lack of Payment
11.1. Right of Interruption: Digital Vision Development (DVD) reserves the right to immediately suspend development services, technical support, access to servers, or delivery of progress if the Client has a delay of more than five (5) working days in any agreed payment (down payments or balances).
11.2. Suspension Exoneration: DVD shall not be responsible for any economic, operational, or business opportunity loss the Client may suffer due to service interruption caused by non-payment. Service will resume only after confirmation of full payment of outstanding amounts.
12. Non-Exclusivity and Base Intellectual Property
12.1. Nature of the Service: The Client acknowledges that DVD is a multi-service agency. DVD reserves the right to develop products, tools, or platforms for other clients, even if they belong to the same commercial sector, provided that no specific proprietary code or confidential information from the Client is used.
12.2. Base Libraries: DVD retains ownership of its methodologies, base code fragments, and pre-existing libraries used in development, granting the Client a perpetual use license for these elements as part of the final product.
13. Legality of the Idea and Third-Party Ownership
13.1. Project Rejection: DVD will not accept the development of any product, idea, or software identified as stolen, plagiarized, or clearly infringing the intellectual property rights of third parties.
13.2. Client Responsibility Declaration: The Client guarantees that they possess all rights, licenses, and authorizations over the ideas, designs, logos, content, and requirements provided to DVD for development.
13.3. Lack of Knowledge and Shielding: In the event that DVD develops a product without knowing that the idea or inputs provided by the Client infringe third-party rights (copyright, patents, or trade secrets), legal and economic responsibility shall fall solely and entirely on the Client.
13.4. Indemnity: The Client agrees to keep DVD, its owners, and collaborators free from any claim, lawsuit, or sanction arising from the ownership of the assets provided for development.
15. Force Majeure Events
DVD will not be responsible for delays or noncompliance due to causes beyond its reasonable control, including but not limited to: natural disasters, widespread internet infrastructure failures, prolonged power outages, acts of public authority, or strikes. In such cases, delivery timelines will be extended by a period equal to the duration of the event.
16. Jurisdiction
For all legal purposes of this agreement, the parties submit to the laws in force in the Republic of Ecuador and the competent courts of the city of Quito.
16.1. Language:
These Conditions may be translated into various languages for the convenience of global Users. However, in case of conflict between the Spanish version and any translation, the Spanish version shall prevail for legal purposes.
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Digital Vision Development is a company dedicated to software development, innovative applications, and UX/UI design, focused on everyday problems faced by people around the world.
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