Terms of Service

Welcome to Nexvity Studios. These Terms of Service ("Terms") govern your use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms.

Please read these Terms carefully before engaging our services. If you do not agree with any part of these Terms, you may not use our services.

Nexvity Studios is a professional web and app development agency specializing in creating cutting-edge digital solutions for businesses of all sizes. Our team of skilled designers, developers, and project managers is committed to delivering exceptional results that meet your specific needs and requirements.

These Terms constitute a legally binding agreement between you ("Client," "User," or "you") and Nexvity Studios ("Company," "we," or "us") regarding your use of our services.

Web Development Services

Our web development services include but are not limited to:

• Custom website design and development
• E-commerce website development
• Progressive Web App (PWA) development
• Content Management System (CMS) implementation
• Website maintenance and support
• Web performance optimization
• Frontend and backend development

Mobile App Development Services

Our mobile app development services include but are not limited to:

• iOS app development
• Android app development
• Cross-platform app development
• App UI/UX design
• App testing and quality assurance
• App maintenance and updates
• App store submission assistance

UI/UX Design Services

Our UI/UX design services include but are not limited to:

• User interface design
• User experience design
• Wireframing and prototyping
• Design system creation
• Usability testing

Service Delivery

We will make reasonable efforts to provide our services according to the agreed-upon timeline and specifications. However, we cannot guarantee specific completion dates or results. The timeline for project completion will depend on various factors, including the complexity of the project, client feedback, and unforeseen technical challenges.

We reserve the right to use third-party contractors or partners to fulfill our services, provided they meet our quality standards and abide by these Terms.

Client Cooperation

To facilitate the successful completion of your project, you agree to:

• Provide accurate and complete information necessary for the project
• Review and provide feedback on deliverables in a timely manner
• Supply content, images, and other materials as required
• Attend scheduled meetings and consultations
• Pay all invoices according to the agreed-upon schedule

Acceptable Use

You agree not to use our services for any purpose that is unlawful, prohibited, or that could damage, disable, or impair our services. Specifically, you agree not to:

• Request development of applications or websites that promote illegal activities
• Submit content that is defamatory, obscene, or violates any third-party rights
• Use our services to transmit malware, viruses, or other malicious code
• Attempt to gain unauthorized access to our systems or networks
• Engage in any activity that interferes with or disrupts our services
• Impersonate another person or misrepresent your affiliation with any entity

Content Responsibility

You are solely responsible for all content, materials, and information you provide to us for inclusion in your project. You represent and warrant that:

• You own or have obtained all necessary rights and permissions to use such content
• The content does not infringe upon any third-party rights, including intellectual property rights
• The content complies with all applicable laws and regulations

We reserve the right to refuse to include any content in your project that we believe violates these Terms or may expose us to potential liability.

Pricing and Payment Terms

Our pricing is based on the scope, complexity, and timeline of your project. We offer various pricing models, including:

• Fixed-price for defined scope projects
• Hourly rates for ongoing or evolving projects
• Retainer agreements for continuous services
• Subscription plans for maintenance and support

Unless otherwise agreed in writing, payment terms are as follows:

• 50% non-refundable deposit before project commencement
• 25% upon completion of development milestone(s)
• 25% upon project completion, before final delivery/launch

All invoices are due within 14 days of issuance. Late payments may be subject to a 1.5% monthly interest charge.

Scope Changes and Additional Costs

Any changes to the agreed-upon project scope may result in additional costs and timeline adjustments. We will notify you of such changes, and work will proceed only after your written approval of the revised costs and timeline.

Additional services requested outside the original scope will be billed separately at our then-current rates.

Refund Policy

Due to the custom nature of our services, we offer limited refunds under the following conditions:

• If we fail to commence work within 30 days of receiving the initial deposit, you may request a full refund of the deposit.
• If we terminate the agreement without cause, you may be entitled to a partial refund of prepaid fees for services not yet rendered.
• If you terminate the agreement after work has begun, no refund will be provided for the initial deposit or any milestone payments for work already completed.

Refund requests must be submitted in writing within 30 days of the qualifying event.

Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes, duties, and other governmental charges associated with your use of our services, except for taxes based on our income.

Ownership of Deliverables

Upon full payment of all fees, you will own all rights, title, and interest in the final deliverables specifically created for your project (the "Custom Deliverables"). This does not include any third-party materials, our pre-existing intellectual property, or our background technology.

We will grant you a perpetual, worldwide, non-exclusive license to use any of our pre-existing intellectual property or background technology that is incorporated into the Custom Deliverables.

Our Intellectual Property

We retain ownership of all intellectual property rights in:

• Our pre-existing tools, frameworks, libraries, and components
• Our development methods, techniques, and processes
• Generic or reusable code that is not unique to your project
• Our proprietary software and technologies

Any improvements or modifications we make to our pre-existing intellectual property during the development of your project remain our exclusive property.

Third-Party Materials

Our services may incorporate third-party materials such as open-source software, stock images, fonts, or plugins. These materials are subject to their respective licenses, which may impose additional terms or restrictions on their use.

We will inform you of any significant third-party materials used in your project and provide you with the relevant license information. You are responsible for complying with the terms of these licenses.

Portfolio Rights

Unless explicitly agreed otherwise in writing, we reserve the right to:

• Display and link to your project in our portfolio
• Use non-confidential aspects of your project for promotional purposes
• Describe our work on your project in case studies or testimonials

We will respect your brand guidelines and confidentiality requirements when exercising these rights.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXVITY STUDIOS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Nexvity Studios, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your content or materials provided to us

Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, labor disputes, internet service provider failures, or power outages.

Termination by You

You may terminate our services at any time by providing written notice. However, you will remain liable for all fees accrued up to the termination date, including:

• The non-refundable initial deposit
• Payment for all work completed prior to termination
• Any cancellation fees specified in your service agreement

If you terminate before project completion, you will receive all work completed up to the termination date upon full payment of outstanding invoices.

Termination by Us

We may terminate or suspend our services to you immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms or your service agreement
• Failure to pay invoices when due
• Providing false or misleading information
• Engaging in abusive, threatening, or unlawful behavior
• Excessive or unreasonable requests that go beyond the agreed scope

Upon termination, your right to use our services will immediately cease.

Suspension of Service

We may suspend services temporarily if:

• Payment is overdue by more than 14 days
• You fail to provide required information or feedback, causing project delays
• There are reasonable concerns about the legality or propriety of your content or requests

Services will resume upon resolution of the issue that led to suspension.

Effect of Termination

Upon termination:

• All outstanding fees will become immediately due
• We will deliver all completed work for which payment has been received
• All licenses granted will remain in effect for paid deliverables
• Confidentiality obligations will survive termination

Provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Updates to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of these Terms
• Sending an email notification to users with active projects (for material changes)

Your continued use of our services following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check these Terms periodically for changes.

Project-Specific Agreements

For specific projects, we may enter into separate written agreements that supplement or supersede portions of these Terms. Such project-specific agreements will be explicitly identified and must be signed by both parties to be effective.

In the event of any conflict between these Terms and a project-specific agreement, the terms of the project-specific agreement will prevail.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will remain in full force and effect.

Applicable Law

These Terms and any separate agreements shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the courts of Bangalore, Karnataka, India, and you consent to the jurisdiction of such courts.

Dispute Resolution

Before filing a claim against Nexvity Studios, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Nexvity Studios may bring a formal proceeding.

Both parties agree to resolve any disputes through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration will be conducted in Bangalore, Karnataka, India, in the English language, and the decision will be final and binding.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Nexvity Studios.

If you have any questions, concerns, or requests regarding these Terms of Service, please email us at legal@nexvity.com or support@nexvity.com.

By using our services, you acknowledge that you have read and understand these Terms and agree to be bound by them.

Thank you for choosing Nexvity Studios for your web and app development needs.