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Terms of Service

Please read these Terms of Service carefully before using our website or engaging our services. By accessing or using our services, you agree to be bound by these terms.

Effective: January 15, 2025
12 min read
Version 2.1

Contents

Acceptance of Terms Our Services User Obligations Intellectual Property Payment Terms Project Delivery Warranties Limitation of Liability Termination Governing Law

📌 Key Terms at a Glance

Here's a quick summary of the most important points. Please read the full terms below for complete details.

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Fair Agreement

We commit to transparent and fair terms for all our clients.

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Clear Pricing

All costs are agreed upon before project commencement.

🛡️

IP Protection

Upon full payment, you own the deliverables we create for you.

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Dispute Resolution

We prefer mediation and work towards amicable solutions.

1 Acceptance of Terms

By accessing our website at nextgenAiTechie.com or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and Cookie Policy.

If you do not agree with any part of these terms, you must not use our website or services. These terms apply to all visitors, users, clients, and others who access or use our services.

📋 Agreement: By submitting a project inquiry, signing a proposal, or making a payment, you confirm acceptance of these Terms of Service in full.

Eligibility

You must be at least 18 years of age or the legal age of majority in your jurisdiction to use our services. By agreeing to these terms, you represent and warrant that you meet these eligibility requirements.

2 Description of Services

nextgenAiTechie provides digital solutions including but not limited to:

  • Custom web application development and design
  • Mobile application development (iOS & Android)
  • UI/UX design and brand identity services
  • AI and machine learning integration solutions
  • Cloud infrastructure setup, migration, and management
  • Digital marketing and SEO optimization services
  • Ongoing maintenance and technical support plans

Service Scope

The specific scope of each project will be defined in a separate project proposal or Statement of Work (SOW) agreed upon by both parties. Any work outside the agreed scope may be subject to additional charges.

Service Availability

While we strive to maintain continuous availability of our website, we do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice.

3 User Obligations & Responsibilities

As a user of our website or client of our services, you agree to:

  • Provide accurate, current, and complete information when requested
  • Cooperate with our team and provide timely feedback and materials
  • Respect intellectual property rights and not infringe on third-party rights
  • Not use our services for any unlawful or unauthorized purpose
  • Not attempt to gain unauthorized access to our systems
  • Not transmit malicious code, spam, or harmful content
  • Maintain the confidentiality of any login credentials provided

Prohibited Activities

You expressly agree not to engage in any of the following:

  1. Using our services to develop products that compete directly with us
  2. Reverse engineering, decompiling, or disassembling any of our proprietary tools
  3. Scraping, data mining, or automated collection of information from our website
  4. Impersonating any person or entity, or misrepresenting your affiliation
  5. Interfering with or disrupting the integrity of our services or servers

⚠️ Warning: Violation of these terms may result in immediate termination of services without refund and may expose you to legal liability.

4 Intellectual Property Rights

Our Intellectual Property

Our website, brand, logo, content, features, tools, frameworks, and methodologies are and remain the exclusive property of nextgenAiTechie. Nothing in these terms transfers ownership of our pre-existing intellectual property to you.

Client Deliverables

Upon full payment of all project fees, you receive full ownership of the custom deliverables created specifically for your project, including:

  • Custom source code developed for your project
  • Custom design files, graphics, and visual assets
  • Custom content created specifically for you
  • Documentation related to your project deliverables

Retained Rights

We retain the right to use general knowledge, techniques, skills, and experience gained during the project. We also retain rights to use reusable code libraries, frameworks, and tools that existed prior to or were developed independently of your project.

Portfolio Usage

Unless otherwise agreed in writing, we reserve the right to display completed projects in our portfolio, case studies, and marketing materials.

5 Payment Terms & Billing

Pricing & Estimates

All project pricing will be detailed in a written proposal or SOW before work begins. Estimates are based on the scope provided and may change if the scope changes significantly.

Payment Schedule

Unless otherwise agreed, our standard payment schedule is:

  • 50% Upfront: Due upon project approval to begin development
  • 25% Milestone: Due upon completion of the midpoint review
  • 25% Final: Due upon project completion and delivery

Late Payments

Invoices are due within 15 days of issuance. Late payments may incur a fee of 1.5% per month on the outstanding balance. We reserve the right to pause work on projects with overdue payments.

Refund Policy

Due to the nature of custom development work, refunds are handled on a case-by-case basis. If a project is cancelled:

  • Before work begins: Full refund minus a 10% administrative fee
  • During development: Payment for work completed to date
  • After delivery: No refund available for completed work

💰 Transparency: We provide detailed invoices and time tracking reports so you always know exactly what you're paying for.

6 Project Delivery & Revisions

Timelines

Project timelines are estimates provided in good faith. While we make every effort to meet deadlines, delivery dates may be affected by factors including client feedback delays, scope changes, or unforeseen technical challenges.

Client Feedback

Timely feedback is essential for on-time delivery. Feedback should be provided within 5 business days of each milestone delivery. Delays in feedback may extend the project timeline.

Revisions

Each project includes a specified number of revision rounds (typically 2-3) as outlined in the project proposal. Additional revisions beyond the agreed scope will be billed at our standard hourly rate.

Final Approval

Projects are considered complete upon written approval from the client or 14 days after final delivery without feedback, whichever comes first.

7 Warranties & Disclaimers

Our Warranty

We warrant that all services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a 30-day warranty period after project delivery to address any bugs or defects in the delivered work.

Disclaimer

Except as expressly stated above, our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Third-Party Services

We are not responsible for the performance, availability, or terms of third-party services, platforms, APIs, or plugins used in your project. Changes to these services may require additional development work.

⚠️ Important: We do not guarantee specific business outcomes, search engine rankings, revenue increases, or traffic levels as a result of our services.

8 Limitation of Liability

To the maximum extent permitted by applicable law:

  • Our total liability shall not exceed the total fees paid by you for the specific project giving rise to the claim
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • We shall not be liable for loss of profits, data, business opportunities, or goodwill
  • We shall not be liable for damages resulting from unauthorized access to or alteration of your data

Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government actions, internet outages, or power failures.

9 Termination

Termination by Client

You may terminate a project at any time by providing written notice. Upon termination, you are responsible for payment of all work completed up to the termination date, and you will receive the deliverables for all paid-for work.

Termination by Us

We may terminate or suspend services if:

  • You breach any material term of this agreement
  • Payments remain overdue for more than 30 days
  • You become insolvent or file for bankruptcy
  • Continuing the engagement would be unethical or illegal

Post-Termination

Sections relating to intellectual property, limitation of liability, confidentiality, and governing law shall survive termination of these terms.

10 Governing Law & Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

Dispute Resolution Process

  1. Negotiation: Parties shall first attempt to resolve disputes through good-faith negotiation within 30 days.
  2. Mediation: If negotiation fails, parties shall engage in mediation with a mutually agreed-upon mediator.
  3. Arbitration: If mediation fails, the dispute shall be resolved through binding arbitration in [Your City].
  4. Litigation: Either party may seek injunctive relief in a court of competent jurisdiction.

Severability

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

Entire Agreement

These Terms of Service, together with our Privacy Policy, Cookie Policy, and any project-specific agreements, constitute the entire agreement between you and nextgenAiTechie.

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Need Clarification?

If you have any questions about these terms, our legal team is happy to provide clarification before you proceed.

Reach Out to Us
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