Terms of Service

Welcome to Elevarz, a premier digital agency specializing in software development, design, writing, product development, and browser extensions. These Terms of Service ("Terms") govern your use of our services and establish the legal relationship between you ("Client," "you," or "your") and Elevarz ("we," "us," or "our").

By engaging our services, accessing our website, or entering into any agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Our services include but are not limited to: custom software development, web and mobile application development, UI/UX design, graphic design, technical writing, content creation, product strategy and development, browser extension development, API development, and digital consulting services.

To access certain services, you may be required to create an account with accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any losses arising from unauthorized use of your account, but you may be liable for losses incurred by us or others due to such unauthorized use.

We reserve the right to suspend or terminate your account if we reasonably believe it has been compromised or if you violate these Terms. Account termination does not relieve you of any payment obligations for services already rendered.

You retain ownership of all content, data, materials, and intellectual property you provide to us ("Client Materials"). By providing Client Materials, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate such materials solely for the purpose of providing our services to you.

You represent and warrant that you have all necessary rights to provide Client Materials and that their use will not infringe upon any third-party rights. You are responsible for ensuring that all Client Materials comply with applicable laws and regulations.

We may create derivative works based on your Client Materials as part of our services. Upon full payment, you will own such derivative works, subject to our retained rights in our proprietary methodologies, tools, and pre-existing intellectual property.

You agree to provide timely feedback and approvals necessary for project completion. Delays in providing feedback may result in project timeline extensions and additional costs.

You agree to: (a) provide accurate and complete information necessary for service delivery; (b) respond promptly to our requests for information, feedback, or approvals; (c) ensure that your use of our services complies with all applicable laws and regulations; (d) not use our services for any illegal, harmful, or unethical purposes.

You are responsible for obtaining all necessary licenses, permissions, and approvals for any third-party content, software, or services you request us to integrate into your projects. This includes but is not limited to API access, stock images, fonts, and software libraries.

For browser extension projects, you are responsible for compliance with browser store policies, privacy regulations, and obtaining necessary user permissions. You must ensure that any data collection or processing complies with applicable privacy laws including GDPR, CCPA, and other relevant regulations.

You agree not to reverse engineer, decompile, or attempt to extract our proprietary methodologies, source code, or trade secrets from deliverables unless explicitly agreed upon in writing.

Our services may involve integration with third-party platforms, APIs, services, or tools including but not limited to cloud providers, payment processors, social media platforms, browser stores, and software libraries. Your use of such third-party services is subject to their respective terms of service and privacy policies.

We are not responsible for the availability, functionality, or changes to third-party services. Any disruption or changes to third-party services that affect your project may require additional work at additional cost.

For browser extension development, we will assist with submission to browser stores, but approval is subject to each platform's review process and policies. We cannot guarantee approval or timeline for store reviews.

You are responsible for maintaining any accounts, subscriptions, or licenses required for third-party services integrated into your projects. We may recommend third-party services but do not endorse or guarantee their performance.

We retain ownership of all proprietary methodologies, frameworks, tools, templates, code libraries, and pre-existing intellectual property used in providing our services. This includes our development processes, design systems, and any reusable components or solutions.

Upon full payment for services, you will receive ownership of the final deliverables specifically created for your project, subject to our retained rights in our proprietary elements. This includes custom code, designs, and written content created specifically for you.

We reserve the right to use general knowledge, skills, experience, and techniques gained from working on your project in future work, provided we do not disclose your confidential information or replicate your specific solutions for competitors.

Our company name, logo, trademarks, and branding materials remain our exclusive property. You may not use our branding without explicit written permission, except for reasonable attribution in case studies or testimonials with our prior approval.

We reserve the right to: (a) modify our services, processes, or tools to improve quality and efficiency; (b) refuse or terminate services for clients who violate these Terms or engage in abusive behavior; (c) subcontract work to qualified partners or team members while maintaining responsibility for deliverables.

We may suspend services if payment is overdue, if you breach these Terms, or if continuation of services would violate applicable laws. We will provide reasonable notice before suspension except in cases of immediate legal or security concerns.

We have the right to showcase completed projects in our portfolio and marketing materials unless you specifically request confidentiality in writing. We will respect reasonable requests for anonymity or confidentiality.

In case of project cancellation by either party, you will be responsible for payment of all work completed up to the cancellation date, plus any non-refundable expenses incurred on your behalf.

Payment terms are specified in individual project agreements or statements of work. Generally, we require a deposit before beginning work, with remaining payments due according to agreed milestones or upon project completion.

All invoices are due within 30 days of issuance unless otherwise specified. Late payments may incur interest charges of 1.5% per month or the maximum rate permitted by law, whichever is lower. Overdue accounts may result in service suspension and collection activities.

Additional work beyond the original scope will be billed separately at our current rates. We will provide estimates for additional work and obtain your approval before proceeding, except for minor changes under $500.

Refunds are generally not provided for completed work, but we will work with you to resolve any legitimate concerns about deliverable quality. Deposits may be refundable if we cancel the project before beginning work.

You are responsible for all applicable taxes, duties, and fees related to our services. International clients may be subject to additional payment processing fees.

We are committed to protecting your privacy and maintaining the security of your data. Our privacy practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

We implement industry-standard security measures to protect your data, including encryption, secure file transfer protocols, and access controls. However, no system is completely secure, and we cannot guarantee absolute security.

For projects involving personal data processing, we will comply with applicable data protection laws including GDPR, CCPA, and other relevant regulations. We may serve as a data processor under your instruction and will execute appropriate data processing agreements when required.

We retain project files and communications for a reasonable period to provide ongoing support and for legal compliance. You may request deletion of your data subject to our legal obligations and legitimate business interests.

For browser extensions and applications that collect user data, we will assist in implementing appropriate privacy controls and disclosures, but you remain responsible for compliance with applicable privacy laws.

We respect intellectual property rights and expect our clients to do the same. You must ensure that all materials provided to us do not infringe upon any third-party intellectual property rights.

If you believe that any content on our website or in our services infringes your intellectual property rights, please contact us immediately with detailed information about the alleged infringement.

We will investigate intellectual property claims promptly and take appropriate action, which may include removing allegedly infringing content or terminating services if necessary.

For software development projects, we will conduct reasonable due diligence to ensure that third-party libraries and components are properly licensed. However, you are ultimately responsible for ensuring that your use of the final deliverables complies with all applicable licenses.

We may use open-source software components in our deliverables. We will inform you of any copyleft licenses that may affect your use of the final product and help you understand compliance requirements.

We understand that you may share confidential information with us during the course of our engagement. We agree to maintain the confidentiality of your proprietary information and use it solely for the purpose of providing our services.

Confidential information includes but is not limited to: business plans, financial information, customer lists, technical specifications, source code, trade secrets, and any information marked as confidential or that would reasonably be considered confidential.

Our confidentiality obligations do not apply to information that: (a) is publicly available through no breach of these Terms; (b) was known to us before disclosure; (c) is independently developed without use of your confidential information; (d) is required to be disclosed by law or court order.

We may share confidential information with our team members and subcontractors who need access to perform services, provided they are bound by similar confidentiality obligations.

These confidentiality obligations survive termination of our engagement and continue for a period of five years unless otherwise specified in a separate non-disclosure agreement.

Our services are provided "as is" without warranties of any kind, express or implied. We disclaim all warranties including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or meet your specific requirements. We cannot guarantee specific results, performance metrics, or business outcomes from our services.

Our total liability for any claims arising from our services shall not exceed the total amount paid by you for the specific services giving rise to the claim, or $10,000, whichever is less.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

For browser extensions and applications, we are not responsible for store approval processes, policy changes, or platform-specific issues beyond our reasonable control. We will provide reasonable support to address such issues but cannot guarantee resolution.

You agree to indemnify, defend, and hold harmless Elevarz, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from:

(a) Your use of our services in violation of these Terms; (b) Your violation of any applicable laws or regulations; (c) Infringement of third-party rights by your content or materials; (d) Any modifications you make to our deliverables without our involvement.

We will provide you with prompt notice of any claim subject to indemnification and will cooperate with you in the defense of such claims. You may not settle any claim without our prior written consent.

This indemnification obligation survives termination of our engagement and applies regardless of the legal theory under which liability may be imposed.

We may modify, update, or discontinue our services at any time to improve quality, add features, or comply with legal requirements. We will provide reasonable notice of material changes that may affect ongoing projects.

Technology evolves rapidly, and we may need to update our methodologies, tools, or recommendations to maintain best practices. Such updates will not affect the core deliverables of existing projects unless mutually agreed upon.

For ongoing maintenance or support services, we may update our processes or tools to improve efficiency and security. We will communicate significant changes that may affect your experience.

If we discontinue a service you are using, we will provide reasonable notice and assistance in transitioning to alternative solutions where possible.

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. Updated Terms will be posted on our website with the effective date clearly indicated.

For existing clients, material changes to these Terms will be communicated via email at least 30 days before taking effect. Continued use of our services after the effective date constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you may terminate our services in accordance with the termination provisions. Termination does not relieve you of obligations for services already provided.

Individual project agreements or statements of work may contain specific terms that supplement or modify these general Terms. In case of conflict, project-specific terms take precedence for that particular engagement.

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles. Any disputes arising from these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association.

Before initiating formal dispute resolution, the parties agree to attempt good faith negotiations to resolve any disagreements. Either party may request mediation through a mutually agreed mediator.

Arbitration shall be conducted by a single arbitrator with experience in technology and business disputes. The arbitration shall take place in [Your City, State] or via video conference if agreed by both parties.

Notwithstanding the arbitration requirement, either party may seek injunctive relief in court to protect intellectual property rights or confidential information. Small claims court jurisdiction is also preserved for disputes within its monetary limits.

The prevailing party in any dispute resolution proceeding shall be entitled to recover reasonable attorney fees and costs from the other party.

You acknowledge that our services and deliverables may be subject to export control laws and regulations, including those administered by the U.S. Department of Commerce, Department of Treasury, and Department of State.

You agree not to export, re-export, or transfer any deliverables or technical data to any country, entity, or person prohibited by applicable export control laws. This includes countries subject to U.S. trade sanctions and individuals on restricted party lists.

For software development and browser extension projects, you are responsible for ensuring that any distribution or deployment complies with applicable export control regulations, particularly for encryption or security-related functionality.

You represent that you are not located in, organized under the laws of, or owned or controlled by persons in any country subject to comprehensive U.S. trade sanctions, and that you are not on any U.S. government restricted party list.

We reserve the right to suspend or terminate services if we believe continued service would violate applicable export control laws or sanctions regulations.

These Terms constitute the entire agreement between you and Elevarz regarding our services, superseding all prior agreements and understandings, whether written or oral, except for specific project agreements or statements of work.

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

These Terms do not create any partnership, joint venture, or agency relationship between you and Elevarz. We are independent contractors providing services under these Terms.

All notices required under these Terms must be in writing and delivered via email to the addresses specified in our project agreements, or to contact.elevarz@gmail.com for general inquiries.

For questions about these Terms or our services, please contact us at contact.elevarz@gmail.com or through our website contact form. We are committed to addressing your concerns promptly and professionally.