Terms of Service

1. Acceptance of Terms

By accessing or using Xalvix's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. Xalvix reserves the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of such changes.

2. Services Provided

Xalvix provides digital agency services including but not limited to:

• Web Development (websites, web applications, PWAs)
• Mobile Application Development (iOS, Android, cross-platform)
• Backend & API Development
• Brand Identity & Visual Design
• UI/UX Design
• SEO & Growth Strategies
• Digital Marketing Campaigns
• Cybersecurity Consulting
• Cloud Solutions
• AI Integration
• E-commerce Solutions

3. Project Agreements

Each project engagement is governed by a separate project agreement ("Project Agreement") that specifies:

• Scope of work and deliverables
• Timeline and milestones
• Payment terms and pricing
• Revision policy
• Intellectual property rights

The Project Agreement, together with these Terms, constitutes the entire agreement between you and Xalvix for the specified project.

4. Payment Terms

Unless otherwise specified in a Project Agreement:

• A deposit of 50% is required to commence work
• The remaining balance is due upon project completion or as specified in milestones
• Payments are processed via Stripe or other agreed payment methods
• All prices are quoted in Euros (€) unless otherwise stated
• Late payments may incur interest at a rate of 1.5% per month
• Refunds are subject to the terms in the specific Project Agreement

5. Intellectual Property

Client Content: You retain all rights to content, data, and materials you provide to us.

Deliverables: Upon full payment, you receive ownership of the final deliverables as specified in the Project Agreement. Until full payment is received, Xalvix retains all rights to work product.

Tools & Components: Xalvix retains ownership of proprietary tools, frameworks, code libraries, and methodologies used in creating your project. These may be reused in other projects.

Portfolio Rights: Unless otherwise agreed in writing, Xalvix reserves the right to display completed work in our portfolio and marketing materials.

6. Client Responsibilities

You agree to:

• Provide timely feedback and approvals as requested
• Supply all necessary content, assets, and access credentials
• Ensure all provided content complies with applicable laws and does not infringe third-party rights
• Make payments according to agreed terms
• Maintain confidentiality of any credentials or sensitive information shared

Delays caused by late client feedback or materials may result in timeline adjustments.

7. Warranties and Disclaimers

Our Warranties: Xalvix warrants that services will be performed in a professional manner consistent with industry standards.

Disclaimers: Except as expressly stated, services are provided "AS IS" without warranties of any kind, express or implied. We do not guarantee specific results, traffic, revenue, or rankings.

Third-Party Services: We are not responsible for the performance, availability, or actions of third-party services, platforms, or hosting providers.

8. Limitation of Liability

To the maximum extent permitted by law, Xalvix's total liability for any claim arising from or related to these Terms or Services shall not exceed the total amount paid by you to Xalvix in the 12 months preceding the claim.

Xalvix shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill.

9. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the project. This obligation survives termination of the agreement for a period of 3 years.

10. Termination

Either party may terminate a project with written notice. Upon termination:

• You must pay for all work completed up to the termination date
• Xalvix will deliver work completed to date in usable format
• All proprietary materials must be returned
• Licenses to unfinished work remain with Xalvix

11. Maintenance & Support

Unless specifically included in your Project Agreement, ongoing maintenance, hosting, updates, and support are separate services and may be subject to additional fees. Bug fixes within 30 days of delivery are typically included for development projects.

12. Indemnification

You agree to indemnify and hold Xalvix harmless from any claims, damages, or expenses arising from: (a) your use of the Services, (b) content you provide, (c) violation of these Terms, or (d) infringement of third-party rights.

13. Force Majeure

Xalvix shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet/utility failures.

14. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

1. Good faith negotiation between parties
2. Mediation if negotiation fails
3. Binding arbitration or litigation as a last resort

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the European Union, without regard to conflict of law principles.

16. Miscellaneous

Entire Agreement: These Terms and any Project Agreement constitute the entire agreement between parties.

Severability: If any provision is found unenforceable, the remaining provisions remain valid.

No Waiver: Failure to enforce any right does not constitute a waiver of that right.

Assignment: You may not assign these Terms without our written consent. Xalvix may assign these Terms to any successor or affiliate.

17. Contact Information

For questions about these Terms, please contact us through the contact form on our website or via the contact information provided in your Project Agreement.