Terms of Service

Last updated: January 1, 2025

Welcome to Digisolnova. These Terms of Service ("Terms") govern your access to and use of our website https://digisolnova.com and our web development, mobile app development, and digital services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing our website or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Digisolnova ("Company," "we," "our," or "us").

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not accept these Terms or use the Services.

Digisolnova is a company registered in the United States. Services may be provided remotely by team members or contractors located in different countries. By accepting these Terms, you acknowledge and agree that the delivery of Services may involve personnel operating from various international locations, while the Company remains subject to the laws and jurisdiction of the United States.

2. Services Provided

Digisolnova provides professional digital services including, but not limited to:

  • Custom website design and development
  • Mobile application development (iOS and Android)
  • E-commerce solutions and integrations
  • Web application development
  • Digital strategy and consulting
  • UI/UX design services
  • Website maintenance and support
  • Search engine optimization (SEO)
  • Custom software development

The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate proposal, statement of work, or service agreement provided to the Client prior to project commencement.

3. User Responsibilities

As a user of our Services, you agree to:

  • Provide accurate, current, and complete information when requested
  • Maintain the confidentiality of any account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Provide timely feedback, approvals, and materials necessary for project completion
  • Ensure you have the rights to any content, materials, or data you provide to us
  • Use our Services only for lawful purposes and in compliance with applicable laws
  • Not interfere with or disrupt our Services or servers
  • Not attempt to gain unauthorized access to any part of our Services

Failure to comply with these responsibilities may result in delays, additional charges, or termination of Services.

4. Payments & Billing

Payment Terms

  • Payment terms will be specified in the project proposal or service agreement
  • A deposit may be required before work commences
  • All fees are quoted in US Dollars unless otherwise specified
  • Payment is due within the timeframe specified in the invoice (typically Net 15 or Net 30)

Payment Methods

We accept payments via credit card, debit card, ACH transfer, wire transfer, and other methods as specified. Payment processing is handled securely through Stripe and other trusted payment processors.

Late Payments

Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend Services until outstanding balances are paid in full.

Refunds

Refund policies vary by project type and will be outlined in the service agreement. Generally, deposits are non-refundable, and refunds for completed work are not available. Partial refunds may be considered for incomplete projects on a case-by-case basis.

5. Intellectual Property

Client Materials

You retain all ownership rights to any content, materials, trademarks, and intellectual property you provide to us for use in the project. You grant us a limited license to use such materials solely for the purpose of providing the Services.

Deliverables

Upon full payment of all fees, you will own the final deliverables created specifically for your project. This includes custom designs, code, and content created exclusively for you.

Company Rights

Digisolnova retains all rights to:

  • Pre-existing materials, tools, frameworks, and methodologies
  • General knowledge, skills, and experience gained during the project
  • Reusable components and code libraries
  • The right to display completed work in our portfolio (with Client permission)

Third-Party Materials

Projects may include third-party materials such as stock images, fonts, plugins, or libraries subject to their own license terms. We will inform you of any applicable third-party licenses.

6. Prohibited Activities

You agree not to use our Services for any of the following purposes:

  • Any unlawful, fraudulent, or deceptive activities
  • Violating any applicable laws, regulations, or third-party rights
  • Distributing malware, viruses, or harmful code
  • Engaging in harassment, defamation, or discrimination
  • Infringing on intellectual property rights of others
  • Collecting personal information without consent
  • Interfering with the security or integrity of any systems
  • Creating content that promotes violence, hatred, or illegal activities
  • Misrepresenting your identity or affiliation
  • Any activity that could damage our reputation or business

We reserve the right to refuse or terminate Services if we determine that a project involves prohibited activities.

7. Warranties & Disclaimers

Our Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. We will make reasonable efforts to correct any defects in our work within a reasonable time after notification.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, 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, AND NON-INFRINGEMENT.

No Guarantee of Results

While we strive to deliver high-quality work, we do not guarantee specific results, including but not limited to search engine rankings, traffic increases, conversion rates, or revenue growth.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGISOLNOVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use our Services
  • Any unauthorized access to or alteration of your data
  • Any third-party conduct or content
  • Any errors, mistakes, or inaccuracies in our Services

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

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

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content or materials you provide to us
  • Your negligent or wrongful conduct

10. Termination

Termination by Client

You may terminate Services by providing written notice. Upon termination, you will be responsible for payment of all work completed up to the termination date, plus any non-refundable deposits or expenses incurred.

Termination by Digisolnova

We may terminate or suspend Services immediately, without prior notice or liability, if you breach any provision of these Terms, fail to make timely payments, or engage in conduct that we determine to be harmful to our business or reputation.

Effect of Termination

Upon termination, all licenses and rights granted to you will immediately cease. Provisions that by their nature should survive termination will remain in effect, including intellectual property rights, payment obligations, limitation of liability, and indemnification.

11. Governing Law & Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation between the parties. If resolution cannot be reached within thirty (30) days, either party may pursue legal remedies in the state or federal courts located in Sheridan County, Wyoming, and you consent to the personal jurisdiction of such courts.

12. Changes to Terms

We reserve the right to modify or update these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you via email or through our website.

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

13. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Digisolnova regarding the Services.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of war, terrorism, or government actions.

14. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at:

Digisolnova

30 N Gould St Ste R

Sheridan, WY 82801

United States

Email: info@digisolnova.com

Website: https://digisolnova.com