Terms & Conditions

1. Agreement to Terms

Welcome to Eywa Technologies. These Terms and Conditions ("Terms") govern your use of our website located at www.eywa.tech (the "Website") and our services, including web development, mobile application development, SaaS solutions, SEO services, digital marketing, and UI/UX design services (collectively, the "Services").

By accessing our Website or engaging our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website or use our Services.

2. Definitions

For the purposes of these Terms:

• "Company" (referred to as "Eywa," "we," "us," or "our") refers to Eywa Technologies.
• "Client" (referred to as "you" or "your") refers to the individual or entity accessing our Website or engaging our Services.
• "Project" refers to any work commissioned by the Client from the Company.
• "Deliverables" refers to all work product created by the Company for the Client.
• "Intellectual Property" refers to all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

3. Services

3.1 Scope of Services

Eywa Technologies provides professional software development and digital services. The specific scope, deliverables, timelines, and costs for any Project will be outlined in a separate Statement of Work (SOW) or proposal document, which shall be incorporated by reference into these Terms.

3.2 Changes to Scope

Any changes to the agreed scope must be documented in writing and approved by both parties. Additional work outside the original scope may result in additional costs and timeline adjustments.

3.3 Client Responsibilities

The Client agrees to:

• Provide accurate and complete information required for the Project
• Provide timely feedback and approvals
• Ensure all content provided does not infringe third-party rights
• Cooperate with the Company in all matters relating to the Services
• Designate a primary point of contact for communications

4. Payment Terms

4.1 Fees

Fees for Services will be outlined in the applicable SOW or proposal. Unless otherwise specified, all fees are quoted in US Dollars (USD) and are exclusive of applicable taxes.

4.2 Payment Schedule

Unless otherwise agreed in writing, the standard payment schedule is:

• 30% deposit upon project commencement
• 40% upon reaching the midpoint milestone
• 30% upon final delivery and acceptance

4.3 Late Payments

Invoices are due within 14 days of receipt. Late payments may incur interest at a rate of 1.5% per month. We reserve the right to suspend work on any Project with outstanding payments beyond 30 days.

4.4 Refunds

Deposits are non-refundable unless the Company fails to deliver Services as agreed. Refund eligibility for other payments will be determined on a case-by-case basis.

5. Intellectual Property Rights

5.1 Client Materials

The Client retains all rights to materials provided to the Company (logos, content, images, etc.). The Client warrants that it has the right to use and provide such materials.

5.2 Deliverables

Upon full payment, the Company assigns to the Client all rights, title, and interest in the custom Deliverables created specifically for the Client's Project, excluding any Pre-existing Materials and Third-Party Materials.

5.3 Pre-existing Materials

The Company retains ownership of any pre-existing code, tools, frameworks, and methodologies used in the Project. The Client is granted a non-exclusive, perpetual license to use such materials as part of the Deliverables.

5.4 Portfolio Rights

Unless otherwise agreed in writing, the Company reserves the right to display completed work in its portfolio and marketing materials, and to identify the Client as a customer.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the engagement. This includes but is not limited to:

• Business strategies and plans
• Technical specifications and source code
• Financial information
• Customer data

This confidentiality obligation survives the termination of these Terms and any Project engagement.

7. Warranties and Disclaimers

7.1 Company Warranties

The Company warrants that:

• Services will be performed in a professional and workmanlike manner
• Deliverables will substantially conform to agreed specifications
• The Company has the right to provide the Services

7.2 Bug Fix Warranty

The Company provides a 30-day warranty period after final delivery to fix any bugs or defects in the Deliverables at no additional cost. This warranty does not cover issues arising from Client modifications, third-party software, or hosting environments not controlled by the Company.

7.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Company's total liability for any claims arising from Services shall not exceed the total fees paid by the Client for the relevant Project.
• Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise).

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• The Client's use of the Deliverables
• Content or materials provided by the Client
• The Client's breach of these Terms
• The Client's violation of any third-party rights

10. Termination

10.1 Termination for Convenience

Either party may terminate a Project engagement with 30 days' written notice. Upon termination, the Client shall pay for all Services rendered up to the termination date.

10.2 Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days of notice.

10.3 Effect of Termination

Upon termination, the Company will deliver all completed work and work in progress. The Client shall pay for all work completed. Sections regarding Intellectual Property, Confidentiality, Limitation of Liability, and Indemnification survive termination.

11. Website Terms of Use

When using our Website, you agree not to:

• Use the Website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Website
• Use automated systems to access the Website without permission
• Transmit any viruses, malware, or harmful code
• Collect user information without consent
• Interfere with the proper functioning of the Website

12. Dispute Resolution

12.1 Negotiation

Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation between the parties.

12.2 Mediation

If negotiation fails, the parties agree to attempt mediation before pursuing arbitration or litigation.

12.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal proceedings shall be brought in the state or federal courts located in San Francisco County, California.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any SOW or proposal, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

13.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be notified to active Clients. Continued use of our Services after changes constitutes acceptance.

13.3 Severability

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

13.4 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, or governmental actions.

14. Contact Information

For questions about these Terms, please contact us: