Terms of Service

Effective Date: January 2025

These Terms of Service ("Terms") govern your use of Orvex Services' ("Orvex," "we," "our," or "us") services, including our products, platforms, and ventures, including but not limited to web development, mobile app development, enterprise software solutions, cloud services, consulting, and related services (collectively, "Services"). By engaging with Orvex Services or using our Services, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services. These Terms apply to all clients, users, and visitors of Orvex Studios.

2. Description of Services

Orvex Studios provides custom software development services, including:

  • Web application development and full-stack solutions
  • Mobile application development (iOS, Android, cross-platform)
  • Enterprise software systems and backend infrastructure
  • Cloud solutions and serverless architectures
  • UI/UX design and product strategy consulting
  • Technical consulting and software architecture services

Specific services, deliverables, timelines, and pricing are defined in individual project agreements, statements of work (SOW), or service contracts.

3. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms:

  • You will provide accurate, complete, and current information
  • You will not use our Services for any illegal or unauthorized purpose
  • You will not violate any applicable laws, regulations, or third-party rights
  • You will not interfere with or disrupt our Services or servers
  • You will not attempt to gain unauthorized access to our systems
  • You will not use our Services to develop or distribute malicious software, spam, or content that infringes intellectual property rights

4. Payment Terms

4.1 Fees and Billing

Payment terms, including fees, payment schedules, and methods, will be specified in your project agreement or SOW. Unless otherwise agreed:

  • Fees are due according to the payment schedule in your agreement
  • Late payments may incur interest charges or result in service suspension
  • All fees are non-refundable unless otherwise specified in writing
  • You are responsible for any taxes applicable to the Services

4.2 Refund Policy

All sales are final. Orvex Studios does not offer refunds for completed work, partially completed projects, or services rendered, except as may be explicitly agreed upon in writing in your project agreement. This includes but is not limited to: completed development work, delivered code, design assets, consulting sessions, or any other services provided.

5. Intellectual Property Rights

5.1 Client-Owned Work Product

Upon full payment, ownership of custom-developed code, designs, and deliverables created specifically for you will transfer to you as specified in your project agreement. You will receive a license or assignment of rights as agreed upon.

5.2 Orvex Studios' Intellectual Property

Orvex Studios retains all rights to:

  • Our proprietary frameworks, tools, libraries, and methodologies
  • Pre-existing code, templates, or assets not created specifically for your project
  • Our brand, trademarks, logos, and marketing materials
  • Third-party open-source software used in projects (subject to their respective licenses)

5.3 License to Use Our Services

You are granted a limited, non-exclusive, non-transferable license to use the Services and deliverables solely for your internal business purposes as specified in your agreement. You may not resell, redistribute, or reverse engineer our Services without written permission.

6. Project Deliverables and Acceptance

Deliverables will be provided according to the timeline and specifications in your project agreement. You will have a reasonable period (typically 14 days) to review and accept deliverables. If you do not provide feedback or request changes within this period, deliverables will be deemed accepted. Requested changes beyond the original scope may incur additional fees.

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. We will use reasonable efforts to ensure deliverables are free from material defects for a period of 30 days after delivery.

7.2 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH 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
  • Warranties that Services will be uninterrupted, error-free, or secure
  • Warranties regarding third-party software, APIs, or services integrated into deliverables

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Orvex Studios SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from your use or inability to use the Services
  • Issues arising from third-party services, APIs, or software

Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the total amount paid by you to Orvex Studios in the 12 months preceding the claim. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

9. Termination

9.1 Termination by You

You may terminate Services by providing written notice. You remain responsible for all fees incurred up to the termination date and any early termination fees specified in your agreement.

9.2 Termination by Orvex Studios

We may suspend or terminate Services immediately, with or without notice, if:

  • You breach these Terms or your project agreement
  • You fail to make payments when due
  • You engage in fraudulent, illegal, or harmful activities
  • Required by law or to protect our rights or safety

9.3 Effect of Termination

Upon termination, your right to use Services ceases immediately. We may delete your data after a reasonable retention period. Sections of these Terms that by their nature should survive termination will survive, including intellectual property, warranties, limitations of liability, and dispute resolution.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at support@orvex.cc to attempt to resolve any dispute informally. We will work in good faith to resolve disputes within 30 days of receiving your notice.

10.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or a mutually agreed arbitrator. The arbitration will be conducted in English.

You waive your right to a jury trial and agree not to participate in class action lawsuits or class-wide arbitrations against Orvex Studios.

10.3 Exceptions

Either party may seek injunctive relief in court to prevent irreparable harm or to enforce intellectual property rights, without first engaging in arbitration.

11. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of providing Services. This includes business plans, technical specifications, source code, and other sensitive information. Confidentiality obligations survive termination of Services and will be detailed in your project agreement or a separate Non-Disclosure Agreement (NDA).

12. Data Protection and Privacy

We handle personal data in accordance with our Privacy Policy and applicable data protection laws, including GDPR and CCPA. When we process data on your behalf as part of Services, we act as a data processor and will enter into appropriate Data Processing Agreements as required by law.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through our Services. Your continued use of Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of Services.

14. Entire Agreement

These Terms, together with your project agreement, SOW, Privacy Policy, and any other referenced documents, constitute the entire agreement between you and Orvex Studios regarding the Services. They supersede all prior agreements, negotiations, and communications, whether oral or written.

15. Contact Information

If you have questions about these Terms, please contact us:

Email:

support@orvex.cc

Company:

Orvex Studios