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Terms of Service
Agreement to These Terms
These Terms of Service govern your access to engazedigital.com and any product engineering or growth engagement delivered by Engaze Digital, based in Noida, Uttar Pradesh, India. By accessing our website or signing a Statement of Work with Engaze Digital, you agree to be bound by these Terms.
Services
Scope of Engagement
Engaze Digital designs, engineers, and secures websites, custom software, native Mac and iPhone applications, technical SEO, Answer Engine Optimization (AEO), autonomous AI agents and workflow automations, and cybersecurity assessments and zero-trust controls. The exact scope, authorization boundaries, schedule, and deliverables for each project are defined in a signed Statement of Work (SOW) agreed upon by both parties before work begins.
Discovery Calls
Initial discovery calls are complimentary and create no binding obligation. A formal client relationship begins only when both parties sign an applicable SOW.
Deliverables
Milestones and acceptance criteria are set out in each SOW. We use commercially reasonable efforts to meet target dates, which serve as planning estimates unless the SOW specifies a fixed delivery commitment.
Engagement Terms
Growth Sprint
Growth Sprint engagements are fixed-term, typically running for 8 weeks. The engagement begins on the date specified in the SOW and concludes upon delivery of the final agreed-upon deliverables. Early termination by the client does not entitle the client to a refund of fees already paid.
Growth Partnership
Growth Partnership engagements operate on a monthly retainer basis with a minimum initial commitment of one quarter (3 months). After the initial commitment period, either party may terminate with 30 days written notice. Fees are billed monthly in advance.
Custom Engagements
Custom engagements are scoped individually. All terms including duration, deliverables, fees, and termination provisions will be defined in the applicable SOW.
Fees and Payment
Payment Terms
All fees are as stated in the applicable SOW. Unless otherwise agreed, invoices are due within 14 days of receipt. Late payments may incur a fee of 1.5% per month on the outstanding balance. We reserve the right to pause work on any engagement with overdue payments exceeding 30 days.
Expenses
Any travel, software, or third-party expenses required for the engagement will be pre-approved by the client in writing before being incurred. Approved expenses will be invoiced separately at cost.
Fee Adjustments
For ongoing engagements, we reserve the right to adjust fees with 60 days written notice. Adjusted fees will apply to the next billing cycle following the notice period.
Intellectual Property
Client Ownership
Upon full payment, the client owns all custom deliverables created specifically for their engagement, including custom website and application source code, design systems, AI agent and automation workflows, security remediation reports, search content assets, and technical documentation specified in the SOW.
Engaze Digital Retained Rights
Engaze Digital retains ownership of pre-existing intellectual property, internal libraries, and reusable engineering tooling used during delivery. Upon full payment, the client receives a perpetual, non-exclusive license to use any embedded tooling needed to operate their deliverables.
Portfolio and Case Studies
Unless restricted in writing, Engaze Digital may reference the client name and general project scope in portfolio materials and case studies. Confidential business metrics are never published without prior written approval.
Confidentiality
Mutual Obligations
Both parties agree to protect proprietary or non-public information shared during an engagement, including financial records, customer lists, source code, and materials marked confidential. Confidentiality obligations remain in effect for two years after the engagement concludes.
Exceptions
Confidentiality obligations do not apply to information that is publicly available, independently developed, received from a third party without restriction, or required to be disclosed by law.
Warranties and Limitations
Service Warranty
We warrant that our work will be performed with professional skill consistent with established software and advisory standards. Because market demand and internal client execution sit outside our unilateral control, we do not guarantee specific revenue or traffic figures unless explicitly stated in an SOW.
Limitation of Liability
To the maximum extent permitted by law, Engaze Digital's aggregate liability for any claim arising out of an engagement shall not exceed the fees paid by the client under the applicable SOW during the 12 months preceding the claim. Neither party shall be liable for indirect, consequential, or punitive damages.
Termination
Termination for Cause
Either party may terminate an engagement upon written notice if the other party materially breaches these Terms or the applicable SOW and fails to cure that breach within 15 days of receiving written notice.
Effect of Termination
Upon termination, the client pays for services performed and pre-approved expenses incurred through the termination date. Engaze Digital delivers completed and paid work-in-progress upon receipt of final payment. Provisions covering intellectual property, confidentiality, liability limits, and governing law survive termination.
General Provisions
Independent Contractor
Engaze Digital acts solely as an independent contractor. Nothing in these Terms creates an employment, joint venture, or agency relationship between the parties.
Governing Law
These Terms are governed by the laws of India. The courts at Gautam Buddh Nagar, Uttar Pradesh, India have exclusive jurisdiction over any dispute arising from these Terms or an engagement under them.
Amendments
We may update these Terms from time to time. Material changes will be communicated via email or through our website. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Contact
For questions about these Terms, please contact us at hello@engazedigital.com .