Terms of Service

1. Acceptance of Terms

By accessing and using the NodeCave website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your access to and use of NodeCave's website, services, and any related applications (collectively, the "Services"). By using our Services, you agree to these Terms.

2. Description of Services

NodeCave provides digital agency services including, but not limited to:

• Custom web development and e-commerce solutions
• UX/UI design services
• Performance marketing and advertising services
• Data analytics and tracking implementation
• Cloud infrastructure and hosting services
• Consulting and advisory services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. Use of Services

3.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the eligibility requirements.

3.2 Acceptable Use

You agree not to use our Services:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape

4. Client Agreements and Projects

When you engage NodeCave for services, the following terms apply:

• All projects are subject to a separate written agreement or statement of work
• Payment terms, deliverables, timelines, and project scope will be specified in the project agreement
• You are responsible for providing accurate information, content, and materials necessary for project completion
• Delays caused by your failure to provide required materials may affect project timelines and costs
• We reserve the right to refuse service to anyone for any reason at any time

5. Intellectual Property

5.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, and software, are owned by NodeCave and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Client Content

You retain ownership of any content, data, or materials you provide to us. By providing such content, you grant us a license to use, modify, and display such content solely for the purpose of providing our Services to you.

You represent and warrant that you own or have the necessary rights to all content you provide and that such content does not infringe upon any third-party rights.

6. Payment Terms

Payment terms for services will be specified in your project agreement. General terms include:

• Payment is due according to the schedule outlined in your project agreement
• Late payments may incur interest charges or result in suspension of services
• All fees are non-refundable unless otherwise specified in writing
• You are responsible for any taxes applicable to the services provided
• We reserve the right to change our pricing with reasonable notice

7. Warranties and Disclaimers

Our Services are provided "as is" and "as available." We make no warranties, expressed or implied, and hereby disclaim all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that our Services will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant or make any representations regarding the use or results of our Services in terms of their correctness, accuracy, reliability, or otherwise.

8. Limitation of Liability

To the fullest extent permitted by applicable law, NodeCave shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use our Services
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from our Services
• Any bugs, viruses, trojan horses, or the like that may be transmitted through our Services

Our total liability to you for all claims arising from or related to the use of our Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless NodeCave and its officers, directors, employees, and agents from and against any claims, actions, suits, or proceedings, as well as any losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of our Services, your violation of these Terms, or your violation of any rights of another party.

10. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in New York, New York.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements.