Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Fynex Studio ("Fynex," "we," "us," or "our") governing your access to and use of our website, services, and products.

By accessing our website at https://fynex-gray.vercel.app/, engaging our services, or entering into any agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately discontinue use of our services.

These Terms apply to all users, clients, contractors, and others who access or use our services.

1. Services Offered

Fynex Studio provides comprehensive digital transformation and AI business automation services, including but not limited to:

• AI-powered business automation and optimization
• Custom software development and technical solutions
• Experience design and user interface development
• Identity systems and brand architecture
• Product strategy and technical consulting
• Digital ecosystem development
• Technical scale and infrastructure solutions
• Innovation laboratories and AI experimentation

The specific scope, deliverables, timeline, and compensation for services will be defined in separate project agreements, statements of work (SOW), or service contracts.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

2.2 Account Information

You agree to provide accurate, current, and complete information when scheduling consultations or engaging our services. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

3. Engagement Process and Project Execution

3.1 Consultation and Discovery

Our engagement process typically begins with a consultation to understand your requirements, objectives, and technical needs. This consultation does not create a binding obligation for either party.

3.2 Project Proposal and Agreement

Following the consultation, we will provide a detailed proposal outlining:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing structure and payment terms
• Technical specifications and requirements
• Client responsibilities and dependencies

A formal project engagement begins only upon mutual execution of a signed agreement or statement of work.

3.3 Client Cooperation

Timely project delivery depends on your cooperation, including providing necessary information, feedback, approvals, and access to systems or resources as specified in the project agreement. Delays caused by lack of client cooperation may result in timeline adjustments and additional fees.

4. Fees and Payment Terms

4.1 Pricing

All fees for services are specified in the project agreement or proposal. Pricing may be structured as fixed-price, time and materials, or retainer-based, as agreed upon.

4.2 Payment Schedule

Unless otherwise specified, payment terms typically follow this structure:

• Initial deposit (typically 30-50%) upon project commencement
• Milestone payments based on deliverable completion
• Final payment upon project delivery and acceptance

4.3 Late Payments

Invoices are due within the timeframe specified (typically 15-30 days). Late payments may incur interest charges of 1.5% per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend services for accounts with overdue payments.

4.4 Expenses

Unless included in the agreed fee, you will reimburse reasonable expenses incurred in connection with your project, including third-party software licenses, hosting fees, stock assets, or other external costs.

5. Intellectual Property Rights

5.1 Client-Provided Materials

You retain all rights to materials, content, data, and intellectual property you provide to us. You grant us a limited license to use such materials solely for the purpose of delivering the agreed services.

5.2 Deliverables and Work Product

Upon full payment of all fees:

• Custom-developed deliverables created specifically for your project will be transferred to you
• You will receive a license to use any proprietary tools, frameworks, or pre-existing intellectual property incorporated into the deliverables
• We retain rights to general knowledge, techniques, methodologies, and tools developed or used in providing services

5.3 Portfolio Rights

We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing. We will respect any confidentiality requirements specified in the project agreement.

5.4 Third-Party Components

Deliverables may include third-party software, libraries, or components subject to their respective licenses. You are responsible for complying with such licenses.

6. Confidentiality and Non-Disclosure

Both parties agree to maintain confidentiality of proprietary and sensitive information disclosed during the engagement. This includes:

• Business strategies, processes, and trade secrets
• Technical specifications and proprietary technologies
• Financial information and pricing structures
• Customer data and user information
• Any information marked as confidential

Confidential information excludes information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) is required to be disclosed by law.

7. Warranties and Representations

7.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Deliverables will conform to specifications in the project agreement
• We have the necessary rights to deliver the services
• Our work will not infringe upon third-party intellectual property rights

7.2 Client Warranties

You warrant that:

• You have the authority to enter into this agreement
• Materials you provide do not infringe third-party rights
• Information provided is accurate and complete
• You will use deliverables in compliance with applicable laws

7.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claims arising from services shall not exceed the total fees paid by you in the twelve (12) months preceding the claim
• We shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, revenue, or data
• We are not liable for delays or failures due to circumstances beyond our reasonable control

9. Indemnification

You agree to indemnify, defend, and hold harmless Fynex Studio and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of applicable laws or regulations
• Materials, content, or information you provide
• Your use of deliverables or services
• Infringement of third-party rights by your materials

10. Term and Termination

10.1 Term

These Terms remain in effect for the duration of our engagement and continue until terminated by either party.

10.2 Termination for Convenience

Either party may terminate the engagement with written notice as specified in the project agreement. You remain responsible for payment of all work completed and expenses incurred up to the termination date.

10.3 Termination for Cause

Either party may terminate immediately for material breach if the breach is not cured within thirty (30) days of written notice.

10.4 Effect of Termination

Upon termination, you must pay all outstanding fees, and we will deliver work completed to date. Provisions regarding confidentiality, intellectual property, warranties, and limitations of liability survive termination.

11. Dispute Resolution

11.1 Negotiation

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation.

11.2 Mediation

If negotiation fails, disputes shall be submitted to mediation before a mutually agreed mediator before pursuing litigation.

11.3 Governing Law

These Terms are governed by applicable laws without regard to conflict of law provisions. Any legal action must be brought in the courts having jurisdiction over Fynex Studio's principal place of business.

12. General Provisions

12.1 Entire Agreement

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

12.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or website notice. Continued use of services after changes constitutes acceptance.

12.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to affiliates or successors in connection with a merger or sale.

12.4 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

12.5 Waiver

Failure to enforce any provision does not constitute a waiver of that or any other provision.

12.6 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, acts of government, labor disputes, or technical failures.

13. Contact Information

For questions regarding these Terms of Service, please contact us: