Acceptance of Terms
By accessing or using the services provided by Avalency ("Company", "we", "us", or "our"), you agree to be bound by these Terms & Conditions. If you do not agree to all of these terms, you may not access or use our services. We reserve the right to update or modify these terms at any time without prior notice. Your continued use of the services following any changes constitutes acceptance of those changes.
Services Overview
Avalency provides digital design, development, and AI integration services ("Services"). The scope, deliverables, and timeline for each engagement are defined in a separate Statement of Work (SOW) or proposal agreed upon by both parties. We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice.
Client Obligations
You agree to provide timely and accurate information, materials, and feedback necessary for us to perform the Services. Delays caused by your failure to meet these obligations may result in adjusted timelines and additional fees. You are responsible for ensuring that any materials you provide do not infringe upon third-party intellectual property rights.
Intellectual Property
Unless otherwise agreed in writing, all intellectual property created during the engagement is assigned to you upon full payment. We retain the right to use anonymised or generalised project learnings in our portfolio and marketing materials. Pre-existing tools, frameworks, and libraries used in the delivery of Services remain our property and are licensed to you on a non-exclusive, perpetual basis.
Payment Terms
All fees are outlined in the applicable SOW or proposal. Unless otherwise specified, invoices are due within 14 days of issuance. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend Services until outstanding balances are resolved.
Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This obligation survives the termination of the agreement for a period of two (2) years. Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from a third party.
Limitation of Liability
To the maximum extent permitted by law, Avalency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total aggregate liability arising from or related to these terms shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.
Termination
Either party may terminate an engagement with 30 days' written notice. Upon termination, you are responsible for payment of all work completed up to the termination date. We will deliver all completed and in-progress materials upon receipt of final payment. Provisions regarding intellectual property, confidentiality, and limitation of liability survive termination.
Governing Law
These Terms & Conditions are governed by and construed in accordance with the laws of the jurisdiction in which Avalency is registered. Any disputes arising under these terms shall be resolved through good-faith negotiation, and if necessary, binding arbitration in the applicable jurisdiction.
Last updated: 2026-04-01