Terms of Service

Agreement / 01

By using the site or working with us, you accept these terms.

These Terms of Service (“Terms”) form a binding agreement between you and XHOXA. They apply to your access and use of this website and, together with any project-specific proposal, statement of work or contract, to the services we deliver.

If you do not agree with any part of these Terms, do not use the website and do not engage us for work. Continued use of the site after we publish changes constitutes acceptance of the updated Terms where permitted by law. The “Last updated” date at the bottom of this page shows the current version.

Website visitors

Browsing, contacting us, or submitting a brief means you accept the parts of these Terms that govern site use, content and communication.

Clients and prospects

When we start a project, a written proposal or agreement will sit alongside these Terms and will control any conflict on project-specific points.

Organisations

If you act on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

Changes

We may update these Terms. Material changes will be reflected by a new “Last updated” date. Review this page periodically.

02 / WHAT WE DO

Description of services.

XHOXA is a technology agency. We design and engineer digital products, platforms, mobile experiences, internal systems, AI-assisted capabilities, product design surfaces and supporting infrastructure. The exact scope of any engagement is defined in a written proposal, statement of work or contract.

SCOPE

Defined by writing

We do not deliver open-ended “whatever you need” retainers unless a written agreement says so. Each project has a defined scope, deliverables, timeline assumptions and acceptance criteria. Changes to scope are handled through a written change process.

NO GUARANTEE

Outcomes vs. effort

We commit to professional design and engineering work. We do not guarantee commercial results (traffic, revenue, rankings, user adoption or similar) unless a specific written guarantee is agreed in a contract.

THIRD PARTIES

Tools and platforms

Projects often rely on third-party services (hosting, APIs, payment providers, analytics, app stores). Those services have their own terms. We are not responsible for outages, policy changes or pricing changes of third-party platforms.

ADVICE

Recommendations only

Any advice, estimates or recommendations we provide are given in good faith based on the information available at the time. Final decisions about technology, budget and business risk remain yours.

Site rules / 03

Acceptable use of this website.

You may use the website for lawful purposes only. The following activities are prohibited.

No harmful activity

Do not attempt to disrupt, overload, reverse-engineer or compromise the site, its servers, or any connected systems.

No scraping at scale

Automated collection of content or data from the site beyond ordinary search-engine indexing is not allowed without prior written permission.

No misrepresentation

Do not impersonate XHOXA, claim affiliation you do not have, or use our name, marks or content in a way that suggests endorsement.

No illegal content

Do not upload or transmit material that is unlawful, defamatory, infringing, or that violates the rights of others.

Accurate information

When you contact us or submit a brief, provide accurate and complete information. Misleading submissions waste time and may be refused.

Respect the system

Use the site in a manner consistent with its purpose: learning about our work and initiating legitimate professional conversations.

Engagements / 04

How client projects work.

These points apply to paid design and engineering work unless a separate written agreement states otherwise.

Proposal and acceptance

Work begins only after you accept a written proposal or statement of work (email confirmation is sufficient). That document defines scope, timeline assumptions, fees and payment schedule.

Written

Client responsibilities

You provide timely feedback, access to necessary accounts and materials, and decisions within agreed review windows. Delays on your side may shift delivery dates without fault on ours.

Shared

Change requests

Work outside the agreed scope requires a written change order (or equivalent confirmation) that may adjust fee and timeline. We will not perform material extra work without that agreement.

Controlled

Acceptance of deliverables

Deliverables are considered accepted when you approve them in writing or when a stated review period passes without documented rejection. Minor residual issues can be handled under a defined warranty or support window if agreed.

Clear

Payment

Invoices are due according to the schedule in the proposal. Late payment may pause work and may attract reasonable recovery costs. Ownership transfer of final work product is typically conditioned on full payment.

On schedule

Cancellation

Either party may terminate a project according to the terms in the proposal. Work completed up to the termination date remains payable. Deposits or staged payments already made are handled as stated in the agreement.

Fair

05 / INTELLECTUAL PROPERTY

Who owns what.

Clear ownership is essential. The rules below apply unless a project contract expressly states different terms.

SITE

Website content

All text, design, code, graphics, trademarks, logos and other materials on this website are owned by XHOXA or our licensors. You may not copy, modify, distribute or create derivative works from them without prior written permission, except for ordinary personal viewing and fair use under applicable law.

CLIENT WORK

Project deliverables

Upon full payment of all fees due for a project, you receive ownership of the final deliverables specifically created for you under that project, excluding any pre-existing tools, frameworks, libraries, design systems or methods that we reuse across clients.

OURS

Our tools and methods

We retain all rights in our internal processes, templates, code patterns, design systems, research, and any materials not uniquely created for you. We may use anonymised learnings and non-confidential techniques on other projects.

THIRD-PARTY

Open source & licences

Projects may incorporate open-source components or third-party assets under their own licences. Those licences continue to apply. We will identify material third-party dependencies when relevant to your ability to use or redistribute the work.

Discretion / 06

Confidentiality.

We treat non-public information you share with us in the course of an enquiry or project as confidential. We will not disclose it to third parties except as needed to perform the work (for example to subcontractors under confidentiality obligations), as required by law, or with your permission.

You agree to treat any non-public information we share about our methods, pricing structure, or unreleased work as confidential. These obligations survive the end of a project for a reasonable period, typically three years or as stated in a separate NDA.

Warranties / 07

Disclaimers.

The website and our services are provided on the terms below. Some jurisdictions do not allow certain disclaimers; in those cases the disclaimer applies to the maximum extent permitted.

Website “as is”

The website is provided “as is” and “as available”. We do not warrant that it will be uninterrupted, error-free, or free of harmful components. We may change or discontinue any part of the site at any time.

As available

No implied warranties for services

Except as expressly stated in a written project agreement, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent allowed by law.

Express only

Third-party content and links

The site may link to external resources. We do not control and are not responsible for their content, availability or practices.

External

08 / LIMITATION OF LIABILITY

How far our responsibility extends.

To the maximum extent permitted by applicable law, XHOXA and its team members will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to the website or our services.

CAP

Aggregate limit

Our total aggregate liability arising out of or related to any project or these Terms will not exceed the total fees you actually paid to us for the specific services giving rise to the claim in the twelve months preceding the claim.

EXCLUSIONS

What remains

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Protection / 09

Indemnification.

You agree to indemnify and hold harmless XHOXA and its team from and against reasonable claims, damages, losses and expenses (including reasonable legal fees) arising out of your misuse of the website, your breach of these Terms, or content or materials you provide to us that infringe third-party rights, except to the extent caused by our own negligence or wilful misconduct.

Jurisdiction / 10

Governing law and disputes.

These Terms are governed by the laws of the jurisdiction in which XHOXA primarily operates, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the website will be subject to the exclusive jurisdiction of the courts of that jurisdiction, unless applicable consumer-protection law gives you the right to bring proceedings in your local courts.

Good-faith resolution

Before filing a formal claim, both parties agree to attempt to resolve the dispute through good-faith discussion. Contact us first; most issues can be sorted without escalation.

Preferred

Project contracts control

If a signed project agreement contains a different governing-law or dispute-resolution clause, that clause prevails for disputes arising under that agreement.

Specific first

Boilerplate / 11

General provisions.

Entire agreement

These Terms, together with any project proposal or contract you accept, constitute the entire agreement between you and XHOXA regarding the subject matter and supersede prior discussions on the same topics.

Severability

If any provision of these Terms is held unenforceable, the remaining provisions continue in full force. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver

Failure to enforce any right under these Terms does not waive that right. Any waiver must be in writing to be effective.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a reorganisation or transfer of our business.

Clear terms. Clean working relationship.