Evoviatech
Legal

Terms of Service

Last updated: May 1, 2026

1. Acceptance of Terms

By accessing evoviatech.com, submitting an inquiry, or entering into a service agreement with Evoviatech ("we," "our," or "us"), you ("Client" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms form a legally binding agreement between you and Evoviatech.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Important
Please read these Terms carefully before engaging our services. If you do not agree with any part of these Terms, you must not use our services.

2. Description of Services

Evoviatech is a digital engineering agency providing the following categories of services:

  • Custom web application and portal development
  • E-commerce development and Shopify solutions
  • AI integration, automation workflows, and bot development
  • UI/UX design, branding, and content creation
  • Product strategy, MVP development, and prototyping
  • SEO, performance optimization, and ongoing digital support

The specific services, deliverables, timelines, and fees for each engagement are defined in a separate Statement of Work (SOW) or project proposal agreed upon in writing between Evoviatech and the Client prior to commencement of work.

3. Client Obligations

The successful delivery of our services depends on timely and accurate collaboration from you. As a Client, you agree to:

  • Provide accurate, complete, and up-to-date information required for the project
  • Respond to requests for feedback, approvals, or clarifications within agreed timeframes
  • Grant necessary access to systems, accounts, and assets required for delivery
  • Ensure that all materials you provide (content, logos, images, data) do not infringe the rights of any third party
  • Designate a primary point of contact with authority to make project decisions
  • Adhere to agreed payment schedules as outlined in your SOW
Important
Delays caused by the Client's failure to provide required materials, feedback, or approvals may result in revised project timelines and, where applicable, additional fees. Evoviatech is not liable for delivery delays attributable to Client-side bottlenecks.

4. Project Scope and Change Requests

The agreed project scope is defined in the Statement of Work or proposal document. Any request to modify, add to, or remove from the agreed scope constitutes a "Change Request."

Change Request Process

  • All change requests must be submitted in writing (email or project management tool)
  • Evoviatech will assess the impact on timeline and cost within 3–5 business days
  • Work on the change will commence only upon written approval from the Client
  • Approved changes will be documented as addendums to the original SOW

Scope Creep

Requests for work outside the agreed scope that are not formally approved will not be actioned. Evoviatech reserves the right to pause delivery if scope expansions are consistently requested without formal approval.

5. Payment Terms

Payment Schedule

Payment schedules are defined per project in the SOW. Typical structures include:

  • Fixed-Price Projects: 50% upfront deposit, 50% upon completion and approval
  • Milestone-Based Projects: Payment tied to delivery of each agreed milestone
  • Retainer Engagements: Monthly invoices due within 7 days of issue

Late Payments

Invoices unpaid after 14 calendar days of the due date may incur a late fee of 2% per month on the outstanding balance. Evoviatech reserves the right to suspend active work and withhold deliverables until outstanding payments are settled.

Refunds

Deposits are non-refundable once work has commenced. Refunds for partially completed milestones are assessed on a case-by-case basis, proportional to the work completed.

Note
All fees are quoted in USD unless otherwise stated. Clients are responsible for any applicable taxes, duties, or transaction fees associated with payment processing.

6. Intellectual Property Rights

Client Ownership of Deliverables

Upon receipt of full payment, Evoviatech assigns to the Client all intellectual property rights in the custom deliverables created specifically for that project, including but not limited to custom code, designs, and content.

Evoviatech Retained Rights

Evoviatech retains ownership of:

  • Pre-existing tools, frameworks, libraries, and internal methodologies
  • Generic code components, boilerplates, and reusable UI patterns
  • Proprietary automation scripts and workflow templates not created exclusively for the Client

Third-Party Licenses

Our work may incorporate open-source software, licensed fonts, or third-party plugins. The Client is responsible for ensuring compliance with the respective licenses of any third-party components used in their project.

Portfolio Use

Evoviatech reserves the right to reference completed projects in our portfolio and marketing materials unless the Client expressly requests confidentiality in writing prior to project commencement.

7. Confidentiality

Both parties agree to keep confidential all proprietary and sensitive information disclosed during the engagement. This includes business strategies, technical specifications, financial information, and any data marked as confidential.

Confidentiality obligations survive the termination of any project agreement for a period of three (3) years. Upon request, each party will return or destroy confidential materials belonging to the other.

Note
For engagements requiring a formal Non-Disclosure Agreement (NDA), Evoviatech is happy to execute a standalone NDA prior to project discussions. Please request this via your project contact.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Evoviatech's total liability to the Client for any claim arising from or related to our services shall not exceed the total fees paid by the Client for the specific project giving rise to the claim in the twelve (12) months preceding the claim.

Evoviatech shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Losses resulting from third-party platform changes (e.g., Shopify API updates, Google algorithm changes)
  • Issues arising from Client-provided content, credentials, or systems
  • Downtime, outages, or data loss caused by hosting or infrastructure providers

9. Warranties and Disclaimers

Evoviatech warrants that services will be performed with reasonable skill and care, consistent with industry standards. We will promptly address any defects in our deliverables reported within 30 days of project completion at no additional cost.

Beyond the above, services are provided "as is" without warranty of any kind. Evoviatech does not warrant that:

  • Delivered products will meet every specific performance target or business outcome
  • Search engine rankings or conversion rates will achieve specific projections
  • Third-party integrations will remain functional as external APIs evolve

10. Termination

Termination by Client

The Client may terminate a project agreement with 14 days written notice. The Client remains liable for payment of all work completed up to the termination date. Deposits are non-refundable.

Termination by Evoviatech

Evoviatech may terminate a project agreement immediately and without liability if:

  • The Client fails to make payment within 30 days of the due date
  • The Client engages in abusive, threatening, or unlawful conduct toward our team
  • Continued engagement would require Evoviatech to violate applicable laws

Effect of Termination

Upon termination, Evoviatech will deliver all completed work to the Client upon settlement of any outstanding invoices. Provisions relating to payment, intellectual property, confidentiality, and liability survive termination.

11. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If a dispute cannot be resolved informally within 30 days, the parties agree to pursue mediation before initiating any formal legal proceedings.

Written notice of any dispute must be provided to the other party before escalation to formal proceedings.

12. Governing Law

These Terms shall be governed by and construed in accordance with applicable commercial law. For international clients, disputes shall be resolved in the jurisdiction mutually agreed upon in the project agreement, or where no such agreement exists, through internationally recognized arbitration procedures.

13. Changes to These Terms

Evoviatech reserves the right to update these Terms at any time. Changes will be posted to this page with an updated "Last updated" date. For active project clients, material changes will be communicated directly via email.

Continued use of our services after changes are posted constitutes acceptance of the updated Terms.

14. Contact Us

For questions or concerns about these Terms of Service, please contact us: