Terms of Service

1. Acceptance of Terms

By accessing our website, engaging our services, or entering into a service agreement with ZigMax Digital ("we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service.

You must be at least 18 years of age or have the legal capacity to enter into binding contracts in your jurisdiction. If you are acting on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

If you do not agree to these terms, please do not use our website or services.

2. Description of Services

ZigMax Digital provides digital automation and business technology services, including but not limited to:

• Systems and workflow automation
• Client management and CRM setup
• Website design, development, and redesigns
• AI automation and integration
• Ongoing support and maintenance

Specific services, deliverables, timelines, and pricing will be outlined in individual service agreements or proposals.

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information required for service delivery
• Respond to communications and requests for feedback in a timely manner
• Provide access to necessary accounts, systems, and resources as needed
• Ensure you have proper rights and licenses for any content you provide
• Use our services in compliance with all applicable laws and regulations
• Comply with our Acceptable Use Policy
• Maintain security of your account credentials

Delays caused by failure to meet these responsibilities may impact project timelines and deliverables.

4. Intellectual Property Rights

Our Intellectual Property

ZigMax Digital retains all rights to:

• Our branding, logos, and trademarks
• Proprietary tools, templates, and methodologies
• Pre-existing materials and code libraries
• General knowledge and skills developed during your project

Client Intellectual Property

You retain all rights to:

• Your business data and content
• Your branding and trademarks
• Materials you provide to us

Work Product

Upon full payment, ownership of custom deliverables created specifically for you will transfer to you, unless otherwise specified in your service agreement. We may retain the right to display work in our portfolio with your permission.

5. Payment Terms

• Payment terms will be specified in your service agreement or invoice
• We accept payment in currencies specified in your invoice
• Late payments may incur interest at a rate of 1.5% per month or the maximum permitted by law
• We reserve the right to suspend services for overdue payments
• You are responsible for any applicable taxes in your jurisdiction

For details on refunds and cancellations, please see our Refund Policy.

6. Service Delivery

• Project timelines are estimates and may be affected by scope changes, client responsiveness, and third-party dependencies
• We will communicate any anticipated delays as soon as reasonably practicable
• Change requests may impact timelines and costs
• Final deliverables are subject to your review and approval as outlined in your agreement

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• Maximum Liability: Our total liability arising from or related to these terms or our services shall not exceed the total fees paid by you in the twelve (12) months preceding the claim
• No Indirect Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities
• No Guarantees: We do not guarantee specific business outcomes, revenue increases, or results from our services
• Third-Party Dependencies: We are not liable for failures or changes in third-party platforms, APIs, or services that we integrate with

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability will be limited to the greatest extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless ZigMax Digital and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use of our services
• Your violation of these terms
• Your violation of any third-party rights
• Content or data you provide to us
• Your customers' or users' claims related to systems we build for you

9. Warranties and Disclaimers

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the services described

To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that services will be uninterrupted or error-free
• Warranties regarding third-party platforms and integrations
• Warranties that AI and automation tools will produce accurate results in all cases

For additional disclaimers, please see our Disclaimer page.

10. Termination

Either party may terminate a service agreement:

• With written notice as specified in your service agreement
• Immediately if the other party materially breaches these terms and fails to cure within 14 days of written notice

Upon termination:

• You must pay for all services rendered up to the termination date
• We will provide reasonable assistance to transition data and access
• Access to our systems and ongoing services will cease
• Provisions regarding intellectual property, limitation of liability, and indemnification survive termination

11. Dispute Resolution

In the event of a dispute:

1. Good Faith Negotiation: The parties will first attempt to resolve the dispute through good faith negotiation for a period of 30 days
2. Mediation: If negotiation fails, the parties agree to attempt mediation before pursuing other remedies
3. Legal Proceedings: If mediation is unsuccessful, either party may pursue legal remedies as provided by law

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where ZigMax Digital maintains its principal place of business, without regard to its conflict of law provisions. Both parties consent to the personal jurisdiction of the courts in that jurisdiction.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14. General Provisions

• Entire Agreement: These terms, together with any service agreements, constitute the entire agreement between you and ZigMax Digital
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any provision does not constitute a waiver
• Assignment: You may not assign these terms without our written consent
• Notices: Notices will be sent to the email addresses on file

15. Contact Information

If you have questions about these Terms of Service, please contact us: