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Terms and Conditions

Last Updated: December 18, 2025

These Terms and Conditions ("Terms") govern your access to and use of https://ekyon.io (the "Website") and any services provided by Ekyon ("we," "us," "our").

By accessing the Website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use the Website or our services.

1Services

We provide technology and software development services, including:

  • Custom Software Partnerships (ongoing dedicated teams)
  • Fixed-price projects: Growth Commerce Bundles, MVP in 60 Days, AI Agent Accelerators
  • Mobile applications (iOS & Android using React Native and native technologies)
  • Web applications, websites, and e-commerce platforms
  • AI-powered agents and automation solutions
  • UI/UX design and product strategy

Services are provided on a project basis. Specific scope, timelines, pricing, and deliverables are outlined in separate proposals, statements of work (SOW), or service agreements.

2Client Engagement

  • Inquiries: Contact via the Website, email (hello@ekyon.io), or phone may lead to discovery calls and proposals.
  • Contract Formation: Acceptance of a proposal or SOW (via signature or written confirmation) constitutes a binding agreement.
  • Payments: As specified in the proposal (upfront deposits, milestone payments, or monthly retainers). All prices are in USD unless otherwise agreed, exclusive of applicable taxes.
  • Late Payments: Invoices are due within 14 days unless otherwise specified. Late payments may incur interest at 1.5% per month and may result in project suspension.
  • Right to Refuse: We reserve the right to decline any project at our discretion.

3Intellectual Property

Client Ownership

Upon full payment, ownership of custom deliverables (source code, designs, applications) transfers to the client, excluding:

  • Third-party libraries, frameworks, and tools
  • Pre-existing Ekyon code, templates, or components
  • Open-source software (governed by their respective licenses)

Ekyon Ownership

We retain ownership of pre-existing intellectual property, methodologies, frameworks, and tools. Clients receive a perpetual, non-exclusive license to use such elements within their deliverables.

Portfolio Rights

We may showcase completed projects in our portfolio, website, and marketing materials unless confidentiality is agreed in writing prior to project commencement.

Client Materials

You represent that you have the right to provide all materials (content, images, data) for the project and grant us a license to use them for project delivery.

4Confidentiality

Both parties agree to maintain confidentiality of proprietary information disclosed during the engagement. This includes business plans, technical specifications, pricing, and any information marked as confidential.

Confidentiality obligations survive termination of the agreement for a period of 3 years, except for trade secrets which remain protected indefinitely.

5Project Delivery & Acceptance

  • Timelines: Delivery dates are estimates and depend on timely client feedback and approvals.
  • Review Period: Clients have 7 business days to review deliverables and provide feedback. Silence is deemed acceptance.
  • Revisions: Number of revision rounds is specified in the SOW. Additional revisions are billed at our standard rates.
  • Scope Changes: Changes outside the agreed scope require a change order with adjusted timeline and pricing.

6Warranties and Support

  • Professional Standards: We warrant that services will be performed with professional skill and care.
  • Bug Fixes: We provide complimentary bug fixes for issues arising from our code for 30-90 days post-launch (as specified in SOW).
  • Support Packages: Extended support and maintenance are available as separate agreements.
  • No Third-Party Warranty: We do not warrant third-party services including cloud platforms (AWS, Firebase, etc.), app store approvals, payment processors, or APIs.

7Limitation of Liability

To the maximum extent permitted by law:

  • We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.
  • Our total aggregate liability shall not exceed the fees paid by you for the specific service giving rise to the claim in the 12 months preceding the incident.
  • These limitations apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

Some jurisdictions do not allow limitation of certain damages. In such cases, our liability is limited to the maximum extent permitted by law.

8Indemnification

You agree to indemnify and hold Ekyon harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your breach of these Terms
  • Your use of deliverables in violation of applicable laws
  • Content or materials you provide that infringe third-party rights
  • Your end users' use of applications or services we develop

9Termination & Cancellation

By Client

  • You may terminate with 14 days written notice (or as specified in SOW)
  • Payment is due for all work completed up to termination date
  • Upfront deposits are generally non-refundable

By Ekyon

  • We may terminate for non-payment (after 14 days notice) or material breach
  • We may suspend work if payments are overdue or client is unresponsive for 30+ days

Effect of Termination

  • Upon termination, we will deliver completed work-in-progress after final payment
  • Confidentiality, IP, and limitation of liability provisions survive termination

10Refund Policy

  • Before Work Begins: Full refund minus any administrative fees (typically 5%)
  • Work in Progress: Refund for undelivered milestones only; completed work is non-refundable
  • After Delivery: No refunds after deliverable acceptance or the review period

Refund requests must be submitted in writing to hello@ekyon.io within 7 days of the issue.

11Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, internet outages, or third-party service failures.

The affected party must notify the other promptly. If the force majeure event continues for more than 60 days, either party may terminate without penalty.

12Acceptable Use

You agree not to use our services to:

  • Develop products that violate any applicable laws
  • Create systems for illegal activities, fraud, or harm to others
  • Infringe on intellectual property rights of third parties
  • Engage in activities that could damage our reputation or business

We reserve the right to refuse or terminate projects that violate these guidelines.

13Dispute Resolution

Informal Resolution

Before initiating formal proceedings, both parties agree to attempt good-faith negotiations to resolve disputes within 30 days.

Mediation

If informal resolution fails, disputes may be submitted to mediation before arbitration or litigation.

Governing Law

These Terms are governed by applicable laws based on the nature of the engagement. For international clients, disputes shall be resolved through arbitration under ICC rules, with proceedings in English.

14General Provisions

  • Entire Agreement: These Terms, together with any SOW or proposal, constitute the entire agreement and supersede prior understandings.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Assignment: You may not assign these Terms without our consent. We may assign to affiliates or successors.
  • Waiver: Failure to enforce any right does not constitute a waiver of that right.
  • Notices: Legal notices should be sent to hello@ekyon.io or via certified mail.

15Changes to Terms

We may update these Terms at any time. Material changes will be communicated via email or website notice. Continued use of our services after changes constitutes acceptance of the updated Terms.

Existing project agreements remain governed by the Terms in effect at the time of signing.

16Contact Information

For questions about these Terms:

Phone: +91 799 030 5418

Company Information

Ekyon is a brand of Contemy Creatives Private Limited, a company registered in India.

Registered Address: TF-312, Lilamani Corporate Heights, Vadaj, Ahmedabad - 380013, Gujarat, India.