Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by NexusForge Studios(“we,” “us,” or “our”). By using our website or engaging our services, you agree to these Terms. If you’re entering into this agreement on behalf of a company or organization, you represent that you have authority to bind that entity.

We may update these Terms from time to time. When we do, we will update the “Last Updated” date below and post the revised Terms on this page. Your continued use of the website or services after changes become effective constitutes acceptance of the updated Terms.

You must be at least 18 years old and able to form a binding contract to use our services.

Project-specific details (deliverables, milestones, timeline, price) may be set out in a written estimate, proposal, or Statement of Work (“SOW”). If there’s a conflict between these Terms and an SOW, the SOW controls for that project.

• Provide accurate, timely information, content, and approvals needed to complete the project.
• Obtain all necessary rights/permissions for assets you supply (e.g., logos, photos, copy, fonts).
• Designate a single point of contact for decisions and feedback.

• Unless otherwise stated in an SOW, a deposit may be required to start work. Invoices are due upon receipt.
• Late amounts may incur a late fee or interest as permitted by law. We may pause work or withhold deliverables for past-due balances.
• Pricing excludes third-party costs (e.g., hosting, domain, premium plugins, SaaS tools) unless expressly included in the SOW.

SOWs typically include a defined number of revision rounds. Requests outside scope (extra features, additional pages, redesigns, etc.) may be billed at our current rates or require a change order and timeline update.

We will use commercially reasonable efforts to meet timelines. Delays in feedback, approvals, or asset delivery may extend the schedule. We are not liable for delays caused by third parties or events beyond our control.

• Your Content: You retain all rights to materials you provide. You grant us a limited license to use them as needed to perform the services.
• Deliverables: Upon full payment, we grant you a non-exclusive, perpetual license to use the final deliverables for your business purposes. We retain ownership of our pre-existing IP, tools, frameworks, design systems, and know-how used to create the deliverables, which may be reused in other projects.
• Third-Party/OSS: Some deliverables may include third-party or open-source components governed by their own licenses. You agree to comply with those licenses.

We will not disclose your non-public information except to perform the services or as required by law. Subject to any written NDA or embargo, you grant us permission to display non-confidential work and your logo in our portfolio and marketing materials.

• We warrant that we will perform services in a professional and workmanlike manner.
• EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN SOW, THE WEBSITE, DELIVERABLES, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS. OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES THAT GAVE RISE TO THE CLAIM IN THE 3 MONTHS PRECEDING THE EVENT.

You agree to defend, indemnify, and hold us harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your content or materials; (b) your misuse of the website or deliverables; or (c) your breach of these Terms.

Ongoing support, maintenance, or feature development is not included unless stated in an SOW or maintenance plan. If included, the plan’s terms control (e.g., response times, scope, exclusions).

• Either party may terminate an SOW for material breach not cured within 10 days of written notice.
• If you terminate for convenience, you will pay for work performed up to the termination date and any non-refundable third-party costs.
• Upon termination, we may provide any in-progress work, subject to payment of outstanding amounts.

These Terms are governed by the laws of [Your State], without regard to conflicts of law principles. Before filing any claim, the parties will attempt in good faith to resolve disputes through informal negotiation for 30 days. If not resolved, disputes will be brought in the state or federal courts located in [Your County, Your State], and the parties consent to personal jurisdiction there. You waive any objection to venue or forum non conveniens. (If you prefer arbitration, replace this paragraph with your arbitration clause.)

If we provide hosting or manage your site, you agree not to use the services for unlawful, infringing, harmful, or abusive activities, including spam, malware, denial-of-service attacks, or content that violates third-party rights or applicable law. We may suspend service to protect infrastructure or comply with law.

Our Privacy Policy explains how we collect and use personal information. By using our website or services, you also agree to the Privacy Policy.

• Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.
• Independent Contractor: We are an independent contractor; nothing creates a partnership, joint venture, or agency.
• Assignment: You may not assign these Terms without our written consent. We may assign to an affiliate or in a merger, acquisition, or sale of assets.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• Entire Agreement: These Terms plus any SOW constitute the entire agreement and supersede prior discussions.
• Notices: Notices must be in writing and sent to the contacts specified in the SOW or via email with confirmation.