Please read these Terms of Service ("Terms") carefully before using the Conkoda website or engaging our services.
1. Acceptance of Terms
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must cease use immediately. We reserve the right to modify these terms at any time; continued use constitutes acceptance of the new terms.
2. Services & Scope
Conkoda provides digital design, software development, and strategic consulting services. All specific project deliverables, timelines, and fees will be outlined in a separate Statement of Work (SOW) or Contract. In the event of a conflict between these Terms and a specific SOW, the SOW shall prevail.
3. Intellectual Property Rights
Our IP: Conkoda retains all rights, title, and interest in and to its pre-existing code, tools, methodologies, and design frameworks used to create your project ("Conkoda Background IP").
Your IP: Upon full payment of all fees, Conkoda assigns to you the rights to the final custom Deliverables created specifically for your project. You grant Conkoda a non-exclusive license to display the work in our portfolio and marketing materials.
4. Limitation of Liability
Read Carefully:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONKODA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL CONKODA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CONKODA IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
5. Indemnification
You agree to defend, indemnify, and hold harmless Conkoda and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
6. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
7. Governing Law & Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ghent, Belgium.
8. Contact
If you have any questions about these Terms, please contact us at legal@conkoda.com.