Terms of Service

Introduction

Thank you for choosing Hynx Labs, a service provided by Monavaz, LLC (including its subsidiaries, affiliates, directors, officers, employees, and agents, collectively referred to as “Monavaz”). These Terms of Service (“Terms”) govern your access to and use of our websites (such as hynxlabs.com and monavaz.com, the “Sites”) and services available through our physical locations or the Sites (the “Services”), specifically our website and app design and development services.

By accessing the Sites and/or using the Services, you agree to be bound by these Terms and our Privacy Policy and Cookie Policy, which are incorporated by reference. You affirm that you are of legal age to enter into these Terms, or if not, that you have obtained parental or guardian consent.

These Terms contain a mandatory Arbitration Provision that requires the use of arbitration on an individual basis to resolve disputes, as further detailed below.

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

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

Your Responsibilities

• Accurate Information Providing us with accurate and complete information necessary for the provision of the Services, including project requirements, content, and access credentials as needed. As well as ensuring you have the necessary rights and permissions for any content or materials you provide to us.
• Timely Responses Reviewing and providing timely feedback on designs and development work. Additionally, making timely payments for the Services as agreed upon.
• Legal Compliance Complying with all applicable laws and regulations related to your website or app and its content.

Service Provision

Hynx Labs will provide website and app design and development services as agreed upon in a separate proposal, statement of work, or contract. The specifics of the Services, timelines, and deliverables will be outlined in that separate agreement.

Payments

You agree to pay the fees for the Services as outlined in the applicable proposal, statement of work, or contract.

Monavaz will charge your designated payment method according to the agreed-upon payment schedule. If your primary payment method fails, you authorize us to charge other payment methods on file. You remain responsible for any unpaid amounts. We may update your payment information according to information provided by payment networks or financial institutions.

Advertisements and coupons are valid at Monavaz’s sole discretion.

Intellectual Property

Unless otherwise agreed in a separate written contract, Monavaz retains ownership of all pre-existing intellectual property used in the provision of the Services. Upon full payment, you will typically own the final website or app design, and its unique elements as delivered, subject to any third-party licenses for components included therein (e.g., themes, plugins, libraries). The specific terms of intellectual property transfer will be detailed in your project agreement.

Endorsements

The Sites may contain links to third-party websites. These links do not constitute an endorsement of any products or services offered on those sites. We are not responsible for the content of linked websites unless explicitly stated. Trademarks used on the Sites belong to their respective owners, and Monavaz disclaims any affiliation or endorsement unless specifically stated.

Disclaimer of Warranties

The sites and the services are provided “as is” and “as available” and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Monavaz makes no warranties or representations about the accuracy or completeness of the sites’ content, or the content of any sites linked to this site. We do not warrant that our services will be uninterrupted or error-free.

Limitation of Liability

To the fullest extent permitted by law, Monavaz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Sites or Services. Our total liability for any direct damages shall not exceed the total amount paid by you for the specific Services in question.

This limitation does not apply to death or personal injury caused by our negligence, fraud, or gross negligence.

Indemnification

You agree to indemnify and hold harmless Monavaz and its affiliates from any claims, liabilities, expenses, and damages, including attorney’s fees, arising from your use of the Sites or Services, your violation of these Terms, or your infringement of any third-party rights, including intellectual property rights related to content you provide to us.

Disputes & Arbitration

Except for small claims court matters and intellectual property infringement claims, any disputes arising from or related to these Terms or your relationship with Monavaz shall be resolved through binding arbitration. You waive your right to sue in court and have a jury trial. Arbitration will be conducted on an individual basis only; class actions and class arbitrations are not permitted.

If any provision of this arbitration clause is found unenforceable, the remaining parts will still apply.

Termination

Monavaz may terminate these Terms or the provision of Services at any time, with or without cause or notice. You may terminate your use of the Services at any time. Certain provisions of these Terms, including intellectual property rights, warranty disclaimers, indemnity, and limitations of liability, will survive termination.

Changes to These Terms

Monavaz reserves the right to modify these Terms at any time by posting the updated Terms on the Sites or by other means consistent with applicable law. Your continued use of the Sites and/or Services after such changes constitutes your acceptance of the new Terms.