Last Updated: December 30, 2024
Welcome to Wedigma. By accessing or using our website (wedigma.com) and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.
These Terms constitute a legally binding agreement between you ("Client", "you", or "your") and Wedigma ("we", "us", or "our"). We reserve the right to modify these Terms at any time. Your continued use of our services after changes constitutes acceptance of the modified Terms.
Wedigma is an enterprise product studio providing software development, product design, cloud infrastructure, and digital growth services. Our services include but are not limited to:
Specific services, deliverables, timelines, and pricing are defined in individual project agreements or Statements of Work (SOW).
All client engagements are governed by a written project agreement or Statement of Work that includes:
Clients agree to:
Changes to project scope, timeline, or deliverables require written approval through a Change Order. Additional work resulting from scope changes will be billed at our standard rates or as mutually agreed.
Late payments will incur a late fee of 1.5% per month (or the maximum permitted by law) on the outstanding balance. We reserve the right to suspend work on overdue accounts until payment is received.
Unless otherwise agreed, clients are responsible for reimbursing reasonable project-related expenses including hosting fees, software licenses, stock assets, and third-party services.
Upon full payment, clients own all custom deliverables created specifically for their project, including:
Wedigma retains ownership of:
Clients receive a license to use our tools and frameworks as part of project deliverables.
Projects may include open-source software, third-party libraries, and licensed assets. These remain subject to their original licenses. We ensure compliance with all license requirements.
Unless explicitly restricted in writing, Wedigma may use completed projects in our portfolio, case studies, and marketing materials. We will not disclose confidential business information without permission.
Both parties agree to maintain confidentiality of proprietary information shared during the engagement. Confidential information includes:
Confidentiality obligations survive project completion for 3 years unless a separate NDA specifies otherwise.
We warrant that:
We provide a 30-day warranty on deliverables for defects in materials and workmanship. Our sole obligation is to correct or re-perform defective work at no additional charge. This warranty does not cover issues caused by client modifications, third-party changes, or changes in the operating environment.
EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET ALL CLIENT REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
These limitations apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.
Client agrees to indemnify and hold Wedigma harmless from claims arising from:
Either party may terminate a project with 30 days' written notice. Client remains responsible for:
Either party may terminate immediately for material breach if the breach is not cured within 15 days of written notice. Material breaches include non-payment, confidentiality violations, or failure to perform core obligations.
Upon termination, we will deliver work completed to date. Client receives rights only to deliverables that are fully paid. Confidentiality, payment, indemnification, and limitation of liability provisions survive termination.
Before initiating formal proceedings, parties agree to attempt good-faith negotiation to resolve disputes. Disputes will be escalated to senior leadership for resolution discussions.
If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will be conducted in English at a mutually agreed location or virtually.
Either party may seek injunctive relief in court for intellectual property infringement, confidentiality breaches, or to compel arbitration.
Wedigma is an independent contractor, not an employee or agent of Client. We control the means and methods of performing services.
Neither party may assign rights or obligations without written consent, except we may assign to affiliates or in connection with a merger or sale.
These Terms, together with project agreements and SOWs, constitute the entire agreement and supersede all prior communications and understandings.
If any provision is found unenforceable, the remaining provisions remain in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
These Terms are governed by the laws of the jurisdiction where Wedigma is registered, without regard to conflict of law principles.
For questions about these Terms of Service, please contact us:
These Terms of Service are effective as of December 30, 2024 and supersede all prior versions. By using our services after this date, you agree to be bound by these Terms.