Terms of Service
Last updated: May 2025 · Effective: May 20, 2025
These Terms of Service govern your use of the MojoStudios website and your engagement with our services. Please read them carefully. By using our services, you enter into a binding legal agreement with MojoStudios, Bengaluru, India.
1. Acceptance of Terms
1.1 Agreement
By accessing our website, contacting us, or engaging MojoStudios for services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these terms, please do not use our services.
1.2 Updates to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on our website. Continued use of our services after changes constitutes your acceptance of the revised Terms.
2. Services
2.1 Scope
MojoStudios provides mobile app development, web platform development, AI integration, product design, DevOps & cloud infrastructure, product strategy, and post-launch growth services. The specific scope of any engagement is defined in a mutually agreed Statement of Work (SOW) or project proposal.
2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.
2.3 Service Standards
We commit to performing all services with reasonable skill, care, and professionalism in accordance with industry standards. All deliverables will be completed as described in the agreed SOW.
3. Client Obligations
3.1 Cooperation
You agree to provide timely access to necessary resources, feedback, approvals, and materials required for service delivery. Delays caused by failure to cooperate may impact timelines and costs, for which MojoStudios cannot be held liable.
3.2 Accurate Information
You represent that all information you provide to us is accurate, complete, and current. You will promptly update us of any changes that may affect the delivery of services.
3.3 Lawful Use
You agree to use MojoStudios's services only for lawful purposes. You will not request services that violate any applicable laws, infringe third-party intellectual property rights, or facilitate illegal activity.
4. Intellectual Property
4.1 Client Ownership
Upon receipt of full payment, all custom code, designs, and deliverables created specifically for your project are assigned to you. You receive full intellectual property rights and ownership over all project-specific work product.
4.2 MojoStudios IP
We retain ownership of all pre-existing tools, frameworks, libraries, methodologies, know-how, and general technology that we use in delivering services. We grant you a non-exclusive license to use any such proprietary technology incorporated into your deliverables.
4.3 Third-Party Components
Some deliverables may incorporate open-source software, third-party libraries, or licensed components. These remain subject to their respective licenses. We will disclose any such components and their applicable licenses.
4.4 Portfolio Rights
Unless otherwise agreed in writing, we reserve the right to display your project in our portfolio and marketing materials as an example of our work. We will not disclose confidential details without your explicit consent.
5. Payment Terms
5.1 Fees
Fees for services are as specified in the agreed proposal or SOW. All fees are exclusive of applicable taxes unless stated otherwise. You are responsible for all taxes, duties, and levies applicable to your jurisdiction.
5.2 Payment Schedule
Typical payment structure is 50% upfront before work begins, with the remaining balance due upon project completion or as specified in the SOW. Milestone-based projects will have payments tied to milestone completions.
5.3 Late Payments
Invoices not paid within the agreed payment terms may incur a late payment fee of 1.5% per month on the outstanding balance. We reserve the right to suspend work on overdue accounts until payment is received.
5.4 Refunds
Payments for work already completed are non-refundable. If a project is cancelled mid-way, you will be billed for work completed to date. Any advance payments for future work will be refunded on a pro-rata basis.
6. Confidentiality
6.1 Mutual NDA
Both parties agree to keep confidential any proprietary information, business plans, technical specifications, client lists, and other non-public information shared during the engagement. This obligation survives termination of services.
6.2 Exclusions
Confidentiality obligations do not apply to information that is (a) publicly known, (b) independently developed without use of confidential information, (c) received from a third party without restriction, or (d) required to be disclosed by law.
7. Limitation of Liability
7.1 Maximum Liability
To the fullest extent permitted by law, MojoStudios's total liability to you for any claims arising from our services shall not exceed the total fees paid by you to us in the 3 months preceding the claim.
7.2 Exclusion of Consequential Damages
In no event shall MojoStudios be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, data loss, business interruption, or loss of goodwill — even if we have been advised of the possibility of such damages.
7.3 Force Majeure
We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including natural disasters, government actions, internet outages, strikes, or other unforeseen circumstances.
8. Warranties & Disclaimers
8.1 Limited Warranty
We warrant that our services will be performed with reasonable skill and care, and that deliverables will substantially conform to the agreed specifications. We will remedy material defects reported within 30 days of delivery at no additional cost.
8.2 Disclaimer
Except as expressly stated herein, all services and deliverables are provided 'as is' without any warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.3 No Performance Guarantee
While we use best efforts to deliver high-quality products, we do not guarantee specific business outcomes, revenue results, app store rankings, or user acquisition metrics. Results depend on many factors outside our control.
9. Termination
9.1 Termination by Either Party
Either party may terminate an engagement with 14 days written notice. Upon termination, you will pay for all work completed to the termination date. We will deliver all completed work product and project assets.
9.2 Termination for Cause
Either party may terminate immediately if the other party materially breaches these Terms and fails to cure such breach within 7 days of written notice. We may also terminate immediately for non-payment.
9.3 Effect of Termination
Upon termination, all licenses granted under the agreement will cease except for deliverables fully paid for. Provisions that by their nature should survive termination shall continue in effect.
10. Governing Law & Disputes
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
10.2 Dispute Resolution
In the event of any dispute arising from or relating to these Terms, the parties shall first attempt to resolve the matter through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to arbitration in Bengaluru, India.
10.3 Jurisdiction
For any matters not subject to arbitration, you consent to the exclusive jurisdiction of courts located in Bengaluru, Karnataka, India.
11. General Provisions
11.1 Entire Agreement
These Terms, together with any applicable SOW or proposal, constitute the entire agreement between you and MojoStudios regarding our services and supersede all prior agreements and understandings.
11.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
11.3 No Waiver
Failure by MojoStudios to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
11.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor entity in connection with a merger or acquisition.
12. Contact
Legal Inquiries
MojoStudios Bengaluru, India Email: [email protected] For any questions about these Terms of Service or to request a copy of your data, please contact us. We aim to respond within 5 business days.