Terms & Conditions

1. Introduction & Acceptance of Terms

Welcome to Cloudexify ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website at https://cloudexify.site and all related professional services (collectively, the "Services").

By accessing or using our website or engaging our Services, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately stop using our website and Services. Your continued use constitutes your ongoing acceptance of any updates to these Terms.

1.1 Definition of Services

"Services" refers to all professional software development services offered by Cloudexify, including but not limited to: Web Development, Mobile Application Development, AI-Powered Solutions, SaaS Platform Development, Full-Stack Development, Cloud Architecture & DevOps, API Development, and Technical Consultation.

2. User Eligibility & Account

2.1 Age & Legal Capacity

You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use our Services. By using our Services, you represent and warrant that you meet this requirement and have the full legal authority to enter into a binding agreement.

2.2 User Responsibilities

• Provide accurate, current, and complete information during any inquiry or project engagement.
• Maintain the security of any credentials, passwords, or access details shared for project purposes.
• Notify Cloudexify immediately of any unauthorized use of your project account or breach of security.
• Comply with all applicable laws and regulations in your jurisdiction when using our Services.

2.3 Prohibited Uses

You agree not to use our Services or website to:

• Engage in any unlawful, fraudulent, or malicious activities.
• Infringe upon the intellectual property rights of any third party.
• Transmit harmful, offensive, or defamatory content.
• Attempt to gain unauthorized access to any system or network.
• Use the Services to develop competing products or services without prior written consent.

3. Services Description

Cloudexify offers the following professional software development services:

3.1 Service Catalog

• Web Development — Custom Next.js, React, and modern web applications.
• Mobile Application Development — React Native & Expo cross-platform iOS/Android apps.
• AI-Powered Solutions — AI agents, chatbots, LLM integrations, and automation workflows.
• SaaS Platform Development — Multi-tenant platforms with billing, auth, and analytics.
• Full-Stack Development — End-to-end frontend, backend, and database solutions.
• Cloud Architecture & DevOps — AWS, Vercel, CI/CD pipelines, and containerization.
• API Development — RESTful and GraphQL APIs, microservices, and integrations.
• Technical Consultation — Technology selection, architecture reviews, and strategic guidance.

3.2 Service Availability & Modifications

Cloudexify reserves the right to modify, suspend, or discontinue any Service at any time with reasonable notice. We do not guarantee uninterrupted availability of our Services and shall not be liable for any modification, suspension, or discontinuation.

4. Intellectual Property Rights

4.1 Cloudexify's Intellectual Property

All content on our website — including but not limited to text, graphics, logos, images, and software — is the exclusive property of Cloudexify or its licensors and is protected under applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our express written permission.

4.2 Client Work Product Ownership

Upon receipt of full payment for a project, Cloudexify assigns to the Client all rights, title, and interest in the custom code and deliverables developed specifically for that project ("Work Product"), to the extent permitted by law.

4.3 Pre-Existing Materials & Tools

Cloudexify retains ownership of all pre-existing frameworks, libraries, tools, methodologies, and general-purpose code ("Background IP") used in delivering the Services. The Client receives a non-exclusive, perpetual license to use any Background IP embedded in the final deliverables.

4.4 Client-Provided Materials

The Client retains full ownership of all materials, content, data, and assets provided to Cloudexify for use in the project. The Client grants Cloudexify a limited license to use such materials solely for project delivery purposes.

4.5 Portfolio & Attribution

Unless otherwise agreed in writing, Cloudexify reserves the right to display completed projects in its portfolio for marketing purposes. We will not disclose confidential project details without prior Client consent.

5. Payment Terms & Billing

5.1 Pricing & Packages

Project pricing is determined on a per-engagement basis based on scope, complexity, and timeline. Detailed pricing will be outlined in the project proposal or Statement of Work (SOW) provided before project commencement.

5.2 Payment Schedule

• A deposit of 30–50% of the total project cost is required before work commences.
• Milestone payments are due upon delivery and acceptance of each milestone.
• Final payment is due prior to delivery of final files or deployment to production.
• Ongoing retainer services are billed monthly in advance.

5.3 Payment Methods & Currency

Payments are accepted in Pakistani Rupees (PKR) and US Dollars (USD) via bank transfer, Stripe, or other methods agreed upon in writing. Any bank charges or transaction fees are the responsibility of the Client.

5.4 Late Payments

Invoices unpaid after 15 calendar days are subject to a 2% monthly late fee. Cloudexify reserves the right to suspend work on any project with outstanding invoices until the account is settled.

5.5 Refund Policy

Deposits are non-refundable once work has commenced. Refund eligibility for milestone payments is assessed on a case-by-case basis. Refunds are only considered if Cloudexify is unable to deliver the agreed-upon scope through no fault of the Client. Approved refunds are processed within 14 business days.

5.6 Taxes

All prices are exclusive of applicable taxes. Clients are responsible for any applicable sales tax, VAT, GST, or withholding taxes in their jurisdiction.

6. Project Terms & Conditions

6.1 Scope of Work

All projects are governed by a written Statement of Work (SOW) or project proposal that defines deliverables, timelines, and milestones. Any work beyond the defined scope will be treated as a separate engagement and billed accordingly.

6.2 Change Requests

Change requests must be submitted in writing. Cloudexify will assess the impact on timeline and budget and issue a revised proposal. Work on change requests begins only upon written Client approval.

6.3 Client Responsibilities

• Provide timely feedback within 5 business days of deliverable submission.
• Supply all required materials, credentials, and content in a timely manner.
• Designate a single point of contact authorized to make project decisions.
• Provide clear, complete project requirements before development commences.

6.4 Delays & Force Majeure

Cloudexify is not liable for delays caused by Client-side delays, third-party service outages, natural disasters, government actions, or other events beyond our reasonable control. Project timelines may be adjusted accordingly.

7. Confidentiality & Non-Disclosure

7.1 Confidential Information

"Confidential Information" includes all non-public business, technical, financial, and project information exchanged between the parties. Both parties agree to treat such information with strict confidentiality.

7.2 Non-Disclosure Obligations

Each party agrees not to disclose the other's Confidential Information to any third party without prior written consent, and to use it solely for project purposes. These obligations survive termination of the engagement for a period of three (3) years.

7.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was already known to the receiving party; (c) is required to be disclosed by law or court order.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUDEXIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.

Cloudexify's total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total amount paid by the Client to Cloudexify in the three (3) months immediately preceding the event giving rise to the claim.

These limitations do not apply in cases of gross negligence, willful misconduct, or infringement of a third party's intellectual property rights by Cloudexify.

9. Warranties & Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" and "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Cloudexify does not warrant that the Services will be error-free, uninterrupted, or meet all Client requirements. We are committed to professional-grade quality but cannot guarantee specific business results or outcomes from the use of our deliverables.

Third-party services, APIs, or platforms integrated into your project are subject to their own terms and warranties. Cloudexify bears no responsibility for the performance or reliability of third-party services.

10. Indemnification

10.1 Client Indemnification

The Client agrees to indemnify, defend, and hold harmless Cloudexify and its employees, contractors, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from: (a) Client's violation of these Terms; (b) Client's infringement of any third-party intellectual property; (c) misuse of the Services; or (d) any third-party claims related to Client-provided content or materials.

10.2 Cloudexify Indemnification

Cloudexify agrees to indemnify the Client against third-party claims that our original Work Product infringes any valid intellectual property right, provided the Client promptly notifies us of such claim and grants us sole control of its defense.

11. Termination

11.1 Termination by Either Party

Either party may terminate a project engagement with 14 days written notice. Cloudexify may terminate immediately for non-payment, material breach, or conduct that puts our team or reputation at risk.

11.2 Effect of Termination

Upon termination, the Client shall pay for all work completed up to the termination date at the agreed rate. Cloudexify will deliver all completed work product upon receipt of final payment. Sections covering IP, confidentiality, liability, and governing law survive termination.

12. Data Protection & Security

Cloudexify handles all Client data with strict confidentiality and implements industry-standard security measures. We do not sell, share, or exploit Client data for any purpose other than project delivery.

In the event of a data breach that affects Client data, Cloudexify will notify the affected Client within 72 hours of becoming aware of the breach. Clients are responsible for ensuring their own systems and data comply with applicable data protection regulations in their jurisdiction.

Clients who operate in regions subject to GDPR, PDPA, or similar data protection laws are responsible for informing Cloudexify of their compliance requirements before project commencement.

13. Third-Party Services & Integrations

Our Services may involve integration with third-party platforms including, but not limited to, Stripe, Firebase, AWS, Supabase, OpenAI, Anthropic, Google Cloud, and Vercel. The Client acknowledges that use of such platforms is subject to the respective third-party's terms of service.

Cloudexify is not responsible for service outages, pricing changes, API deprecations, or data handling by third-party providers. Any costs associated with third-party services (API fees, hosting, etc.) are the Client's responsibility unless explicitly included in the project scope.

14. Communication & Contact

All official project communication shall be conducted via email or the designated project management platform agreed upon at project start. Cloudexify aims to respond to all inquiries within 1–2 business days.

Emergency support requests should be submitted via email to hello@cloudexify.site with the subject line marked "URGENT." Verbal agreements are not binding unless confirmed in writing.

15. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. Any legal proceedings arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Islamabad, Pakistan.

For international Clients, while Pakistani law governs these Terms, both parties agree to make reasonable efforts to resolve disputes amicably before initiating legal proceedings.

16. Dispute Resolution

16.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice of the dispute.

16.2 Mediation & Arbitration

If informal resolution fails, the parties agree to engage a mutually agreed-upon mediator before pursuing litigation. Should mediation fail, disputes shall be resolved through binding arbitration in Islamabad under the Pakistan Arbitration Act.

16.3 Court Jurisdiction

For matters not subject to arbitration, the parties submit to the exclusive jurisdiction of the Islamabad High Court, Pakistan. Each party waives any objection to the laying of venue in such courts.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable. All remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any executed Statements of Work, project proposals, and our Privacy Policy, constitute the entire agreement between Cloudexify and the Client with respect to the subject matter herein and supersede all prior negotiations, representations, or agreements. No modification of these Terms shall be binding unless made in writing and signed by both parties.

19. Modifications to Terms

Cloudexify reserves the right to update or modify these Terms at any time. We will provide at least 14 days' notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the new Terms.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us: