Terms of Service

Last updated: April 11, 2025

1. Introduction and Acceptance

Welcome to Hexagone. These Terms of Service ("Terms") govern your access to and use of our website, products, and services ("Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

We may modify these Terms at any time. Your continued use of our Services after any changes constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that:

  • You are at least 16 years old
  • You have the legal capacity to enter into these Terms
  • Your use of our Services does not violate any applicable law or regulation
  • If you are using our Services on behalf of an organization, you have the authority to bind that organization to these Terms

3. Account Registration and Security

You may need to create an account to access certain Services. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.

We reserve the right to suspend or terminate your account at our discretion, without notice, if we believe you have violated these Terms or for any other reason.

4. Services and Payment

Services

We offer various software development and digital services, including but not limited to web development, mobile app development, AI and machine learning solutions. The specific details, deliverables, and timelines for each service will be outlined in a separate Statement of Work or service agreement.

Payment and Billing

All fees and payment terms will be specified in the applicable service agreement. Unless otherwise stated:

  • All fees are quoted in the currency specified and are exclusive of applicable taxes
  • Payment is required in accordance with the payment schedule outlined in the service agreement
  • Late payments may be subject to interest charges
  • We reserve the right to suspend services if payment is not received according to the agreed terms

Refunds and Cancellations

Our refund and cancellation policy is specified in the applicable service agreement. In general, services that have already been delivered cannot be refunded. For ongoing services, cancellation terms will be outlined in the service agreement.

5. Intellectual Property

Our Intellectual Property

All content on our website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Hexagone or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

Our name, logos, product names, and service names are trademarks or registered trademarks of Hexagone. You may not use these trademarks without our prior written consent.

Client Materials and Deliverables

You retain all rights to materials and content you provide to us. Upon full payment for our services, and unless otherwise specified in the service agreement:

  • You will own the deliverables specifically created for you as part of our services
  • We retain ownership of pre-existing materials, tools, frameworks, and knowledge used to create your deliverables
  • We may retain a license to use certain components of the deliverables for promotional purposes, such as in our portfolio

License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our website and Services for your personal or business purposes. This license does not include the right to:

  • Modify or copy our website or its contents
  • Use any material for commercial purposes without our express permission
  • Reverse engineer, decompile, or disassemble any software contained on our website
  • Remove any copyright or other proprietary notations
  • Transfer the materials to another person or "mirror" the materials on any other server

6. User Conduct and Content

You agree not to use our Services to:

  • Violate any law, regulation, or third-party rights
  • Post, upload, or distribute content that is illegal, harmful, defamatory, obscene, or otherwise objectionable
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity
  • Engage in any activity that could damage, disable, overburden, or impair our Services
  • Attempt to gain unauthorized access to our Services or user accounts
  • Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
  • Collect or harvest any personally identifiable information from other users

We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without notice.

7. Confidentiality

During the course of providing our Services, we may exchange confidential information. Both parties agree to maintain the confidentiality of any information designated as confidential or that would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

This confidentiality obligation survives the termination of our Services and continues for a period specified in the service agreement or, if not specified, for a reasonable period of time.

8. Warranty and Disclaimer

We strive to provide our Services with the highest level of quality and professionalism. However, our Services are provided "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our Services will be uninterrupted or error-free, or that any defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of our Services in terms of their correctness, accuracy, reliability, or otherwise.

Any specific warranties for deliverables will be outlined in the applicable service agreement.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Hexagone, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use our Services
  • Any conduct or content of any third party on our Services
  • Any content obtained from our Services
  • Unauthorized access, use, or alteration of your transmissions or content

In any case, our aggregate liability shall not exceed the amount you have paid to us for our Services over the previous 12 months or as specified in the applicable service agreement.

10. Indemnification

You agree to indemnify, defend, and hold harmless Hexagone, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with:

  • Your access to or use of our Services
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right
  • Any content you submit, post, or transmit through our Services

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through friendly negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the Pakistan Arbitration Association.

The arbitration shall take place in Pakistan, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Hexagone regarding our Services and supersede all prior agreements and understandings, whether written or oral.

Waiver

The failure of Hexagone to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Hexagone.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.

Assignment

You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms and any of our rights or obligations at any time without notice.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, power failures, or internet or telecommunications failures.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Email: contact@theHexagone.com