Legal

Terms and Conditions — Digi Kastle

Welcome to Digi Kastle. These Terms and Conditions (“Terms”) govern your use of digikastle.com (the “Site”) and any services provided by Digi Kastle (“we,” “us,” “our”), including Shopify development, web design, UI/UX design, digital marketing, and related services (collectively, the “Services”).

By accessing our Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or Services.

1. Services

Digi Kastle provides Shopify theme development, app integration, ecommerce web design, UI/UX design, SEO, conversion rate optimization, digital marketing, and related services. Specific project scope, deliverables, timelines, and pricing for any engagement will be outlined in a separate proposal, quote, or contract (“Project Agreement”) agreed upon by both parties before work begins. Where these Terms and a Project Agreement conflict, the Project Agreement governs for that specific engagement.

2. Use of the Website

You agree to use our Site only for lawful purposes. You agree not to:

  • Use the Site in any way that violates applicable law
  • Attempt to gain unauthorized access to any part of the Site or our systems
  • Introduce viruses, malware, or other harmful code
  • Copy, reproduce, or redistribute content from the Site without our permission

3. Intellectual Property

3.1 Our Content

All content on this Site — including text, graphics, logos, images, and design — is the property of Digi Kastle or its licensors and is protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute this content without our prior written consent.

3.2 Client Project Deliverables

Ownership of project deliverables (e.g., custom themes, designs, code) will be specified in the applicable Project Agreement. Unless otherwise agreed in writing:

  • Upon full payment, ownership of custom deliverables created specifically for the client transfers to the client.
  • Digi Kastle retains ownership of any pre-existing tools, frameworks, code libraries, or proprietary processes used to deliver the Services, and grants the client a license to use them as part of the delivered project.
  • Digi Kastle reserves the right to showcase completed work in its portfolio, case studies, and marketing materials, unless the client requests confidentiality in writing.

4. Payment Terms

  • Pricing, payment schedules, and invoicing terms for each project will be specified in the Project Agreement or invoice provided to the client.
  • Unless otherwise agreed, payments are due according to the schedule outlined in the invoice or contract.
  • Late payments may result in a pause of work, late fees, or other remedies as specified in the Project Agreement.
  • All fees are non-refundable once work has commenced, except as otherwise agreed in writing or required by law.

5. Client Responsibilities

To deliver Services effectively, we rely on clients to:

  • Provide timely feedback, approvals, and access to necessary accounts (e.g., Shopify admin, hosting, third-party tools)
  • Supply accurate information, content, and assets needed for the project
  • Respond to requests within a reasonable timeframe to avoid project delays

Delays caused by a client’s failure to provide timely feedback or access may extend project timelines and are not the responsibility of Digi Kastle.

6. Project Timelines

Estimated timelines provided for any project are good-faith estimates based on the agreed scope. Timelines may be affected by scope changes, delayed client feedback, third-party app or platform issues, or other factors outside our reasonable control.

7. Revisions and Change Requests

The number of included revisions for a given project will be specified in the Project Agreement. Requests beyond the agreed scope may be treated as a change order and billed separately.

8. Warranties and Disclaimers

Digi Kastle will perform Services with reasonable skill and care consistent with industry standards. However:

  • We do not guarantee specific business outcomes, including but not limited to sales figures, conversion rates, search engine rankings, or traffic levels, as these depend on many factors outside our control.
  • The Site and Services are provided “as is” and “as available,” without warranties of any kind, express or implied, except as required by applicable law.
  • We are not responsible for the performance, security, or policies of third-party platforms, apps, or services integrated into a client’s store (e.g., Shopify, third-party apps, payment processors).

9. Limitation of Liability

To the maximum extent permitted by law, Digi Kastle shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, arising from your use of our Site or Services. Our total liability for any claim arising from a Project Agreement shall not exceed the total amount paid by the client for the specific Services giving rise to the claim.

10. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive business information shared during the course of a project, except where disclosure is required by law or agreed to in writing.

11. Termination

Either party may terminate a Project Agreement as specified in that agreement. Upon termination, the client is responsible for payment for all work completed up to the termination date. Provisions relating to intellectual property, confidentiality, and limitation of liability survive termination.

12. Third-Party Services

Our Services may involve integration with third-party platforms and apps (e.g., Shopify, Klaviyo, ReCharge, Google, Meta). We are not responsible for the availability, security, pricing changes, or terms of service of these third-party providers.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles, unless otherwise required by mandatory local law applicable to a specific client relationship.

14. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with a revised “Last Updated” date. Continued use of our Site or Services after changes constitutes acceptance of the updated Terms.

15. Contact Us

If you have questions about these Terms and Conditions, please contact us:

Digi Kastle Email: info@digikastle.com Phone: +1 (289) 885-2253 Address: 5899 Preston Road, Suite 1004, Frisco, TX 75034, USA

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