The legal framework that powers every Eminify engagement

These Terms & Conditions form the contractual agreement between Eminify ("we", "us") and the client entity ("you", "your"). They govern all proposals, statements of work, retainers, and projects where Eminify delivers strategy, design, engineering, or consulting services.

Acceptance of a proposal, payment of an invoice, or continued use of our deliverables constitutes agreement with the latest version of these terms, unless a separately negotiated master services agreement supersedes specific clauses.

Services, milestones, and success criteria are detailed in the corresponding statement of work (SOW). Any feature, integration, or deliverable not expressly included is considered out of scope until agreed upon in writing via change order or revised SOW.

We reserve the right to recommend adjustments that preserve usability, performance, and compliance standards. Substantial scope shifts may impact delivery timelines and investment.

We partner with you through agile pods that include product, design, engineering, and QA specialists. Each engagement is paired with a delivery lead responsible for cadence, reporting, and stakeholder alignment.

You agree to designate a point of contact empowered to provide feedback and approvals within two business days. Delays in feedback or asset delivery may shift milestones proportional to the delay.

Pricing follows the structure defined in the SOW—fixed fee, milestone-based, or time-and-materials. All invoices are due within fifteen (15) days of issuance unless otherwise stated. Late payments may incur a 1.5% monthly service charge on outstanding balances.

Setup fees, third-party licenses, or infrastructure costs are billed separately at cost unless expressly included. We may pause delivery if payment lapses exceed twenty-one (21) days.

You are responsible for supplying timely access to subject-matter experts, existing systems, brand assets, and decision records necessary for delivery.

You confirm that all materials provided are owned by you or properly licensed, and that their use will not infringe the rights of any third party. You indemnify us against claims arising from assets you supply.

Upon full payment, you receive ownership of final project deliverables specifically produced for you, excluding pre-existing frameworks, libraries, or internal tooling used to accelerate delivery.

We retain the right to reuse generalized learnings, templates, or anonymized components that do not reveal confidential information. Portfolio case studies require your written approval before publication.

Both parties agree to treat all non-public information shared during the engagement as confidential and to use it solely for delivering or evaluating the engagement. Access is limited to personnel with a legitimate project need.

We maintain industry-standard security practices, including access controls, data segregation, and regular security reviews. You are responsible for securing your own systems and credentials shared with us.

Where data processing is required, we follow applicable data protection regulations relevant to the services provided, including GDPR, CCPA, and NDPR obligations as applicable to each project.

If a separate data processing agreement (DPA) is required, both parties will execute it before handling personal or sensitive data. You confirm that all data shared has been lawfully obtained and that required consents are in place.

We warrant that services will be performed with reasonable skill, care, and diligence consistent with professional practices. Except as explicitly stated, services are provided "as is" without additional warranties.

We do not guarantee specific business outcomes, third-party platform availability, or uninterrupted operation of deployed software. Your internal acceptance testing is required prior to production launches.

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, or consequential damages, including lost profits or business interruption, even if advised of the possibility of such damages.

Our aggregate liability under these terms will not exceed the total fees paid or payable by you for the services giving rise to the claim within the preceding six (6) months.

Either party may terminate an engagement for material breach if the breach is not cured within fifteen (15) days of written notice. We may terminate immediately if continued work would violate laws, ethics, or security obligations.

Upon termination, you will pay for all services rendered and committed expenses through the effective termination date. We will deliver all in-progress work in a mutually agreed usable format.

These terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles. Parties agree to first attempt good-faith negotiation and, if unresolved, mediation before pursuing litigation.

Any legal proceedings will occur in the state or federal courts located in Sarasota County, Florida. Both parties consent to personal jurisdiction in those courts.