PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING TECHNAMAH’S WEBSITE ORENGAGING OUR SERVICES. BY ACCESSING OUR WEBSITE OR ENTERING INTO A SERVICE AGREEMENT,YOU AGREE TO BE BOUND BY THESE TERMS.
1. Your Access to the Service
Welcome to TechNamah (“Company,” “we,” “us,” or “our”). TechNamah is an AI-first product design and engineering studio specializing in mobile app development, SaaS platforms, web development, UI/UX design, AIsolutions, and intelligent automation systems. These Terms of Service (“Terms”) govern your access to and use of our website located at www.technamah.com (the “Site”) and any services, products, or deliverables we provide (collectively, the “Services”).
By visiting our Site, submitting an inquiry, entering into a service agreement, or otherwise engaging withTechNamah, 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 cease use of the Site and refrain from engaging our Services. These Terms constitute a legally binding agreement between you and TechNamah.
2. Definitions
For the purposes of these Terms, the following definitions apply:
“Services” means all design, development, engineering, AI, automation, consulting, and related services provided by TechNamah, including but not limited to UI/UX design, mobile app development, web development, SaaS product development, AI agent development, chatbot development, n8n workflow automation, voice AI development, and generative AI solutions.
“Deliverables” means all work product, software, code, designs, prototypes, documentation, and other materials created by TechNamah for a Client under a specific engagement.
“Project Agreement” or “Statement of Work (SOW)” means the written agreement, proposal, contract, or work order entered into between TechNamah and Client that specifies the scope, timeline, fees, and deliverables for a specific project.
“Intellectual Property” means all patents, copyrights, trademarks, trade secrets, source code, designs, algorithms, and other proprietary rights.
“AI Tools” means artificial intelligence platforms, large language models, machine learning frameworks, automation tools, and related technologies (including but not limited to OpenAI GPT-4o, Claude, Stable Diffusion, LangChain, Auto Gen, n8n, Zapier, ElevenLabs, Twilio) used in the development and delivery of Services.
“User” means any individual who visits or interacts with the Site without necessarily entering into a service agreement.
“Confidential Information” means any non-public, proprietary, or sensitive information disclosed by either party in connection with the Services.
3. Services Description
TechNamah provides end-to-end digital product development and AI solutions. Our core service categories include:
3.1 Design Services
UI/UX Design: User interface and experience design using Figma, FigJam, and related tools, includingwireframing, prototyping, user flow design, and visual design systems.
Brand Identity: Logo design, brand guidelines, color systems, typography, and marketing material design
Webflow Development: Pixel-perfect marketing websites and landing pages with CMS, animations, and SEO optimization.
3.2 Development Services
Mobile App Development: Cross-platform iOS and Android applications built with Flutter and Dart, integrated with Firebase and other backend services.
Web Development: Custom web platforms and applications built using React.js, Node.js, andPostgreSQL with scalable, clean architecture.
Custom Software Development: Bespoke software solutions using proven technology stacks including Python, React.js, Flutter, and Node.js.
3.3 AI & Automation Services
AI Automation: Intelligent automation of business processes using AI systems to reduce manual work and eliminate errors
Voice AI Agent Development: Human-like voice agents for inbound calls, bookings, and 24/7 customer support using ElevenLabs and Twilio.
n8n Workflow Automation: Custom automation pipelines connecting tools and eliminating manual handoffs.
Chat Bot Development: Intelligent chatbots for customer support, lead generation, and onboarding using OpenAI, LangChain, and Voiceflow.
AI Agent Development: Autonomous AI agents capable of reasoning, planning, and executing multi-step tasks.
Generative AI Development: Custom GenAI applications for document processing, content generation, image tools, and LLM-integrated features.
RAG Implementation: Retrieval-augmented generation systems grounded in client knowledge bases using LangChain, Llama Index, OpenAI Embeddings, and Pinecone
TechNamah reserves the right to modify, expand, or discontinue any service offering at any time. Specific deliverables for each engagement are defined in the applicable Project Agreement.
4. Eligibility & Account Registration
4.1 Eligibility
To engage our Services, you must: (a) be at least 18 years of age or the age of legal majority in your jurisdiction; (b) have the legal capacity to enter into binding contracts; (c) if acting on behalf of a business entity, have the authority to bind that entity to these Terms; and (d) not be prohibited from receiving services under applicable laws
4.2 Business Engagements
Most TechNamah Services are provided to businesses, startups, and product teams. When you engage TechNamah on behalf of a company or organization, you represent and warrant that you have full authority to bind such entity to these Terms and that the entity agrees to be responsible for your acts in connection with the Services.
4.3 Accurate Information
You agree to provide accurate, current, and complete information when contacting us, filling out inquiry forms, or entering into a Project Agreement. You must promptly update any information that becomes inaccurate or outdated. TechNamah is not responsible for issues arising from inaccurate information provided by you.
4.4 Free Consultation
TechNamah offers a free 30-minute strategy consultation with no obligation. This consultation does not create a binding service agreement. A formal engagement commences only upon execution of a Project Agreement and receipt of the applicable deposit or advance payment.
5. Client Obligations & Acceptable Use
5.1 Client Cooperation
Successful project delivery depends on active client participation. You agree to: (a) provide timely responses to questions and requests for feedback, typically within 2-3 business days unless otherwise agreed; (b) supply all necessary content, assets, credentials, and access required for project completion; (c) designate a primary point of contact with authority to approve decisions; (d) attend scheduled review sessions and provide consolidated, actionable feedback; and (e) not obstruct or delay the project timeline through inaction.
5.2 Acceptable Use of Site
You agree not to use the Site or Services for any unlawful, harmful, or prohibited purpose. Prohibited activities include:
Transmitting viruses, malware, or any other malicious code or software
Attempting to gain unauthorized access to our systems, servers, or networks
Harvesting, scraping, or collecting information from the Site without written permission
Engaging in fraudulent, deceptive, or misleading activities
Impersonating TechNamah, its employees, or any other person or entity
Using the Services to develop competing products or reverse engineer our proprietary systems
Violating any applicable local, national, or international law or regulation
Requesting development of illegal, harmful, defamatory, or rights-infringing applications or content
5.3 Content Responsibility
You are solely responsible for all content, data, and materials you provide to TechNamah. You warrant that such materials do not infringe third-party intellectual property rights, violate privacy rights, contain illegal content, or violate any applicable law. TechNamah is not liable for any legal issues arising from client-provided content.
6. Project Engagement & Scope of Work
6.1 Project Agreement
Each engagement between TechNamah and a Client is governed by a Project Agreement or Statement of Work(SOW) that specifies: (a) the scope of services and deliverables; (b) project milestones and timelines; (c) fees, payment schedule, and invoicing terms; (d) revision rounds and change request procedures; (e) acceptance criteria for deliverables; and (f) any specific terms applicable to the engagement.
6.2 Project Process
TechNamah follows a structured five-step delivery methodology: (1) Product Foundation, defining scope, timelines, tech stack, and success metrics; (2) Design & Validation, wireframes, Figma UI, UX review, and client sign-off; (3) Development & QA, agile sprints with weekly demos and quality assurance at every stage; (4) Launch & Optimize, deployment, go-live QA, and post-launch monitoring; and (5) Scale & Improve, ongoing monitoring, optimization, and growth partnerships.
6.3 Scope Changes
Any changes to the agreed scope of work must be documented through a formal Change Request. TechNamah will assess the impact of requested changes on timeline and cost and provide a Change Order for client approval before implementation. Requests that materially expand the project scope will incur additional fees and may extend delivery timelines. Minor adjustments within the agreed revision rounds are included at no additional charge as specified in the Project Agreement.
6.4 Revisions & Feedback
The number of revision rounds included in any engagement is specified in the Project Agreement. Additional revisions beyond the agreed number will be billed at TechNamah’s prevailing hourly or per-revision rate. Clients must provide consolidated, specific, and actionable feedback. Vague or contradictory feedback may result in delays that are not attributable to TechNamah.
6.5 Client Delays
If project progress is delayed due to late feedback, unavailability of client personnel, or failure to provide required assets or approvals beyond 14 calendar days, TechNamah reserves the right to: (a) reschedule the project to accommodate other commitments; (b) charge a project restart fee; or (c) treat the delay as a project pause, potentially subject to revised timelines and pricing.
6.6 Acceptance
Deliverables are deemed accepted by the Client if no written objection is received within 7 business days of delivery, unless otherwise specified in the Project Agreement. Upon acceptance, full payment for that milestone becomes immediately due.
7. Payment Terms & Invoicing
7.1 Fees & Pricing
Service fees are specified in the applicable Project Agreement. TechNamah’s pricing varies based on project scope, complexity, features, and customization requirements. All prices are exclusive of applicable taxes, duties, or levies unless expressly stated otherwise. TechNamah reserves the right to revise its standard rates, which will not affect fees already agreed in an executed Project Agreement.
7.2 Payment Schedule
Unless otherwise agreed in writing, TechNamah requires: (a) a deposit of 50% of the total project fee prior to commencement of work; (b) milestone-based payments as specified in the Project Agreement; and (c) the final balance payment upon completion and delivery of the final deliverables. TechNamah is not obligated to begin or continue work until the required payment is received.
7.3 Invoicing & Due Dates
Invoices are issued electronically and are due within 7 calendar days of the invoice date unless otherwise specified in the Project Agreement. For ongoing retainer engagements, invoices are issued on the 1st of each month and are due within 7 days.
7.4 Late Payments
Overdue payments will accrue interest at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until payment is received in full. TechNamah reserves theright to suspend all Services on any overdue account after 14 days from the due date without liability. Client is responsible for all costs of collection, including reasonable legal fees, in the event TechNamah must pursue payment.
7.5 Taxes
Client is responsible for all taxes, duties, levies, or withholdings applicable to payments made to TechNamah, except for taxes based on TechNamah’s net income. If applicable law requires Client to withhold taxes, Client shall gross up payments so that TechNamah receives the full invoiced amount after such withholdings.
7.6 Refund Policy
All deposits are non-refundable once work has commenced. If TechNamah terminates an engagement due to its own material breach, a pro-rated refund may be issued for work not yet completed. Refunds are not available for delivered and accepted milestones. Disputes regarding invoices must be raised within 5 business days of receipt of the invoice.
8. Intellectual Property Rights
8.1 Client IP Ownership
Upon receipt of full and final payment for all amounts due under a Project Agreement, TechNamah assigns to Client all right, title, and interest in and to the Deliverables created specifically for that Client, including all Intellectual Property rights therein. This assignment includes full source code, design files, documentation, and all associated proprietary rights. TechNamah does not retain any ownership of the Deliverables after full payment and transfer.
8.2 TechNamah’s Pre-Existing IP
Client acknowledges that TechNamah retains all rights in its pre-existing intellectual property, including: (a)proprietary frameworks, libraries, templates, tools, and methodologies developed independently of any client engagement; (b) general knowledge, skills, and expertise of TechNamah’s team; (c) AI workflow configurations and automation templates that are not specific to Client’s project; and (d) any open-source software components subject to their respective licenses.
8.3 License to Pre-Existing IP
To the extent that any Deliverables incorporate TechNamah’s pre-existing IP, TechNamah grants Client aperpetual, worldwide, royalty-free, non-exclusive license to use such pre-existing IP solely as incorporated within the Deliverables and for the purposes for which the Deliverables were developed.
8.4 Third-Party Components
Deliverables may incorporate open-source software, third-party libraries, frameworks, or APIs. TechNamah will disclose material third-party components used. Client is responsible for complying with applicable open-source licenses and third-party terms of service. TechNamah makes no warranty regarding the ongoing availability or licensing terms of third-party components.
8.5 Portfolio Rights
TechNamah reserves the right to display the Deliverables in its portfolio, case studies, website, and marketing materials unless the Client has executed a separate NDA expressly prohibiting such display or requests confidentiality in writing prior to project commencement. TechNamah will honor reasonable confidentiality requests for sensitive or stealth-mode projects.
9. Confidentiality & Non-Disclosure Agreement
9.1 Mutual Confidentiality Obligations
Each party (“Receiving Party”) agrees to keep confidential all Confidential Information disclosed by the other party (“Disclosing Party”) and to use such Confidential Information solely for the purposes of fulfilling obligations under the applicable Project Agreement. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party.
9.2 Definition of Confidential Information
For the purposes of this Section, “Confidential Information” includes: business strategies, product roadmaps, source code, technical specifications, financial information, client lists, pricing, trade secrets, project details, and any other information designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.
9.3 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was already known to the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party without use of Confidential Information; (d) is received from a third party without restriction; or (e) is required to be disclosed by law, regulation, or court order, provided the Receiving Party gives prompt written notice to the Disclosing Party.
9.4 Separate NDA
TechNamah is willing to sign a separate mutual Non-Disclosure Agreement (NDA) prior to detailed project discussions upon client request. The NDA supplements but does not replace the confidentiality obligations in these Terms. These Terms’s confidentiality provisions remain in full force regardless of whether a separate NDAis executed.
9.5 Duration
Confidentiality obligations survive the termination or expiration of the Project Agreement for a period of 3 years, except with respect to trade secrets, for which obligations continue indefinitely.
10. AI Tools & Third-Party Technologies
10.1 Use of AI Tools
TechNamah utilizes artificial intelligence tools, large language models, and automation platforms across its design, development, and delivery processes to accelerate timelines, improve quality, and provide innovative solutions. These include, but are not limited to, OpenAI (GPT-4o), Anthropic Claude, Stable Diffusion, LangChain, Auto Gen, Llama Index, Pinecone, ElevenLabs, n8n, and Zapier.
10.2 AI Output & Quality
TechNamah’s engineers and designers maintain human oversight and judgment over all AI-generated content, code, and designs. All deliverables are reviewed, validated, and refined by qualified professionals. However, Client acknowledges that AI-generated outputs may require further review and that TechNamah does not guarantee that AI-generated content will be free from inaccuracies, biases, or imperfections. Final deliverables are subject to TechNamah’s quality assurance process.
10.3 Third-Party API Terms
When TechNamah integrates third-party APIs, platforms, or services into Client’s project (e.g., OpenAI API,Twilio, Firebase, AWS), Client acknowledges that: (a) the availability and pricing of such services are subject to change by the respective providers; (b) Client may need to establish and pay for their own accounts with these providers; (c) use of such services is governed by the respective provider’s terms of service and privacy policies; and (d) TechNamah is not liable for changes, outages, or discontinuations by third-party providers.
10.4 Data Used in AI Development
Client data, documents, or content provided for RAG implementation, AI training, chatbot development, or otherAI solutions will be used solely for the purpose of building the specified AI system. TechNamah will not use client-provided data to train its own general models or share such data with third parties beyond what is necessary for service delivery, subject to our Privacy Policy and the applicable confidentiality terms.
11. Warranties & Disclaimers
11.1 TechNamah Warranties
TechNamah warrants that: (a) it has the legal right and authority to enter into and perform its obligations under these Terms and any Project Agreement; (b) the Services will be performed in a professional and workmanlike manner consistent with industry standards; (c) to the best of its knowledge, the Deliverables will not infringe the intellectual property rights of any third party; and (d) TechNamah will comply with applicable laws in the performance of Services.
11.2 Post-Delivery Warranty
TechNamah provides a limited warranty period of 30 days from the date of final delivery and acceptance of Deliverables, during which TechNamah will, at no additional charge, correct material defects in the Deliverables that are directly caused by TechNamah’s work and that were not disclosed or known at the time of acceptance.
This warranty does not cover issues arising from Client modifications, third-party changes, hosting environments, or force majeure events.
11.3 Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 11.1 AND 11.2, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TECHNAMAH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TECHNAMAH DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF CLIENT’S REQUIREMENTS, THAT DELIVERABLES WILL BE ERROR-FREE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR COMPLETE.
11.4 Business Outcome Disclaimer
TechNamah does not warrant or guarantee any specific business outcomes, revenue generation, user acquisition, app store rankings, search engine rankings, or commercial success resulting from the use of Deliverables. Success metrics depend on numerous factors beyond TechNamah’s control, including market conditions, client’s business execution, and competitive landscape.
12. Limitation of Liability
12.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHNAMAH’S TOTAL CUMULATIVELIABILITY TO CLIENT ARISING OUT OF OR RELATED TO THESE TERMS OR ANY PROJECTAGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANYOTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TOTECHNAMAH IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THECLAIM.
12.2 Exclusion of Consequential Damages
IN NO EVENT SHALL TECHNAMAH, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS,AGENTS, OR AFFILIATES BE LIABLE FOR ANY: (a) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,PUNITIVE, OR CONSEQUENTIAL DAMAGES; (b) LOSS OF PROFITS, REVENUE, DATA, BUSINESS, ORGOODWILL; (c) COST OF SUBSTITUTE GOODS OR SERVICES; (d) SYSTEM FAILURES, SECURITYBREACHES, OR DATA LOSS; OR (e) INTERRUPTION TO BUSINESS OPERATIONS, EVEN IF TECHNAMAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Essential Basis
The limitations of liability in this Section reflect an allocation of risk between the parties and form an essential basis of the bargain between TechNamah and Client. TechNamah would not be able to provide Services at the agreed fees without these limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some limitations above may not apply to you.
13. Indemnification
13.1 Client Indemnification
You agree to indemnify, defend, and hold harmless TechNamah and its directors, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses(including reasonable legal fees) arising out of or related to: (a) your breach of these Terms or any Project Agreement; (b) your use of the Site or Services in violation of applicable law; (c) any content, data, or materials you provide to TechNamah, including infringement of third-party intellectual property rights or privacy rights; (d)your product or service built using TechNamah’s Deliverables; (e) fraud, willful misconduct, or gross negligence by you; or (f) any claims by your end users relating to the products developed by TechNamah on your behalf.
13.2 TechNamah Indemnification
TechNamah will indemnify and defend Client against third-party claims alleging that the Deliverables (as delivered, without modification) directly infringe a third party’s intellectual property rights, provided Client: (a)promptly notifies TechNamah in writing of the claim; (b) grants TechNamah sole control of the defense; and (c)provides reasonable cooperation. TechNamah’s indemnification obligation does not apply to claims arising from Client modifications, combination with third-party products, or Client-provided content.
14. Termination & Suspension
14.1 Termination for Convenience
Either party may terminate a Project Agreement for convenience upon 14 days’ written notice to the other party.
Upon termination for convenience by Client, Client shall pay TechNamah for all work completed up to the termination date, plus a kill fee of 20% of the remaining project value to compensate for lost opportunity costs, unless otherwise specified in the Project Agreement.
14.2 Termination for Cause
Either party may terminate a Project Agreement immediately upon written notice if the other party: (a) materially breaches these Terms or the Project Agreement and fails to cure such breach within 10 business days of written notice; (b) becomes insolvent, bankrupt, or makes an assignment for the benefit of creditors; (c) engages in fraudulent or illegal conduct; or (d) in the case of Client, fails to make payment within 14 days of the due date.
14.3 TechNamah’s Right to Suspend
TechNamah may suspend Services immediately upon written notice for: (a) non-payment of overdue invoices; (b) violation of acceptable use policies; (c) Client’s actions that create legal risk for TechNamah; or (d) Client’srequest for work that violates applicable law or third-party rights. Suspension does not relieve Client of its payment obligations.
14.4 Effect of Termination
Upon termination: (a) all licenses granted to Client under these Terms terminate immediately, except for IP rights in Deliverables for which full payment has been made; (b) TechNamah will deliver all work product completed and paid for up to the termination date; (c) each party will return or destroy the other party’s Confidential Information; and (d) all payment obligations accrued prior to termination survive. Provisions that by their nature should survive termination (including IP ownership, confidentiality, limitation of liability, and indemnification) shall survive.
15. Dispute Resolution & Governing Law
15.1 Informal Resolution
Before initiating any formal dispute resolution, both parties agree to attempt to resolve any dispute through good-faith negotiations. The disputing party shall provide written notice of the dispute with sufficient detail, and the parties shall have 30 days to negotiate a resolution before proceeding to formal processes.
15.2 Governing Law
These Terms and any Project Agreement shall be governed by and construed in accordance with the laws applicable in the jurisdiction where TechNamah is registered, without regard to conflict of law principles. For international clients, the parties may agree to a mutually acceptable governing law in the Project Agreement.
15.3 Dispute Resolution Process
Any disputes that cannot be resolved through negotiation shall be submitted to binding arbitration in accordance with the rules of a mutually agreed arbitration body. The arbitration shall be conducted in English. The arbitrator’s award shall be final and binding and may be enforced in any court of competent jurisdiction. Nothing in this clause prevents either party from seeking urgent injunctive relief from a court to protect its intellectual property or confidential information.
15.4 Class Action Waiver
Each party waives its right to participate in a class action lawsuit or class-wide arbitration. All claims must be brought individually and not as part of a class or collective action.
16. Modifications to Terms
TechNamah reserves the right to update or modify these Terms at any time. We will provide notice of materialchanges by: (a) posting the updated Terms on our website with a new effective date; (b) sending an emailnotification to existing clients; or (c) providing in-platform notification where applicable. Your continued use of our Services after the effective date of any changes constitutes acceptance of the revised Terms. If you disagreewith any changes, you may terminate the engagement in accordance with Section 14. Changes do notretroactively affect ongoing Project Agreements unless agreed in writing by both parties.
17. Miscellaneous Provisions
17.1 Entire Agreement
These Terms, together with the applicable Project Agreement and Privacy Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior negotiations, representations, agreements, and understandings
17.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
17.3 Waiver
Failure by either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.
17.4 Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including acts of God, natural disasters, pandemic, war, government actions, internetoutages, or power failures. The affected party shall promptly notify the other and use reasonable efforts to resume performance.
17.5 Assignment
Client may not assign or transfer any rights or obligations under these Terms without TechNamah’s prior written consent. TechNamah may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
17.6 Contact Information
For legal inquiries, questions about these Terms, or to exercise any rights described herein, please contact: TechNamah Legal Team | Email: contact@technamah.com | Website: www.technamah.com
Ready to Build?