Terms & Conditions

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Vivid Coder, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content") and the trademarks, service marks, and logos (the "Marks") are owned or controlled by Vivid Coder. The Content and Marks are protected by copyright, trademark laws, and other applicable intellectual property laws. The Content is provided "as-is" for your information and personal use only. No part of the Website or Content may be copied, reproduced, republished, uploaded, posted, displayed, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

2. Ownership of Deliverables

All web development work, source code, and original files created on the Client's behalf ("Projects") belong to the Client upon full payment. The Client shall be the sole owner of the copyright for all completed Projects. In the event that any operation of law would cause Vivid Coder to become the owner of a Project, Vivid Coder irrevocably assigns its entire interest in the Project to the Client.

The Client warrants that any materials provided to Vivid Coder (including examples, content, images, or materials to be incorporated into a project) are owned by the Client and do not infringe on any third party's rights, including intellectual property rights.

3. Third-Party Assets & Licensing

In the event that any Project incorporates fonts, images, plugins, or other assets that are not owned by Vivid Coder and require a commercial license ("Third-Party Assets"), Vivid Coder will inform the Client in writing. The Client assumes full responsibility for purchasing any necessary licenses for Third-Party Assets incorporated into their Projects.

It is the sole responsibility of the Client to ensure that all content utilized is properly licensed. While Vivid Coder may hold appropriate licenses for specific materials, such licenses are not transferable to the Client unless explicitly stated in writing.

4. Subscription Services

Vivid Coder offers web development services on a subscription basis. By subscribing, you agree to the following:

• Subscription billing cycles run based on the calendar month
• You may pause your subscription at any time, and unused days will be reserved
• Paused days expire one year from the month in which the subscription was paused
• You may cancel your subscription at any time
• Development requests are processed one at a time to ensure quality
• Unlimited revisions are included with every request

5. Client Representations

By using the Website and our services, you represent and warrant that:

• You have the legal capacity to enter into this Agreement
• You are not a minor in your jurisdiction
• You will not access the Website through automated or non-human means
• You will not use the Website or services for any illegal or unauthorized purpose
• Your use of the Website will not violate any applicable law or regulation

6. Prohibited Activities

You agree not to:

• Make any unauthorized use of the Website or services
• Retrieve data or content for purposes of creating competing databases or directories
• Circumvent, disable, or interfere with security-related features
• Engage in unauthorized framing or linking of the Website
• Trick, defraud, or mislead Vivid Coder or other users
• Use the Website to compete with Vivid Coder
• Reverse engineer any software comprising the Website
• Harass, intimidate, or threaten any employees or contractors
• Upload viruses, malware, or other harmful material
• Disparage or harm Vivid Coder's reputation

7. Client Feedback

Any questions, comments, suggestions, or other feedback ("Submissions") provided by you shall become the property of Vivid Coder. We are under no obligation to keep Submissions confidential. Vivid Coder may use and disseminate Submissions for any lawful purpose without permission, acknowledgment, or compensation to you, except as otherwise provided in Section 2 regarding ownership of deliverables.

8. Returns and Refunds

Vivid Coder offers a trial period for new subscribers. If you are not satisfied within the first week, you may cancel without payment. Once the trial period ends and the subscription begins, refunds are not available.

Refunds are not available for any services, subscriptions, or payments made to Vivid Coder. Once a payment has been processed, it is considered final and non-refundable under all circumstances, including cancellations, unused services, or change of mind.

If a refund is granted at Vivid Coder's discretion, all materials produced remain the property of Vivid Coder and may not be used by the Client. A 25% fee may be applied to any refunded amount, and payment processing fees will not be refunded.

9. Use of Unused Services

Any unused subscription time will automatically expire, and the subscription will be cancelled after one (1) year from the date of subscription.

10. Showcasing Client Work

Vivid Coder reserves the right to share completed work on digital channels, including social media, our website, and portfolio materials, unless otherwise agreed upon. The Client may request a Non-Disclosure Agreement (NDA), which would void Vivid Coder's right to share or discuss the Client's work publicly.

11. Privacy Policy

By using the Website, you agree to be bound by our Privacy Policy. The Website is hosted and operated from India. If you access the Website from other regions, you consent to the transfer and processing of your data in accordance with applicable laws. We do not knowingly collect information from individuals under the age of 18.

12. Modifications

Vivid Coder reserves the right to change, modify, or remove any content on the Website at any time without notice. We may also modify or discontinue all or part of our services without notice and without liability to the Client.

13. Service Interruptions

Vivid Coder does not guarantee that the Website will be available at all times. Hardware, software, or other issues may cause interruptions beyond our control. You agree that Vivid Coder shall not be liable for any loss, damage, or inconvenience caused by your inability to access the Website during any downtime.

14. Disclaimer

The Website and services are provided on an "as-is, as-available" basis. You agree that your use of the Website and services is at your sole risk. Vivid Coder disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the Website's content and assume no liability for errors, mistakes, personal injury, property damage, unauthorized access, interruptions, bugs, viruses, or any loss or damage resulting from the use of our services.

15. Limitations of Liability

Vivid Coder and its directors, employees, contractors, or agents shall not be liable to you or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profits, lost revenue, lost data, attorneys' fees, or other damages arising from your use of the Website or services.

16. Indemnification

You agree to defend, indemnify, and hold harmless Vivid Coder and its affiliates, officers, agents, partners, employees, and contractors from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising from: (1) your use of the Website or services; (2) breach of these Terms; (3) breach of your representations and warranties; (4) your violation of any third-party rights, including intellectual property rights.

17. User Data

You are solely responsible for all data transmitted to or relating to any activity you undertake using the Website. Vivid Coder shall have no liability for any loss or corruption of such data, and you hereby waive any right of action against us for any such loss or corruption.

18. Electronic Communications

You consent to receive electronic communications from Vivid Coder and agree that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and records.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any legal action shall be brought in the appropriate courts in Kerala, India.

20. Miscellaneous

These Terms and any policies posted on the Website constitute the entire agreement between you and Vivid Coder. Our failure to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision is determined to be unlawful, void, or unenforceable, that provision shall be severed but shall not affect the validity of the remaining provisions. Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and Vivid Coder.

22. Contact Information

For any questions or concerns regarding these Terms, please contact us at: hello@vividcoder.com