Terms of Service

Agreement to these terms

These Terms of Service govern your use of https://kortexdigitallabs.com and any services provided by Kortex Digital Labs ("Kortex Digital Labs," "we," "us," or "our"). By using this site, submitting a project plan, creating a portal account, or accepting a written quote, you ("you" or "client") agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services. You must be at least 18 years old to engage us.

Our services

Kortex Digital Labs provides:

• Websites and web applications.
• Custom software, platforms, and client portals.
• AI-assisted media production, including video, image, and audio.
• Security assessments, performed only under separate written authorization.

Accounts and the client portal

If you use the client portal, you are responsible for your credentials and for activity under your account. Keep multi-factor authentication enabled and notify us promptly of any unauthorized use. We may suspend access to protect the Services or other users.

Proposals, quotes, and design concepts

Design concepts and mockups shared before a paid engagement are sales material. They are created at our expense to show you what we can do, and they remain the property of Kortex Digital Labs unless and until you enter a paid engagement that includes them. You may not use, copy, or have a third party reproduce a design concept outside of evaluating our services.

Fees and billing

Unless a written quote says otherwise:

• Fixed-price tiers are billed as agreed in writing before work begins, typically a portion up front and the balance on delivery.
• Scoped projects, such as premium builds, video, and security work, are billed per the written quote you approve.
• Care plans are billed monthly in advance.
• You authorize us and our payment processor to charge your selected payment method, and you are responsible for any applicable taxes.
• Late or failed payments may pause work until resolved.

Refunds

Fees are generally non-refundable once work has begun, except as required by law or as expressly agreed in writing. Deposits reserve production capacity and are non-refundable.

Care plans and auto-renewal

Care plans renew automatically each month until cancelled. There is no long-term contract, and you may cancel at any time, effective at the end of the current billing period. We will provide advance notice of any price change or renewal term as required by law. To cancel, email us at info@kortexdigitallabs.com using the same account you signed up with, and we will assist with a reasonable handoff of your site and content.

Revisions and scope

The Custom tier includes two revision rounds. A revision round is one consolidated set of changes, reviewed and applied together. Additional rounds or changes outside the agreed scope are quoted and approved in writing before any work is done.

Intellectual property

Ownership of work is handled as follows:

• Upon our receipt of full payment for a deliverable, we assign to you all right, title, and interest in the final deliverable we created specifically for you. Until full payment is received, we retain all rights and you have no license to use the deliverable.
• We retain ownership of our pre-existing materials, tools, libraries, frameworks, and know-how, and grant you a non-exclusive, non-transferable license to use them only as incorporated into your deliverable.
• Our site, brand, name, and logos remain our property.
• If you give us feedback or suggestions, you grant us a perpetual, royalty-free license to use them.

Your content and responsibilities

You grant us a license to use the content, materials, logos, and information you provide for the purpose of performing the Services. You represent and warrant that you own or have the rights to that content, that it is lawful, and that our use of it will not infringe any third party's rights. You are responsible for obtaining any consents required, for example for names, likenesses, trademarks, or music, and for the accuracy of what you give us.

AI-generated content

We use AI tools in production. AI-generated outputs may not be eligible for copyright protection, and we do not warrant that they are original or non-infringing. You are responsible for reviewing and approving deliverables before you use them, and for complying with any disclosure or labeling laws that apply where you use them.

Demonstration content on our site uses fictional brands and AI-generated people, products, and places. It is for illustration only and is not an endorsement by, or affiliation with, any real person or brand.

Acceptable use

When using the Services, you agree not to:

• Use the Services unlawfully or to infringe anyone's rights.
• Probe, scan, breach, or disrupt the site's security or infrastructure.
• Scrape or harvest data from the site.
• Upload another person's personal information without authority to do so.
• Misuse the Kora assistant. Its responses may be inaccurate and are not professional advice.

Security services

Security assessments are performed only under a separate written authorization that defines the scope. Assessments are non-intrusive by default, and active testing occurs only on a signed engagement under rules of engagement you approve in advance. You represent that you own, or are authorized to test, the target. Findings are provided for your use, and you are responsible for remediation.

Third-party services

The Services rely on third-party providers, such as Stripe, Supabase, Vercel, and Resend. Your use may be subject to their terms, and we are not responsible for their acts, outages, or omissions.

Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KORTEX DIGITAL LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS ($100).

Indemnification

You agree to indemnify and hold harmless Kortex Digital Labs from claims arising out of your content, your use of the Services, or your breach of these Terms. We will indemnify you against third-party claims that a deliverable we created for you, excluding your content and AI-generated outputs you direct, infringes United States intellectual-property rights, subject to the limitation of liability above.

Term and termination

Either party may terminate an engagement or stop using the Services as set out in the applicable quote or care plan. Fees for work already performed remain due. Provisions that by their nature should survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution, survive termination.

Dispute resolution and arbitration

Please contact us first. Most issues are resolved informally and quickly.

Otherwise, you and Kortex Digital Labs agree that any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, seated in or near San Antonio, Texas, or in another forum we both agree to. The Federal Arbitration Act governs this section.

CLASS-ACTION WAIVER: DISPUTES WILL BE HANDLED INDIVIDUALLY, AND YOU AND WE EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Exceptions: either party may bring an individual claim in small-claims court, and either party may seek injunctive relief to protect intellectual property or confidential information.

Opt-out: you may opt out of this arbitration agreement by emailing info@kortexdigitallabs.com within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out does not affect any other part of these Terms.

Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. For any matter not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas.

Changes to these terms

We may update these Terms from time to time. Updates are posted on this page with a revised effective date, and material changes may require you to accept again. Your continued use of the Services after an update means you accept the revised Terms.

General

• These Terms and any written quote you approve form the entire agreement between us; if a quote conflicts with these Terms, the quote controls for that engagement.
• If any provision is found unenforceable, the rest remains in effect.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them to a successor.
• Neither party is liable for delays or failures caused by events beyond its reasonable control.
• You consent to receive communications, agreements, and records from us electronically.

Contact

Questions about these Terms go to info@kortexdigitallabs.com, or by mail to 9110 N Loop 1604 W, Suite 104 PMB 1074, San Antonio, TX 78249-3397.