Terms of Service

1. Agreement to Terms

By accessing or using the website kinkodigital.com and services provided by KinKo Digital ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and KinKo Digital. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

2. Services

KinKo Digital provides bespoke web design, web development, mobile app development, AI solutions, and technical partnership services. Our services include:

• Custom website design and development
• Mobile application development
• AI integration and intelligent systems
• MVP development for startups
• Technical co-founder and partnership services
• Ongoing maintenance and support

Specific terms, deliverables, timelines, and pricing for each project will be outlined in a separate project agreement or proposal.

When you accept a quote, pay a deposit, or enter a subscription, our full client Terms and Conditions apply in addition to these Terms of Service.

3. Use of Website

3.1 Permitted Use

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

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any portion of the website
• Interfere with or disrupt the website or servers
• Transmit any viruses, malware, or harmful code
• Copy, reproduce, or resell any content without permission

3.2 Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of KinKo Digital or its licensors and is protected by copyright and other intellectual property laws.

4. Client Responsibilities

When engaging our services, you agree to:

• Provide accurate and complete information necessary for project completion
• Respond promptly to requests for feedback, approvals, and materials
• Make timely payments as specified in your project agreement
• Respect intellectual property rights and not use deliverables in ways that violate third-party rights
• Comply with all applicable laws and regulations related to your use of our services

5. Payment Terms

Payment terms will be specified in your project agreement. Generally:

• Projects typically require a deposit (usually 50%) to begin work, as set out in your quote or agreement
• Remaining payments are due at specified milestones or upon completion
• All prices are in GBP (£) unless otherwise stated
• Late payments may incur interest charges as permitted by law
• We reserve the right to suspend work if payments are overdue

Refund policies will be outlined in your specific project agreement.

6. Project Deliverables and Ownership

6.1 Agency Track Projects

For standard agency projects, upon full payment, you own 100% of the intellectual property rights to the deliverables, including code, designs, and documentation created specifically for your project.

6.2 Partnership Track Projects

For equity or revenue-share partnership projects, intellectual property ownership is typically held by the co-built company in which we hold shares, as specified in the partnership agreement.

6.3 Third-Party Components

Deliverables may include third-party components, libraries, or services subject to their respective licenses. You are responsible for complying with all applicable third-party license terms.

7. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. However:

• We do not guarantee specific business results or outcomes
• The website and services are provided "as is" without warranties of any kind
• We are not liable for third-party services, APIs, or platforms we integrate with
• You are responsible for ensuring your use of deliverables complies with applicable laws

8. Limitation of Liability

To the maximum extent permitted by law, KinKo Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability for any claims arising from these Terms or our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless KinKo Digital, its employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

10. Termination

Either party may terminate a project agreement in accordance with the terms specified in that agreement. We reserve the right to suspend or terminate your access to our website or services if you violate these Terms.

Upon termination, you remain responsible for all fees incurred up to the termination date.

11. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of our engagement, except as required by law or with written consent from the other party.

12. Dispute Resolution

In the event of any dispute arising from these Terms or our services, both parties agree to first attempt to resolve the matter through good faith negotiation.

If a resolution cannot be reached, disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, and shall be governed by English law.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified by posting the updated Terms on this page with a revised "Last Updated" date. Your continued use of our website or services after such changes constitutes acceptance of the modified Terms.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: