Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the DiggitGlobal website, and the software, web, mobile and AI development services (the "Services") provided by DIGGIT Software Solutions Co LLC, Diggit Software Solutions US LLC and Diggit Software Solutions UK Ltd (together, "Diggit," "we," "us" or "our"). By accessing our website, requesting a proposal, or engaging Diggit for Services, you ("Client," "you") agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or Services.

Where a separate signed proposal, statement of work, master services agreement, or similar document (an "Agreement") exists between you and Diggit for a specific project, the terms of that Agreement will govern that project, and these Terms will apply to the extent they do not conflict with it.

2. Definitions

• "Company" means the specific Diggit legal entity (Dubai, Dallas or London, as listed in Section 14) that is party to the applicable Agreement with the Client.
• "Client" means the individual or organization that engages the Company to receive Services.
• "Services" means the design, development, consulting, support, or other work performed by the Company as described in Section 3 or in an applicable Agreement.
• "Agreement" means any signed proposal, quote, statement of work, contract or order form referencing these Terms.
• "Deliverables" means the software, websites, applications, designs, documentation and other work product produced by the Company for the Client under an Agreement.
• "Pre-Existing IP" means tools, libraries, frameworks, templates, methodologies and other intellectual property owned or licensed by the Company prior to, or independent of, a given engagement.

3. Services Description

Diggit provides integrated software, web, mobile and AI development services, including but not limited to:

• Web Development, Custom Web Development and WordPress Development
• E-Commerce Solutions and Online Store Development
• Mobile App Development, including native Android and iOS App Development
• Custom Software Development, CRM Software, ERP Software and Client Portals
• AI & Machine Learning, AI Chatbots and Predictive Analytics

The specific scope, deliverables, timeline and fees for any engagement will be set out in a proposal, quote or Agreement agreed with the Client before work begins. General descriptions of our Services on this website are provided for informational purposes and do not, by themselves, constitute a binding offer.

4. Project Engagement & Scope of Work

Each project begins with a proposal or quote outlining the scope of work, estimated timeline and fees. Work commences once the Client has accepted the proposal, in writing or by countersigned Agreement, and any required deposit has been received.

Any request to add, remove or materially alter functionality, design, or deliverables outside the agreed scope ("Change Request") may result in adjusted fees and/or timeline, and will be documented and agreed in writing (including by email) before being implemented. Diggit will use commercially reasonable efforts to communicate the impact of a Change Request on cost and schedule before proceeding.

Timelines provided in proposals are estimates based on the agreed scope and timely Client cooperation as described in Section 7; delays caused by the Client, third parties, or Change Requests may extend the project timeline accordingly.

5. Fees, Payment Terms & Invoicing

Fees for Services are set out in the applicable proposal or Agreement and may be structured as a fixed price, milestone-based payments, or time-and-materials billing, as agreed with the Client.

• Invoices are payable within the period stated on the invoice or Agreement (commonly 15–30 days from the invoice date, unless otherwise agreed).
• Late payments may result in a suspension of ongoing work, and interest or late fees may apply as permitted by applicable law and as set out in the Agreement.
• Where a deposit or upfront payment is required, work will not commence (or Deliverables will not be released) until it has been received.
• All fees are exclusive of applicable taxes (such as VAT or sales tax) unless otherwise stated, which will be added where legally required.

6. Intellectual Property Rights

Subject to full and final payment of all fees due under the applicable Agreement, ownership of the custom Deliverables created specifically for the Client (such as bespoke source code, designs and documentation) transfers to the Client upon payment, except as otherwise agreed in writing.

The Company retains all rights, title and interest in its Pre-Existing IP, including internal frameworks, boilerplate code, component libraries, tools and methodologies used to deliver the Services, and grants the Client a non-exclusive, royalty-free license to use such Pre-Existing IP solely as incorporated into the Deliverables.

Deliverables may incorporate third-party software, open-source components, plugins, fonts, stock imagery or platform services (e.g. hosting, payment gateways, CMS platforms). Such third-party components remain subject to their own licenses, and the Client is responsible for complying with those licenses and for any ongoing third-party subscription or licensing fees.

Until full payment has been received, the Company retains ownership of all Deliverables and work in progress, and any use of unpaid Deliverables by the Client is at the Client's own risk.

7. Client Responsibilities

Timely delivery of the Services depends on active Client participation. The Client agrees to:

• Provide timely feedback, approvals and sign-off at each project milestone;
• Supply content, branding assets, data and other materials required for the project in a timely manner and in a usable format;
• Provide necessary access and credentials (e.g. to hosting, domains, third-party accounts or APIs) required to perform the Services, and ensure such access remains valid;
• Designate a point of contact with authority to make decisions and approve deliverables on the Client's behalf;
• Ensure that any content, data or materials provided to the Company do not infringe the rights of any third party.

Delays caused by the Client's failure to meet these responsibilities may extend agreed timelines and are not attributable to the Company.

8. Confidentiality

Each party agrees to keep confidential any non-public business, technical or financial information disclosed by the other party in connection with an engagement ("Confidential Information"), and to use such information solely for the purpose of performing or receiving the Services.

Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was already lawfully known to the receiving party, or is independently developed without reference to the disclosing party's information. These confidentiality obligations survive the completion or termination of an engagement for a reasonable period, and either party may be required to disclose Confidential Information where required by law or a valid legal process, subject to giving the other party reasonable notice where legally permitted.

9. Warranties & Disclaimers

The Company will perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards. Except as expressly stated in an Agreement, the Services and Deliverables are provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services or Deliverables will be uninterrupted, error-free or fully secure.

The Company does not warrant that software will be free of all defects, that third-party platforms or integrations will remain available or unchanged, or that any particular business outcome, ranking, conversion rate or result will be achieved through use of the Deliverables.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Company be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to the Services or Deliverables, even if advised of the possibility of such damages.

The Company's total aggregate liability arising out of or relating to an engagement will not exceed the total fees actually paid by the Client to the Company for the specific Services giving rise to the claim, as further specified in the applicable signed Agreement. Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded under applicable law, such as liability for fraud or gross negligence.

11. Termination

Either party may terminate an Agreement for convenience by providing written notice, as specified in the applicable Agreement (commonly 30 days' written notice, unless a different period is agreed). Either party may also terminate an Agreement immediately upon written notice if the other party materially breaches these Terms or the Agreement and fails to remedy that breach within a reasonable cure period after being notified.

Upon termination, the Client will pay the Company for all Services performed and reasonable, non-cancellable expenses incurred up to the effective date of termination. Sections relating to Intellectual Property, Confidentiality, Warranties, Limitation of Liability and Governing Law will survive termination.

12. Governing Law & Jurisdiction

Because Diggit operates through separate legal entities in the UAE, the United States and the United Kingdom, these Terms and any Agreement are governed by the laws of the jurisdiction of the specific Diggit contracting entity named in your signed Agreement, and any disputes will be subject to the courts or arbitration forum specified in that Agreement. Where no contracting entity or jurisdiction is otherwise specified, these Terms (as they relate to use of the DiggitGlobal website) are governed by the laws of the United Arab Emirates, reflecting DIGGIT Software Solutions Co LLC's role as the Company's Dubai headquarters.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, business practices, or applicable law. The "Last updated" date at the top of this page indicates when these Terms were last revised. Material changes affecting an active engagement will be communicated to the Client through the usual channel of communication for that engagement. Continued use of our website or Services after an update constitutes acceptance of the revised Terms.

14. Contact Information

If you have any questions about these Terms, please contact us at +1 (469) 405-6772 or via WhatsApp. You can also reach the Diggit entity relevant to your Agreement at any of our offices below.