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Terms of Service

by PilotX Studio, Team

Welcome to The PilotX Studio. These Terms of Service ("Terms") explain the legal relationship between you ("Client", "you") and The PilotX Studio ("Agency", "we", "us"). They apply to all services, proposals, offers and deliverables we provide, whether for product design, software development, AI integration, consulting, workshops, or the sale of digital resources.

Please read these Terms carefully. By engaging our services, signing a proposal, or paying an invoice, you agree to be bound by these Terms. If you do not agree, do not proceed — contact us at privacy@pilotxstudio.com if you have questions.

1. Definitions

Agreement means these Terms together with any written proposal, statement of work (SOW), purchase order or invoice that references these Terms.

Deliverables means the outputs we create for you under an Agreement (design files, source code, documentation, prototypes, reports, templates, etc.).

Services means the professional services described in a proposal or SOW (design, engineering, AI work, consulting, workshops, support, etc.).

Client Content means data, materials, content or information you provide to us for use in delivering the Services.

2. Proposals, Orders & Acceptance

All work begins with a written proposal, estimate or SOW that describes scope, timeline, fees and milestones. A proposal becomes binding once signed by both parties or when the Client pays any required deposit and notifies the Agency.

If there is any conflict between these Terms and a signed SOW, the signed SOW governs for that specific project.

3. Fees, Invoicing & Payment

  1. Fees. Fees are set out in our proposal or invoice. Unless stated otherwise, fees do not include VAT, sales taxes, or other applicable taxes.

  2. Deposit. Projects commonly require a deposit (e.g., an initial payment or milestone payment). The proposal will state any required deposit amount or payment schedule.

  3. Invoices & Payment Terms. Unless the proposal states otherwise, invoices are due within 14 days of the invoice date. Late payments may incur interest at the rate of 1.5% per month (or the maximum permitted by law) and may result in suspension of Services.

  4. Expenses. The Client will reimburse reasonable and pre-approved out-of-pocket expenses incurred in connection with the Services (travel, third-party fees, licensing costs, etc.).

  5. Payment Methods. We accept bank transfer, credit card via our payment processor, and other methods as agreed in writing.

  6. Refunds & Cancellations. Deposits are non-refundable except as explicitly stated in the proposal. If the Client cancels work after commencement, the Client remains liable for work completed and costs incurred up to the cancellation date.

4. Scope Changes

If the Client requests changes to the scope, timeline or deliverables, the Agency will provide a written change order outlining any additional fees or revised schedule. Work related to a change order will not begin until the change order is agreed in writing.

5. Intellectual Property

  1. Agency Materials & Background IP. The Agency retains ownership of any pre-existing materials, tools, libraries, frameworks, processes, templates, and know-how used in delivering Services ("Agency IP"). Unless otherwise agreed, Agency IP is licensed to the Client on a non-exclusive, worldwide, royalty-free basis to the extent reasonably necessary to use the Deliverables.

  2. Client Deliverables. Unless otherwise agreed in writing, the Client will own the final Deliverables created specifically for the Client upon full payment of all outstanding fees. Ownership excludes Agency IP and any third-party components.

  3. Open Source & Third-Party Software. Deliverables may include open-source or third-party components governed by their own licenses. The Client must comply with those licenses. The Agency will disclose known third-party components in the proposal or upon request.

  4. Portfolio Rights. The Agency retains the right to display Deliverables and describe the project in portfolios, case studies, awards entries and marketing materials, unless the Client has requested confidential treatment in writing and we have agreed to that request.

6. Client Responsibilities

The Client agrees to:

  • Provide timely access to information, materials, feedback, approvals and Client Content necessary for the Agency to perform the Services.
  • Appoint a single point of contact for project decisions and approvals.
  • Ensure that Client Content does not infringe third-party rights and is accurate and lawful.

Delays caused by the Client may affect timelines and cost; the Agency will not be responsible for delays caused by the Client's failure to provide requested materials.

7. Confidentiality

Each party will keep confidential any non-public information marked or reasonably understood as confidential, and will not disclose it to third parties except as necessary to perform the Agreement or as required by law. Confidential information does not include information that is publicly available or independently developed.

8. Data Protection

We process personal data in accordance with our Privacy Policy. The Client warrants that it has the lawful basis to provide any personal data to the Agency and that the processing instructions it issues comply with applicable data protection laws. Where parties process personal data on behalf of the other, a separate data processing addendum (DPA) may be required.

9. Warranties & Disclaimers

  1. Agency Warranties. The Agency warrants that it will perform Services in a professional and workmanlike manner consistent with industry standards.

  2. No Further Warranties. Except as expressly stated, services and deliverables are provided "as is" and the Agency disclaims all other warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, the Agency’s total liability arising out of or related to the Agreement shall not exceed the total fees paid by the Client to the Agency under the specific SOW in the 12 months preceding the claim. Neither party will be liable for indirect, incidental, special, punitive or consequential damages, including lost profits or loss of business.

11. Indemnity

The Client will indemnify and hold harmless the Agency against claims arising from the Client Content, Client’s breach of these Terms, or the Client’s misuse of the Deliverables. The Agency will indemnify the Client against claims that the Agency’s deliverables infringe third-party intellectual property rights, provided the Client notifies the Agency promptly and cooperates in the defense.

12. Termination

  1. For Convenience. Either party may terminate a project for convenience with 30 days’ written notice. The Client will pay for work performed and costs incurred up to the termination date.

  2. For Cause. Either party may terminate immediately for material breach if the other party fails to cure the breach within 14 days of written notice.

  3. Effects. Upon termination, the Client will receive any paid-for Deliverables. Outstanding invoices become immediately due.

13. Suspension of Services

The Agency may suspend Services if the Client fails to pay invoices when due, materially breaches these Terms, or otherwise obstructs the Agency’s ability to perform. The Agency will provide reasonable notice where practicable.

14. Subcontracting & Suppliers

The Agency may use subcontractors, freelancers and third-party suppliers to perform Services. The Agency remains responsible for the acts and omissions of its subcontractors.

15. Third-Party Services & Hosting

Where Services require third-party hosting, APIs, or paid services (cloud, payment processors, analytics), the Client is responsible for any additional fees and must comply with those providers’ terms.

16. Taxes

The Client is responsible for all applicable taxes, duties and withholdings arising from payments under this Agreement, except for taxes based on the Agency’s net income.

17. Publicity & Case Studies

The Agency may use the Client’s name and logo to identify the Client as a customer. The Agency may also produce case studies or marketing materials describing the work, results and project outcomes unless the Client has a separate written confidentiality agreement that restricts such use.

18. Changes to Terms

The Agency may update these Terms from time to time. Material changes will be posted on this page with an updated "Last updated" date. For ongoing projects, changes will not affect previously agreed SOWs without written consent.

19. Governing Law & Dispute Resolution

These Terms are governed by the laws of Denmark (replace with the governing jurisdiction in your proposal if different). The parties will attempt to resolve disputes amicably; if unresolved, disputes will be submitted to the courts of the governing jurisdiction.

20. Miscellaneous

  • Entire Agreement. These Terms, together with any SOWs, form the entire agreement between the parties.
  • Severability. If any provision is invalid, the remainder of the Terms remains in force.
  • Assignment. You may not assign your rights under this Agreement without the Agency’s written consent.
  • Notices. Notices should be sent to privacy@pilotxstudio.com (Agency) and to the Client contact specified in the proposal.

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