Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Gemsweb Digital, operating under Tuppaman Investment, regarding your use of our website, services, and products, including Nangula AI.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.

Definitions

• "Company," "we," "our," "us" refers to Gemsweb Digital, operating under Tuppaman Investment.
• "Client," "you," "your" refers to the individual or entity using our services.
• "Services" refers to web development, AI consulting, creative services, Nangula AI, and any other services we provide.
• "Deliverables" refers to any work product created as part of a project.

Services

Web Development & Design

We provide custom web development, web applications, e-commerce solutions, and related services. Specific scope, timelines, and deliverables will be outlined in individual project agreements or proposals.

AI Consulting & Nangula AI

Our AI services include consulting, integration, and access to Nangula AI. Usage of Nangula AI is subject to specific subscription terms, usage limits, and the Nangula AI Service Level Agreement.

Creative Services

Creative services include content creation, branding, social media management, and digital marketing. Deliverables and timelines will be specified in project agreements.

Client Obligations

As a client, you agree to:

• Provide accurate and complete information when requested
• Respond to communications in a timely manner
• Provide necessary access, content, and approvals for project completion
• Review and provide feedback on deliverables within agreed timeframes
• Make payments according to agreed terms
• Use our services only for lawful purposes
• Not infringe on intellectual property rights of others

Intellectual Property

Client Materials

You retain ownership of any materials, content, or intellectual property you provide to us. By providing such materials, you grant us a license to use them solely for the purpose of delivering the services.

Project Deliverables

Upon full payment, you will own the custom deliverables created specifically for your project. We retain ownership of:

• Pre-existing tools, frameworks, and libraries
• General knowledge and experience gained
• Any materials not specifically created for your project
• Our proprietary methodologies and processes

Portfolio Rights

We reserve the right to display completed projects in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

Payment Terms

• Payment terms will be specified in project proposals or invoices
• Deposits may be required before work begins
• Late payments may incur interest charges
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise specified

Project Changes & Cancellations

Scope Changes

Changes to project scope must be agreed upon in writing. Additional work beyond the original scope will be quoted separately and may affect timelines and costs.

Cancellation

If you wish to cancel a project:

• Written notice must be provided
• You will be responsible for payment for all work completed to date
• Work in progress will be delivered upon payment
• Deposit payments are non-refundable

Confidentiality

We will keep confidential any proprietary or sensitive information you share with us. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Limitation of Liability

To the maximum extent permitted by law:

• Our services are provided "as is" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount paid for the specific service giving rise to the claim
• We are not responsible for losses due to third-party services or hosting providers

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Content or materials you provide

Service Level Agreement (Nangula AI)

Nangula AI subscription includes the following service levels:

• Target uptime of 99.5% for the platform
• Response times as per your subscription tier
• Regular updates and improvements
• Support through designated channels

Detailed SLA terms are available upon request and may vary by subscription tier.

Termination

We may terminate or suspend services immediately, without prior notice, if you breach these Terms. Upon termination:

• Your right to use our services will cease
• Outstanding payments become immediately due
• We may delete your data after a reasonable notice period

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

1. Good faith negotiation between the parties
2. Mediation if negotiation fails
3. Binding arbitration or litigation in Namibian courts as a last resort

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Namibia, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes through our website or by email. Continued use of our services after changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact Information

For questions about these Terms, please contact us: