Terms of Service

Last Updated: January 5, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Charviam ("Company", "we", "us", or "our") governing your access to and use of our website at charviam.com and all related services, including but not limited to:

• Digital Marketing Services
• Development: SaaS Platforms, Websites, and MVPs
• Mobile App Development
• Application Maintenance and Software Testing
• Access & Security Management
• Application Deployment Services
• Our products, including ArcadeX and Workflow Automation Packs

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of our services immediately.

2. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• If acting on behalf of a business entity, have the authority to bind that entity to these Terms
• Not be prohibited from using our services under any applicable laws

3. Services Description

3.1 Consulting Services

Charviam provides technology consulting services including software development, system implementation, integration, and advisory services. The specific scope of services, deliverables, timelines, and compensation will be detailed in separate Statements of Work (SOW), service agreements, or project contracts executed between you and Charviam.

3.2 Products

We offer software products such as ArcadeX (Customer Engagement & Loyalty Platform) and Workflow Automation Packs. Use of these products is subject to their respective license agreements and subscription terms, which will be provided upon purchase or subscription.

3.3 Website

Our website provides information about our services, allows you to contact us, and may include resources such as blog posts and documentation. Access to certain features may require registration or subscription.

4. Project Engagement Terms

4.1 Statements of Work

All consulting engagements will be governed by a mutually agreed-upon Statement of Work (SOW) that defines the project scope, deliverables, timeline, milestones, acceptance criteria, and fees. In case of any conflict between these Terms and an SOW, the SOW shall prevail for that specific engagement.

4.2 Change Requests

Any changes to the agreed scope of work, including additional features, modifications, or timeline changes, must be documented in a written change request. Such changes may affect project timelines and costs, which will be communicated and approved before implementation.

4.3 Client Responsibilities

To ensure successful project delivery, you agree to:

• Provide timely access to necessary systems, data, and resources
• Designate a primary point of contact with decision-making authority
• Provide timely feedback and approvals at agreed milestones
• Communicate requirements clearly and completely
• Ensure the accuracy and legality of any content or data you provide

5. Payment Terms

5.1 Fees

Fees for our services will be specified in the applicable SOW or service agreement. Unless otherwise stated, all fees are quoted in U.S. Dollars and are exclusive of applicable taxes, which you are responsible for paying.

5.2 Payment Schedule

Payment terms will be outlined in the SOW or invoice. Typical payment structures include milestone-based payments, monthly retainers, or time-and-materials billing. Invoices are due within 30 days of the invoice date unless otherwise agreed.

5.3 Late Payments

Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with outstanding balances exceeding 30 days.

6. Intellectual Property Rights

6.1 Client Materials

You retain ownership of all intellectual property rights in the materials, data, content, and proprietary information you provide to us ("Client Materials"). You grant us a limited, non-exclusive license to use Client Materials solely for the purpose of providing the agreed services.

6.2 Deliverables

Upon full payment of all applicable fees, you will own the custom deliverables specifically created for you under an SOW ("Custom Deliverables"), excluding any Pre-existing Materials or Third-Party Components as defined below.

6.3 Pre-existing Materials

Charviam retains ownership of all pre-existing intellectual property, including methodologies, frameworks, templates, tools, and know-how that existed prior to or were developed independently of your engagement ("Pre-existing Materials"). We grant you a non-exclusive, perpetual license to use Pre-existing Materials incorporated into your deliverables.

6.4 Third-Party Components

Deliverables may include third-party software, libraries, or components subject to their own license terms (e.g., open-source licenses). You agree to comply with all applicable third-party license terms.

7. Confidentiality

7.1 Definition

"Confidential Information" means any non-public information disclosed by either party to the other, including business plans, technical data, customer information, financial information, and proprietary methodologies.

7.2 Obligations

Both parties agree to maintain the confidentiality of the other party's Confidential Information, use it only for purposes related to the engagement, and not disclose it to third parties without prior written consent, except as required by law or to authorized personnel on a need-to-know basis.

7.3 Duration

Confidentiality obligations shall survive termination of these Terms for a period of three (3) years, or longer for trade secrets.

8. Warranties and Disclaimers

8.1 Service Warranty

Charviam warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. For a period of 30 days following delivery of deliverables (or as otherwise specified in the SOW), we will correct any material defects that do not conform to the agreed specifications at no additional cost.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CHARVIAM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHARVIAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR ANY SOW SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CHARVIAM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Charviam, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms
• Your use of our services in violation of applicable laws
• Client Materials that infringe third-party intellectual property rights
• Any misuse of deliverables by you or your end users

11. Term and Termination

11.1 Term

These Terms are effective when you first access our website or services and continue until terminated. Individual project engagements will have their own term as specified in the applicable SOW.

11.2 Termination for Convenience

Either party may terminate an SOW with 30 days' written notice. Upon such termination, you shall pay for all work completed and expenses incurred through the termination date.

11.3 Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches these Terms or an SOW and fails to cure such breach within 15 days of receiving written notice thereof.

11.4 Effect of Termination

Upon termination, you shall pay all outstanding fees. We will deliver all completed work and return your Confidential Information. Sections relating to intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination.

12. Dispute Resolution

12.1 Negotiation

The parties agree to attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiations.

12.2 Arbitration

If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in North Carolina, United States, and the arbitrator's decision shall be final and binding.

12.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of laws principles.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any applicable SOWs and our Privacy Policy, constitute the entire agreement between you and Charviam regarding the subject matter hereof.

13.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be posted on our website with an updated "Last Updated" date. Continued use of our services after such changes constitutes acceptance of the modified Terms.

13.3 Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. No failure or delay in exercising any right shall operate as a waiver thereof.

13.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.5 Assignment

You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms to any successor in interest or affiliate.

13.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or interruption of utilities or telecommunications.

13.7 Independent Contractor

Charviam is an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

14. Contact Information

For questions or concerns regarding these Terms of Service, please contact us:

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.