Terms of Service

These Terms of Service (the “Terms”) form an agreement between Gabi Kamel, operating as a sole individual under the trading name “Nova Studios” (“Nova Studios,” “I,” “me,” or “my”) and the natural person or legal entity (“you” or “Client”) accessing this website (the “Site”), submitting the quote form, using the client portal, or otherwise engaging me for the design, development, or maintenance of websites or related digital products (collectively, the “Services”).

Sole-proprietor disclosure. Nova Studios is not a registered company, partnership, LLC, or other legal entity. It is the working name used by one individual offering freelance web design and development services. All references to “we,” “our,” or “our team” elsewhere on the Site are stylistic; in legal terms the contracting party is the individual named above, acting personally.

By accessing the Site or using any Service, you confirm that you have read, understood, and agreed to be bound by these Terms, together with my Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site or the Services.

For each engagement I will normally agree a separate written arrangement describing the scope, fees, and timeline - for example a brief Statement of Work agreed by email or WhatsApp (each, a “Project Agreement”). To the extent any Project Agreement conflicts with these Terms, the Project Agreement controls with respect to the matter in conflict.

In these Terms, capitalized terms have the meanings given here or elsewhere in the Terms.

• “Deliverables” means the websites, applications, source code, designs, copy, images, and other materials I create for you under a Project Agreement and which are formally accepted by you in accordance with that Project Agreement.
• “Background IP” means any intellectual property I own or license as of the start of an engagement, including code patterns, design libraries, internal tooling, build pipelines, project templates, and analytics frameworks, and any improvements thereto created independently of your Confidential Information.
• “Client Materials” means content, data, trademarks, logos, copy, images, audio, video, brand guidelines, and any other materials you provide to me for use in the Deliverables.
• “Confidential Information” means non-public information of either party disclosed in connection with the Services, including business plans, customer data, source code, pricing, and unreleased designs.
• “Fees” means the amounts payable by you for the Services as set out in the relevant Project Agreement.

I design and build modern Next.js websites, React Native mobile apps, and related digital products for small and medium businesses, principally in the Palestinian Territories and the wider region. Typical engagements include marketing sites, booking and ordering flows, iOS/Android apps, bilingual (English / Arabic) builds, and brand/visual identity work. I may also provide ongoing maintenance, hosting setup, app release preparation, and light advisory work where agreed in writing.

Free tools on the Site (such as the instant recommendation card on the quote form) are provided for general informational purposes only. Estimates returned by those tools are not binding offers and do not create any contract until I have countersigned a Project Agreement with you.

Non-binding estimates. Pricing ranges shown on the Site (including on the pricing page and in the recommendation card) are indicative ranges, not offers within the meaning of any applicable contract law. Estimates may change based on scope, the quality of materials you provide, and dependencies on third parties.

Engagement. An engagement begins only when (i) I issue, and you sign, a Project Agreement describing the scope, fees, timeline, and deliverables, or (ii) you submit your first deposit against an issued Project Agreement, whichever occurs first.

Right to refuse. I may decline any engagement at my sole discretion, including where (a) the proposed work falls outside my practice areas, (b) I identify a legal, ethical, or reputational concern, or (c) capacity does not allow.

Currency. All invoices are issued and payable in Israeli new shekels (ILS). Indicative prices shown on the marketing site in other currencies are for reference only; the binding amount is the ILS figure on your Project Agreement and invoice.

Schedule. Unless otherwise agreed in writing, my standard schedule is 50% on engagement and 50% on launch. For ongoing work, fees are invoiced monthly in advance.

Method. Payments are made by bank transfer to the account specified on the invoice. I do not collect card details and do not handle cardholder data. Receipts of payment may be uploaded to the client portal so that I can mark invoices as paid.

Taxes. Because Nova Studios is operated by an individual and not by a VAT-registered entity, invoices are issued without VAT or similar indirect tax unless and until that status changes and is reflected on the invoice. Any income tax, social charges, or other taxes that you may be required to withhold or remit under your local law are your responsibility.

Late payment. Invoices are due within thirty (30) days of issue unless otherwise stated. I may suspend the Services and access to the client portal while any invoice is more than fifteen (15) days overdue.

Disputed amounts. If you dispute any portion of an invoice, you must notify me in writing within fifteen (15) days of the invoice date with reasonable detail. Undisputed amounts remain due on the original schedule.

Scope. Each Project Agreement sets the scope of work, including any agreed number of revision rounds. Work requested outside that scope is a “Change” and requires a written change confirmation (email is fine) signed by both parties before I begin it. Change confirmations may adjust fees, timeline, and deliverables.

Revisions. Unless otherwise agreed, each engagement includes two (2) rounds of revisions per major deliverable. Additional rounds are billable at my then-current hourly rate or at the agreed change rate.

Acceptance. You will have ten (10) business days from the date I deliver any milestone (the “Review Period”) to either accept the milestone or notify me in writing of any specific defect that materially fails to conform to the relevant specification. Failure to provide written notice of defect within the Review Period will be deemed acceptance of the milestone.

Deliverables. Subject to your full and timely payment of all Fees due under the relevant Project Agreement, I assign to you, on the date of final payment, all of my right, title, and interest in and to the bespoke Deliverables (excluding Background IP and third-party materials), to the maximum extent permitted by applicable law. Until full payment is received, all Deliverables remain my sole property and you have no licence to use them in production.

Background IP. Background IP remains my property at all times. I grant you a non-exclusive, non-transferable, perpetual, worldwide, royalty-free licence to use Background IP solely as embedded in the Deliverables and solely for the purpose for which the Deliverables were commissioned.

Third-party materials. The Deliverables may incorporate open-source software, paid stock photography (Unsplash+ or Pexels Pro), commercial fonts, or other third-party assets, each of which is licensed to you under its own terms. I will procure licences on your behalf where this is included in the Project Agreement; otherwise you are responsible for the licences. I do not and cannot transfer ownership of third-party materials.

Client Materials. You retain ownership of all Client Materials and grant me a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display the Client Materials solely as needed to perform the Services. You represent that you have all rights necessary to grant this licence.

Portfolio rights. Unless you notify me otherwise in writing before launch, I may identify you as a client, display screenshots and short video of the Deliverables in my portfolio and on my social channels, and link to the live site, in each case after launch. I will not disclose Confidential Information in doing so.

I use AI-assisted development tooling (including large language models such as Anthropic Claude) as part of my standard build process. AI tools accelerate the work; they do not replace human craft. Every Deliverable is reviewed and finalised personally before it is released to you.

I do not knowingly submit Confidential Information or personal data subject to special protection (for example, special category data under GDPR) to third-party AI providers for the purpose of training those providers’ models. Where I use third-party AI services, I configure them, where the provider offers the option, to disable training on my prompts and outputs.

By engaging me, you acknowledge and consent to my use of such tools as described in the Privacy Policy.

From time to time we may agree to a live consultation through your client portal - voice or video. These calls run entirely peer-to-peer between your browser and mine, using WebRTC. The media stream is encrypted end-to-end and is not relayed through any Nova Studios server; only the small signalling messages needed to establish the call transit through my infrastructure providers.

Recording is off by default. Where I find it useful to record a consultation - for example to capture decisions made on the call or to refer back to a tricky spec discussion - I will press a “record” control which causes a prominent red banner to appear on both sides of the call. By remaining on the call after the banner appears, you consent to the call being recorded. If you do not want to be recorded, tell me on the call and I will stop the recording, or you may leave the call. I will not record secretly.

What we record and where it lives. If a call is recorded, both video feeds are composited side-by-side and the audio tracks are mixed into a single WebM file in my browser. That file is uploaded directly to my private storage bucket and is accessible only through a fresh, short-lived signed link generated on demand. The recording is treated as Confidential Information of yours and may be used only for the purposes of performing the engagement (for example, to revisit a decision or update a brief). It will not be shared with third parties, used for marketing, or used to train AI models.

Deletion. You can ask me to delete a recording at any time by emailing the address in the Privacy Policy. I will delete the file within seven (7) days of your request. I also delete recordings on my own initiative once I no longer need them, as described under retention in the Privacy Policy.

Domains and hosting. You own your domain name and hosting account. I will help you set them up where this is included in the Project Agreement, but the registrant and account holder records remain in your name. You are responsible for paying any third-party renewal, hosting, or service fees on time after launch.

Third-party services. Many Deliverables integrate with third-party services (for example payment processors, booking platforms, analytics tools, or chat widgets). Those services are governed by their own terms, are outside my control, and may change or be discontinued. I make no representation or warranty about any third-party service.

App stores. Where the Project Agreement includes a mobile app, you are responsible for your Apple Developer and Google Play Console accounts and for final publication decisions. I may prepare build signing, store listing materials, submission guidance, and release-ready files where agreed in writing. Apple and Google control review approval, timing, policy enforcement, and any required account ownership steps.

You agree to:

• provide all Client Materials, feedback, approvals, and access credentials I reasonably need, on time and in usable form;
• respond to requests for feedback within five (5) business days unless a different cadence is agreed in writing;
• ensure that all Client Materials are lawful, accurate, non-infringing, and free of malware;
• comply with all laws applicable to your business and to the content you publish through the Deliverables, including consumer protection, advertising, accessibility, and data-protection laws in your jurisdiction; and
• maintain the security of any credentials I share with you and notify me promptly if you believe they have been compromised.

Delays caused by your failure to meet these responsibilities are not my responsibility and may extend agreed timelines without penalty to me.

Each party will (i) hold the other party’s Confidential Information in strict confidence, (ii) use it solely to perform its obligations or exercise its rights under these Terms, and (iii) protect it using at least the same degree of care it uses to protect its own confidential information of a similar kind, but in no event less than a reasonable degree of care.

These confidentiality obligations do not apply to information that is publicly available without breach of these Terms, was already known to the receiving party without restriction, was independently developed without reference to the disclosing party’s information, or is required to be disclosed by law or court order.

These confidentiality obligations survive termination of these Terms for a period of three (3) years, except for trade secrets, which remain protected for as long as they qualify as trade secrets under applicable law.

My warranty. For thirty (30) days after launch (the “Warranty Period”), I will use commercially reasonable efforts, at no additional charge, to correct any material defect in the Deliverables that you report in writing during the Warranty Period and that prevents the Deliverables from substantially conforming to the agreed specification. This warranty does not cover (i) any modifications made by anyone other than me, (ii) misuse, neglect, or use outside the documented environment, or (iii) issues attributable to third-party services or Client Materials.

Disclaimer. Except for the express warranty above, and to the maximum extent permitted by applicable law, the Site, the Services, and the Deliverables are provided “as is” and “as available,” and I disclaim all other warranties, conditions, and representations, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or quiet enjoyment.

I do not warrant that the Site or the Deliverables will be uninterrupted, error-free, or free of harmful components, or that any defect will be corrected.

Excluded damages. To the maximum extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, data, or goodwill, arising out of or in connection with these Terms, even if advised of the possibility of such damages.

Cap. Each party’s total aggregate liability arising out of or related to these Terms, whether in contract, tort (including negligence), warranty, or otherwise, will not exceed an amount equal to the Fees paid (or, if no Fees have been paid, the Fees payable) by you to me in the twelve (12) months immediately preceding the event giving rise to the claim.

Carve-outs. Nothing in this section excludes or limits liability that cannot, by law, be excluded or limited, including liability for fraud, wilful misconduct, gross negligence, personal injury or death caused by negligence, or breach of confidentiality obligations.

By you. You will defend, indemnify, and hold me harmless from and against any third-party claim, action, or demand arising out of (i) Client Materials, including any allegation that Client Materials infringe a third party’s rights or violate applicable law, or (ii) your use of the Deliverables in breach of these Terms or applicable law.

By me. I will defend, indemnify, and hold you harmless from and against any third-party claim that the original code I wrote and incorporated into the Deliverables infringes a valid copyright or trade secret in the country where the Deliverables are deployed, provided that you (a) notify me promptly of the claim, (b) allow me to control the defence and settlement, and (c) provide reasonable cooperation. This indemnification does not extend to claims arising from Client Materials, third-party materials, modifications made by anyone other than me, or use of the Deliverables in combination with anything I did not provide.

The remedies in this section are each party’s exclusive remedy and the other party’s sole liability for the matters covered.

For convenience. Unless a Project Agreement states otherwise, either party may terminate an engagement on fourteen (14) days’ written notice. On termination for convenience by you, I will invoice you for all Services performed and reasonable non-cancellable third-party costs incurred up to and including the effective date of termination.

For cause. Either party may terminate immediately on written notice if the other party (i) materially breaches these Terms or any Project Agreement and fails to cure within ten (10) days after receiving written notice of the breach, (ii) becomes insolvent, or (iii) is the subject of a bankruptcy, receivership, or similar proceeding that is not dismissed within sixty (60) days.

Effect of termination. Termination of these Terms does not affect Project Agreements then in effect, except where the grounds for termination apply equally to those Project Agreements. Sections that by their nature should survive termination (including Definitions, Intellectual Property, Confidentiality, Warranties, Liability, Indemnification, and Governing Law) survive termination.

You will not, and will not permit any third party to:

• use the Site, the Services, or the client portal to upload, transmit, or store any content that is unlawful, defamatory, obscene, infringing, or harmful (including malware);
• attempt to probe, scan, or test the vulnerability of any system I operate, or to circumvent any authentication, access control, or rate-limiting measure;
• use any automated means (including scraping or harvesting) to access the Site without my prior written consent; or
• use the Site or the Services to compete with me, including by reverse-engineering or copying my methodology.

I may suspend or terminate access for any breach of this section at my discretion and without prior notice where the breach is ongoing or causes risk of harm.

Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of war or terrorism, civil unrest, government action, natural disaster, pandemic, internet or power outage, or failure of third-party services, provided that the affected party gives prompt notice and uses commercially reasonable efforts to resume performance. Payment obligations are not excused by force majeure.

Governing law. These Terms are governed by, and will be construed in accordance with, the laws applicable in the Palestinian Territories, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Forum. The competent courts of the West Bank, Palestinian Territories, will have non-exclusive jurisdiction to settle any dispute, claim, or proceeding arising out of or in connection with these Terms. Either party may also bring an action in a court that otherwise has competent jurisdiction over the other party, and the parties may, by mutual written agreement recorded in the relevant Project Agreement, nominate a different forum or agree to binding arbitration under mutually acceptable rules.

Equitable relief. Either party may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent or stop a breach of confidentiality or intellectual property obligations, without first complying with any other dispute-resolution procedure.

Entire agreement. These Terms, together with any Project Agreement and the Privacy Policy, constitute the entire agreement between the parties on the subject matter and supersede all prior or contemporaneous communications and proposals.

Amendments. I may update these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent material change. For any change that materially increases your obligations or reduces your rights, I will give at least thirty (30) days’ prior notice through the Site or by email to your account contact, and your continued use of the Site or Services after that date constitutes acceptance.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without my prior written consent. I may assign or transfer these Terms in connection with a sale of substantially all of my business assets.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Failure to enforce any provision is not a waiver of the right to do so later.

Independent contractor. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Notices. Notices must be in English or Arabic and sent by email to hello@nova-studios.dev. Notices to you may be sent to the email address associated with your account.

Questions about these Terms can be sent to hello@nova-studios.dev or via WhatsApp using the link in the footer. I aim to respond within one business day.