Terms of Service

1. Acceptance of Terms & Eligibility

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and MiraskaLabs AI Inc. (“MiraskaLabs,” “Agency,” “we,” “us,” or “our”), governing your access to and utilization of our website at miraskalabs.com, proprietary growth calculators, interactive audit engines, and all professional creative, design, engineering, and digital growth services.

By browsing this site, requesting a complimentary audit, or signing an accompanying Statement of Work (SOW), you confirm that you are at least 18 years of age, possess the legal authority to bind the entity you represent, and agree to adhere to these Terms in their entirety.

2. Scope of Services & Statements of Work

MiraskaLabs delivers premier branding, digital product design, web engineering, and performance growth services. Specific deliverables, technical specifications, project timetables, and fee structures are formally stipulated in mutually executed Statements of Work (“SOW”) or Retainer Schedules.

3. Client Obligations & Approval Milestones

Successful creative engagements rely on collaborative alignment. The Client agrees to:

• Designate a primary decision-maker empowered to grant authoritative feedback and approvals.
• Supply high-resolution raw brand assets, copy, credentials, and third-party platform authorizations (e.g. DNS, Google Ads, Meta Business Manager) within agreed milestone timeframes.
• Review project deliverables within five (5) business days of submission. If no feedback or rejection is furnished within this window, the deliverable shall be deemed accepted.

4. Intellectual Property Rights & Deliverables Licensing

We uphold transparent and unequivocal intellectual property boundaries:

5. Agency Portfolio & Promotional Rights

Unless explicitly prohibited under an active Non-Disclosure Agreement (NDA) signed prior to project inception, MiraskaLabs reserves the right to exhibit completed creative work, case studies, non-confidential growth metrics, and Client trademarks across our website, creative showcases (Awwwards, Behance), and marketing presentations as proof of craftsmanship.

6. Fees, Retainers & Invoicing Terms

Engagements are billed on milestone tranches or monthly retainer structures:

• Project Deposits: Fixed-scope projects typically require a 50% mobilization deposit prior to sprint commencement, with balance tranches tied to deliverable milestones.
• Monthly Growth Retainers: Digital marketing and ongoing engineering retainers are billed thirty (30) days in advance and are due upon invoice issuance.
• Third-Party Media Spend: All advertising media spend (Meta, Google, TikTok, LinkedIn) is paid directly by Client to the advertising networks. MiraskaLabs does not float ad budgets.
• Late Payments: Unpaid invoices past 15 calendar days from the due date incur a late fee of 1.5% per month or the statutory maximum, whichever is lower, and may result in temporary suspension of active sprints.

7. Performance & Search Engine Algorithm Disclaimers

MiraskaLabs applies battle-tested growth frameworks, high-grade Next.js speed optimizations, and rigorous creative strategies. However, because search engines (Google, Bing), answer engines (ChatGPT, Perplexity), and advertising platforms (Meta, Google Ads) operate on proprietary, unpredictable algorithms subject to autonomous revisions:

8. Confidentiality & Mutual NDA

Each party agrees that all confidential, proprietary, or unreleased business information disclosed during the engagement (including unlaunched product architectures, financial forecasts, customer lists, and proprietary code) shall be held in strict confidence. Neither party shall disclose such data to third parties without prior written consent, except to vetted sub-contractors bound by equivalent confidentiality obligations.

9. Warranties & Limitation of Liability

MiraskaLabs warrants that all services rendered will be performed in a professional, workmanlike manner consistent with modern industry standards.

EXCEPT AS EXPRESSLY STATED, ALL SERVICES, CODE DELIVERABLES, AND AUDIT PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIRASKALABS DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OBJECTIVE, OR SYSTEM COMPATIBILITY.

IN NO EVENT SHALL MIRASKALABS BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA LOSS, OR SYSTEM DOWNTIME). OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO ANY ENGAGEMENT SHALL NOT EXCEED THE TOTAL PROFESSIONAL FEES ACTUALLY PAID BY CLIENT TO MIRASKALABS UNDER THE SPECIFIC STATEMENT OF WORK IN THE PRECEDING SIX (6) MONTHS.

10. Term, Pauses & Termination

These Terms remain active while you utilize our platform or during the duration of any open SOW:

• Monthly Retainers: Either party may cancel an ongoing monthly retainer by providing thirty (30) days advance written notice prior to the next billing cycle.
• Termination for Cause: Either party may immediately terminate an engagement if the other party breaches any material term and fails to cure such breach within fourteen (14) calendar days of written notification.
• Post-Termination Settlement: Upon early termination, Client shall promptly compensate Agency for all completed hours, approved deliverables, and non-cancelable project commitments incurred through the termination date.

11. Indemnification

Client agrees to defend, indemnify, and hold harmless MiraskaLabs, its directors, engineers, and creatives from and against any claims, liabilities, damages, and reasonable attorney fees arising out of: (a) Client-supplied visual assets, claims, trademarks, or content infringing third-party intellectual property or privacy rights; (b) Client’s marketing compliance violations (e.g. CAN-SPAM or TCPA); or (c) Client’s gross negligence or willful misconduct.