Terms Governing Use of Our Website and Services.

1. Acceptance of Terms

By accessing this website or engaging XomaTech Enterprises, LLC (“XomaTech,” “we,” “us,” or “our”) for services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you should not use our website or services.

2. Scope of Services

XomaTech provides services that may include custom web design, web development, landing page development, website hosting, maintenance, technical support, SEO-related work, consulting, and white-label support for agencies. Specific deliverables, timelines, and pricing may vary by project and are typically defined in written proposals, email approvals, invoices, or related project communications.

3. Website Use

You agree to use this website only for lawful purposes. You may not use the site in any way that could damage, disable, overburden, or impair its operation, nor may you attempt to gain unauthorized access to any part of the website, server, database, or related systems.

4. Project Estimates, Scope, and Revisions

Any quote, estimate, or proposal provided by XomaTech is based on the scope of work discussed at the time it is issued. Changes to project scope, additional revisions, added features, third-party integrations, expanded content requirements, or timeline changes may require revised pricing or scheduling.

Unless otherwise stated in writing, project timelines are estimates only and may be affected by client response times, content delivery, approval delays, third-party service dependencies, or unforeseen technical requirements.

5. Client Responsibilities

Clients are responsible for providing timely feedback, approvals, content, credentials, and other materials necessary to complete a project. Delays in supplying required information may affect project timelines and delivery dates.

Clients are also responsible for ensuring they have the rights to use any text, images, logos, videos, trademarks, or other materials they provide for inclusion in a website or related project.

6. Payments and Invoices

Payment terms may vary by project, but unless otherwise agreed in writing, invoices are due according to the terms stated on the applicable invoice or proposal. Deposits may be required before work begins, and milestone or final payments may be required before launch, delivery, transfer of files, or release of access credentials.

XomaTech reserves the right to pause work, withhold deliverables, suspend hosting-related services, or delay launch in the event of overdue balances.

7. Hosting and Maintenance

Where XomaTech provides hosting, maintenance, or technical support, those services are offered on a commercially reasonable basis. While we aim to maintain stable performance, security, and uptime, uninterrupted availability cannot be guaranteed. Scheduled maintenance, software updates, third-party outages, network events, platform failures, security incidents, or force majeure events may affect availability.

Clients remain responsible for the content, legality, and use of their hosted websites, applications, databases, and email or related systems unless otherwise expressly agreed in writing.

8. Third-Party Services and Integrations

Projects may rely on third-party services such as domain registrars, email providers, payment gateways, APIs, maps, CRMs, analytics tools, plugins, advertising platforms, hosting vendors, or other external systems. XomaTech is not responsible for outages, policy changes, pricing changes, discontinued features, security issues, or performance issues caused by third-party platforms or providers.

9. White-Label and Agency Services

XomaTech may provide services on a white-label or subcontract basis to agencies and other partners. In such cases, unless otherwise agreed in writing, the agency or intermediary client remains responsible for client communications, approvals, billing arrangements, and project management on their end. XomaTech is not responsible for disputes between an agency and its end client unless XomaTech is a direct party to the relevant agreement.

10. Intellectual Property

Unless otherwise agreed in writing, XomaTech retains ownership of its pre-existing tools, code libraries, frameworks, internal systems, processes, and proprietary methods. Upon full payment of all applicable project fees, clients receive the rights to use the final deliverables specifically created for their project, subject to any third-party license restrictions.

XomaTech may retain the right to display completed work in its portfolio, case studies, marketing materials, or project listings unless otherwise agreed in writing.

11. Acceptable Use

Clients and users may not use our services, servers, hosting environment, or websites we manage for unlawful, abusive, infringing, defamatory, fraudulent, harmful, or malicious purposes. This includes, without limitation, malware distribution, phishing, spam, unauthorized access attempts, copyright infringement, or illegal content distribution.

XomaTech reserves the right to suspend or terminate services that create legal, security, abuse, or operational risks.

12. Communications and SMS

By contacting XomaTech, you consent to receive communications reasonably related to your inquiry, account, project, support request, or service relationship. This may include phone calls, emails, and SMS/text messages where applicable. We do not send unsolicited marketing text messages.

13. Disclaimer of Warranties

Our website and services are provided on an “as is” and “as available” basis unless otherwise expressly stated in writing. To the fullest extent permitted by law, XomaTech disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

14. Limitation of Liability

To the fullest extent permitted by law, XomaTech shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, lost business opportunities, loss of data, business interruption, or reputational harm arising out of or related to use of this website or our services.

In any event, XomaTech’s total liability for any claim relating to its services shall not exceed the amount actually paid to XomaTech for the specific services giving rise to the claim.

15. Indemnification

You agree to indemnify, defend, and hold harmless XomaTech Enterprises, LLC from and against claims, damages, liabilities, costs, and expenses arising out of your misuse of the website, your violation of these terms, your content, or your violation of the rights of any third party.

16. Termination

XomaTech may suspend or terminate access to its website or services at any time, with or without notice, where necessary to protect business operations, security, legal compliance, system stability, or in response to nonpayment or misuse.

17. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

18. Changes to These Terms

We may update these Terms of Service from time to time. Any revised version will be posted on this page with an updated effective date. Continued use of our website or services after such updates constitutes acceptance of the revised terms.

19. Contact Information

If you have questions about these Terms of Service, you may contact us:

Email: info@xomatech.com
Website: www.xomatech.com

Effective Date: April 14, 2026