Terms & Conditions
Last updated: September 26, 2026 · Version 3.0. By using this site you accept these terms. We keep them clear and complete, true to how we work.
1. Acceptance and capacity
By browsing or using pittahaya.com, or by sending us any form or message, you accept these Terms and Conditions (the "Terms") and our Privacy Policy. If you do not agree, do not use the site. You represent that you are of legal age and have legal capacity to be bound. If you act on behalf of a company or organization, you represent that you are authorized to accept these Terms on its behalf, and "you" includes that entity.
2. Who we are and nature of the site
Pittahaya is a premium web design and AI automation studio, based in Canada with Ecuadorian roots. The site presents our services, plans and examples. All information published is general and informational; it is not a binding contractual offer, professional advice (legal, tax, financial, accounting or marketing), or a guarantee of availability of any service, timeline or price. We may correct errors, inaccuracies or omissions on the site (including prices) at any time.
3. Quotes, engagement and order of precedence
Final prices, scope, deliverables, revision rounds and timelines for each project are agreed in writing in a specific proposal, quote or contract (the "Proposal"). Submitting a form or requesting a quote does not bind either party. Quotes are valid for the period stated in them or, if none is stated, 30 days. In case of conflict, the following prevail in this order: (1) the signed or accepted Proposal, (2) these Terms, (3) general information on the site.
4. Payments, deposits and refunds
Unless the Proposal says otherwise: (a) work begins upon receipt of the agreed deposit, which reserves our schedule and covers initial planning work, and is therefore non-refundable once the project has started; (b) balances are due on the dates stated in the Proposal; (c) prices exclude taxes, bank or platform fees, domains, licenses and third-party services unless expressly stated. If a payment is late we may pause work, move delivery dates, and withhold deliverables, access or launch until it is settled. Client-requested cancellations do not entitle a refund for work already performed. Any refund that applicable law makes mandatory will always be honored.
5. Scope, changes and client cooperation
Only what the Proposal expressly describes is included. Any additional change, feature or revision is quoted separately. Timelines depend on you providing content, approvals, access and responses on time; delays on your side extend timelines proportionally. If a project receives no response from the client for 30 days or more, we may treat it as closed, invoice work performed and, if resumed, reschedule it based on our availability. Your written approval (including by email or WhatsApp) of a deliverable, or its launch, constitutes acceptance.
6. Demos, examples and portfolio
Demos and sample designs are illustrative: they show styles and possibilities and, unless expressly stated, do not represent real client projects, real brands or guaranteed results. Any resemblance to real businesses is coincidental. Unless agreed otherwise in a written confidentiality agreement, we may display the completed project (screenshots, name and general description) in our portfolio and social channels, without disclosing confidential information.
7. Intellectual property
All site content —design, copy, demos, brand, logos, visual structure, images, code and digital experience— is protected by copyright and other intellectual property rights and belongs to Pittahaya or its respective owners. Copying, reproduction, modification, automated extraction (scraping), use to train AI systems, reverse engineering, distribution or commercial use without prior written permission is prohibited.
For projects: (a) ownership of or license to final deliverables passes to the client only once the full price has been paid; until then, any use is a revocable license; (b) we retain ownership of our pre-existing or generic tools, templates, components, base code, know-how and methods, which we license on a non-exclusive basis for use of the deliverable; (c) unselected sketches, proposals and concepts remain ours; (d) third-party components (fonts, stock photos, plugins, libraries) remain subject to their own licenses.
8. Client materials and content
You are solely responsible for the copy, images, logos, trademarks, data, products, prices, advertising claims and other materials you provide or ask us to publish. You represent and warrant that you hold all necessary rights, licenses and permissions, that they are truthful, and that they do not infringe third-party rights or the law. You grant us a license to use them only as needed to deliver the service. We do not review the legality of your content or business, and we may refuse to publish, or remove, material we consider unlawful, misleading or offensive.
9. Responsibility for your site and business
Unless the Proposal expressly includes it as a service, the client is responsible for the legal compliance of its own site and business: its privacy policy and terms, cookie notices, marketing consents (e.g., CASL), protection of its own customers' data, accessibility, consumer and advertising rules, industry licenses and taxes. Any legal text or template we provide is a starting point and is not legal advice; we recommend having it reviewed by a lawyer. Once the project is delivered, security, backups, domain and hosting renewals, and passwords are the client's responsibility unless maintenance is contracted.
10. Automation and artificial intelligence
Some services use third-party AI and automation tools. Their outputs may contain errors, inaccuracies or unexpected content, and depend on the availability, changes and policies of those providers. The client must review and approve content and automated responses before using them, and is responsible for how it uses them with its own customers. We do not guarantee that AI-generated output is unique, accurate or eligible for copyright protection.
WhatsApp and Instagram assistant: first-line support is provided by an AI virtual assistant. Its replies are generated automatically, may contain errors and are not a binding offer. Any price, discount, timeline or scope it mentions is indicative only; final pricing and conditions are always provided in a written Proposal. The assistant does not give legal, tax or financial advice and never asks for passwords, card or bank details: do not share them through that channel. You can ask to talk to a person on our team at any time, who will reply within 24 hours. How your messages are processed is explained in the Privacy Policy, section 17.
11. Acceptable use
You agree to use the site lawfully and in good faith. You must not: attempt to damage the site or breach its security; access unauthorized areas; perform load testing, scraping or bulk extraction; send spam, malware or unlawful content; impersonate others; use the site or our forms to harass anyone; or use it in a way that harms others or Pittahaya. We may block access and retain logs as evidence of misuse.
12. Information you provide
You represent that the information you submit is truthful, accurate and your own (or that you are authorized to provide it). Processing of your data is governed by our Privacy Policy, which you accept by ticking the consent checkbox on any form.
13. Disclaimer of warranties
We work with dedication and professional standards. However, we do not guarantee business results —such as sales, traffic, conversions, search rankings, social performance or return on investment— which depend on factors beyond our control. Any specific warranty must be stated in writing in the Proposal. To the fullest extent permitted by law, the site, its content and any free service are provided "as is" and "as available", without express or implied warranties of merchantability, fitness for a particular purpose, or error-free or uninterrupted operation.
14. Limitation of liability
To the fullest extent permitted by law: (a) Pittahaya will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, goodwill or reputation, or for failures of third-party services (hosting, domains, email, payment gateways, AI platforms, social networks); and (b) Pittahaya's total liability for any claim relating to the site or services will not exceed the amount you actually paid to Pittahaya for the service giving rise to the claim during the 12 months before the event, or USD 100 if you have not purchased any service. Nothing here excludes liability for fraud, gross negligence, or liability that cannot be limited by law.
15. Indemnification
You agree to defend and hold harmless Pittahaya, its team and collaborators from claims, penalties, losses and expenses (including reasonable legal fees) arising from: (a) materials or content you provide or ask us to publish; (b) your site, products, services or business practices, including the processing of your customers' data; (c) your misuse of the site or deliverables; or (d) your breach of these Terms or the law.
16. Suspension and termination
We may suspend or terminate a service if you breach these Terms or the Proposal, fail to pay on time, or if continuing would create legal, reputational or security risk. In that case, work performed to date will be invoiced. The sections on payments, intellectual property, client materials, warranties, liability, indemnification and dispute resolution survive termination.
17. Force majeure and third parties
We will not be liable for failures or delays caused by events beyond our reasonable control, such as internet or provider outages, downtime or changes of third-party platforms, cyberattacks, power outages, illness, natural disasters or government action. The site may link to third-party services (such as WhatsApp); we are not responsible for their content, policies or practices.
18. Dispute resolution
Before starting any action, you agree to notify us of the issue in writing and to negotiate in good faith for at least 30 days; most disagreements are resolved this way. If unresolved, the parties may use mediation before going to court. To the extent permitted by applicable law, claims must be brought on an individual basis and not as part of a class or representative action, and must be filed within one (1) year of the event giving rise to them.
19. Governing law and jurisdiction
Clients in Ecuador: these Terms and the relationship with Pittahaya are governed by the laws of the Republic of Ecuador, and any dispute will be submitted to the competent courts of Ecuador. All other clients and users (Canada and any other country): these Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and any dispute will be submitted to the courts of British Columbia, Canada. In all cases this applies without prejudice to mandatory rules and the rights that the law grants consumers in their place of residence, which these Terms do not limit.
20. General provisions
Changes: we may update these Terms; the version in force is the one published here with its date and version number, and changes do not apply retroactively to Proposals already signed. Severability: if a clause is invalid, it will be enforced to the maximum extent permitted and the rest remain in force. Entire agreement: these Terms, the Privacy Policy and the Proposal form the entire agreement. No waiver: failing to exercise a right is not a waiver of it. Assignment: you may not assign your rights without our written consent. Independence: the parties are independent; nothing creates a partnership, employment or agency. Electronic communications: you agree that emails, messages and electronic approvals are fully valid. Language: if the Spanish and translated versions differ, the Spanish version prevails.
21. Contact
Questions about these terms? Reach out:
See also our Privacy Policy. This document is informational and does not replace individualized legal advice.