Terms of Service

Agreement to these terms

These Terms of Service (“Terms”) govern your access to and use of the NOCTIS website, including its pages, content, forms, features, and other materials.

By accessing or using the website, you acknowledge that you have read, understood, and agreed to these Terms and ourPrivacy Policy.

If you do not agree with these Terms, you should not use the website.

If you access the website on behalf of a company, organization, or other legal entity, you represent that you have authority to act on its behalf and bind it to these Terms.

About NOCTIS

NOCTIS is a digital design and development studio operated by Angel Giovanni Rios and based in El Paso, Texas, United States.

NOCTIS may provide services involving digital strategy, interface design, website development, visual systems, interaction design, technical implementation, and related consulting.

References to “NOCTIS,” “we,” “us,” or “our” in these Terms refer to NOCTIS and its operator. References to “you” or “your” refer to the person or organization accessing the website.

Website access and use

Subject to these Terms, NOCTIS grants you a limited, revocable, non-exclusive, non-transferable right to access and use the website for lawful informational and business purposes.

You are responsible for ensuring that your use of the website complies with applicable laws and does not infringe the rights of another person or organization.

You may view, reference, and share links to public pages of the website. You may not reproduce, republish, sell, license, distribute, modify, or commercially exploit website content unless NOCTIS provides prior written permission.

The website is intended for adults and individuals authorized to inquire about professional services. You must be legally capable of entering into a binding agreement in your jurisdiction to retain NOCTIS for paid services.

Project inquiries

The website may allow you to contact NOCTIS, request information, describe a potential project, or submit other business details.

Submitting a form, sending an email, attending an introductory call, or receiving a preliminary response does not create a client relationship, partnership, fiduciary relationship, agency relationship, or obligation for NOCTIS to accept a project.

Any availability, pricing, timing, scope, or capability discussed before a written agreement is signed is preliminary and may change following further review.

NOCTIS may accept or decline an inquiry in its discretion, subject to applicable law.

Client agreements

Paid projects are governed by a separate proposal, statement of work, service agreement, subcontractor agreement, invoice, order form, or other written agreement accepted by NOCTIS and the client.

A client agreement may address matters including:

• Project scope and deliverables
• Pricing, deposits, milestones, and payment schedules
• Revisions and change requests
• Client responsibilities and required materials
• Estimated schedules and delivery conditions
• Intellectual-property ownership and licensing
• Third-party software, hosting, and service expenses
• Cancellation, suspension, and termination rights
• Warranties, support, and maintenance
• Confidentiality and portfolio permissions

If these Terms conflict with a signed client agreement, the client agreement controls with respect to that project.

Website descriptions, portfolio pages, service summaries, and informal communications do not expand the deliverables or obligations contained in a client agreement.

Fees and payments

The public website does not create a general obligation to provide services at any displayed, discussed, or previously quoted price.

Project fees, deposits, expenses, taxes, payment deadlines, late-payment terms, refund conditions, and cancellation obligations will be stated in the applicable proposal, agreement, or invoice.

NOCTIS may use third-party payment processors or financial service providers. Those providers may process payment information under their own terms and privacy policies.

Unless a written agreement states otherwise, NOCTIS is not responsible for fees, delays, restrictions, exchange rates, or other actions imposed by a client’s bank, card issuer, payment provider, hosting provider, or other third party.

Intellectual property

Unless otherwise stated, the website and its original content are owned by or licensed to NOCTIS.

This may include:

• The NOCTIS name, identity, and logo
• Website layouts and interface designs
• Written copy and editorial structure
• Illustrations, graphics, imagery, and visual compositions
• Animations and interaction concepts
• Source code and component systems
• Case studies, mockups, and presentation materials
• Downloadable resources and other original material

These materials may be protected by copyright, trademark, trade-dress, contract, and other intellectual-property laws.

Except for the limited right to access the website under these Terms, no ownership interest or license is granted to you by implication, estoppel, or otherwise.

You may not remove copyright notices, branding, credits, watermarks, metadata, or other proprietary markings from website materials.

Portfolio and third-party material

The website may display client work, concept studies, mockups, prototypes, third-party marks, product interfaces, photographs, or other materials for portfolio, commentary, attribution, or illustrative purposes.

Client names, trademarks, logos, products, and other third-party materials remain the property of their respective owners. Their appearance on the website does not imply that NOCTIS owns those rights or that a continuing relationship, endorsement, or sponsorship exists.

Project descriptions may be condensed, reorganized, or presented selectively to communicate NOCTIS’s role and design process. They should not be interpreted as a complete record of the project, its commercial results, or every party involved.

Concept work, demonstrations, and speculative designs may not represent active clients, released products, or final production systems.

Information you submit

You retain ownership of information and materials you submit through the website.

You grant NOCTIS permission to receive, review, store, reproduce internally, and use submitted information as reasonably necessary to:

• Respond to your message or inquiry
• Evaluate a proposed project
• Prepare a scope, proposal, estimate, or agreement
• Provide requested services
• Maintain business, security, and legal records

You represent that you have the right to provide the submitted information and that doing so does not violate another party’s rights or applicable law.

Confidential information

General website forms and introductory communications are not intended for highly sensitive, regulated, secret, or confidential material.

Unless NOCTIS has signed a separate confidentiality or nondisclosure agreement, submitting information does not create a contractual confidentiality obligation beyond obligations imposed by applicable law and ourPrivacy Policy.

Do not send passwords, private access credentials, payment-card data, government identification numbers, medical information, trade secrets, or unpublished proprietary files through a general contact form.

Acceptable use

You may not use the website to engage in unlawful, abusive, deceptive, harmful, or unauthorized activity.

Prohibited conduct includes attempting to:

• Gain unauthorized access to the website, server, accounts, or connected systems
• Bypass access controls, rate limits, security features, or technical restrictions
• Introduce malware, malicious code, harmful files, or disruptive instructions
• Interfere with the website’s operation, availability, performance, or security
• Scrape, crawl, harvest, or systematically extract website content without permission
• Reverse engineer, decompile, or attempt to derive non-public website source code, except where applicable law expressly permits it
• Impersonate another person or misrepresent your identity, authority, affiliation, or intentions
• Submit fraudulent, defamatory, infringing, threatening, discriminatory, obscene, or otherwise unlawful material
• Use website content to train, develop, or improve a commercial artificial-intelligence model without written permission
• Use the website to distribute spam, unsolicited promotions, or automated messages

NOCTIS may investigate suspected misuse and cooperate with service providers or lawful authorities where reasonably necessary.

Third-party services and links

The website may reference, embed, link to, or depend on third-party websites, platforms, software, fonts, hosting services, analytics tools, content-delivery networks, payment processors, social networks, or other resources.

Third-party services are operated independently and may be governed by their own terms, policies, availability, accessibility practices, and security controls.

A link or integration does not necessarily mean that NOCTIS endorses, controls, guarantees, or assumes responsibility for the third party.

Your use of a third-party service is at your discretion and may create a separate relationship between you and that provider.

Availability, accuracy, and changes

NOCTIS may update, redesign, suspend, restrict, or discontinue any part of the website without guaranteeing advance notice.

We aim to present accurate and useful information, but website content may contain omissions, outdated information, typographical errors, technical inaccuracies, or incomplete project descriptions.

Service descriptions, technology references, availability, pricing discussions, schedules, and portfolio information may change over time.

NOCTIS is not obligated to maintain any particular page, feature, case study, link, file, or version of the website indefinitely.

Disclaimers

To the maximum extent permitted by applicable law, the website is provided on an “as is” and “as available” basis.

NOCTIS disclaims warranties and representations regarding:

• Continuous or uninterrupted website availability
• Error-free or completely secure operation
• The accuracy or completeness of website content
• Compatibility with every browser, device, or system
• The absence of harmful components or technical defects
• Any specific commercial, financial, marketing, accessibility, search-ranking, or performance result

Website content is provided for general informational and promotional purposes. It is not legal, accounting, tax, investment, cybersecurity, accessibility-compliance, or other regulated professional advice.

No portfolio example, testimonial, concept, projection, or previous result guarantees that another project will achieve the same outcome.

Nothing in these Terms excludes a warranty or legal protection that cannot lawfully be excluded.

Limitation of liability

To the maximum extent permitted by applicable law, NOCTIS and its operator, contractors, collaborators, and service providers will not be liable for indirect, incidental, consequential, exemplary, special, or punitive damages arising from or related to your use of, or inability to use, the website.

This includes alleged losses involving:

• Revenue, profits, opportunities, or anticipated savings
• Data, files, business information, or goodwill
• Business interruption or service disruption
• Device, software, network, or system damage
• Reliance on website content or third-party resources
• Unauthorized access or malicious third-party conduct

To the maximum extent permitted by applicable law, NOCTIS’s total liability for claims arising solely from your use of the public website will not exceed the greater of:

• The amount you paid specifically for access to the public website during the twelve months preceding the event giving rise to the claim
• One hundred United States dollars

Liability arising from a paid client project is governed by the applicable client agreement rather than this website-specific limitation.

These limitations do not apply to liability that cannot lawfully be limited or excluded.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless NOCTIS, its operator, contractors, and collaborators from third-party claims, liabilities, damages, losses, and reasonable expenses arising from:

• Your unlawful or unauthorized use of the website
• Your material violation of these Terms
• Information or materials you submit without sufficient rights or authorization
• Your infringement or violation of another party’s rights
• Your intentional misconduct or fraudulent activity

This section does not require you to indemnify NOCTIS for conduct for which indemnification cannot lawfully be required.

Suspension and termination

NOCTIS may restrict, suspend, or terminate access to the website when reasonably necessary to:

• Protect the website, systems, users, or third parties
• Respond to suspected fraud, abuse, or security threats
• Address a material violation of these Terms
• Comply with law or a lawful request
• Perform maintenance or discontinue the website

You may stop using the website at any time.

Provisions concerning intellectual property, submissions, disclaimers, liability, indemnification, governing law, and other terms that by their nature should survive will remain effective after access ends.

Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules that would require the application of another jurisdiction’s laws.

Subject to any non-waivable rights or jurisdictional requirements, disputes arising solely from these Terms or use of the website will be brought in a state or federal court with jurisdiction in El Paso County, Texas.

Before filing a legal action, you and NOCTIS agree to make a reasonable good-faith effort to resolve the dispute through written communication.

This section does not prevent either party from seeking temporary or emergency relief when reasonably necessary to protect intellectual property, confidential information, systems, or legal rights.

Electronic communications

You agree that communications, notices, proposals, approvals, and records may be provided electronically where permitted by law.

A separate client agreement may establish additional methods for electronic acceptance, signatures, notices, or approvals.

Consumer rights and honest reviews

Nothing in these Terms is intended to waive, restrict, or exclude a right or remedy that cannot legally be waived, restricted, or excluded.

Nothing in these Terms prevents you from:

• Providing an honest review or expressing a truthful opinion about your experience
• Reporting suspected unlawful conduct to an appropriate government authority
• Participating in a lawful investigation or legal proceeding
• Exercising privacy, consumer-protection, intellectual-property, or other non-waivable rights

This section does not authorize statements that are knowingly false, defamatory, unlawful, or that improperly disclose confidential information or another party’s protected material.

Miscellaneous

Entire agreement

These Terms and the Privacy Policy constitute the agreement between you and NOCTIS concerning use of the public website. They do not replace a separate agreement governing paid services.

Severability

If a provision of these Terms is found unenforceable, it will be interpreted or modified to the minimum extent necessary, and the remaining provisions will continue in effect.

No waiver

A failure or delay in enforcing a provision does not waive the right to enforce it later.

Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from NOCTIS.

NOCTIS may assign these Terms in connection with a reorganization, transfer of business assets, or change in ownership, subject to applicable law.

Headings

Section titles are provided for readability and do not alter the meaning of these Terms.

Changes to these terms

NOCTIS may update these Terms to reflect changes in the website, services, technology, business practices, or legal obligations.

The “Last updated” date at the top of this page identifies the latest revision.

Updated Terms become effective when posted unless a later date is stated. Material changes may be accompanied by an additional website notice when appropriate.

Your continued use of the website after updated Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires another form of notice or consent.