Terms of Service

1. Agreement to Terms

By accessing or using any website, service, platform, or digital product operated by WITSHELLS STUDIO (SMC-PRIVATE) LIMITED ("WitShells Studio", "we", "our", "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our services.

These Terms apply to all visitors, users, clients, and others who access or use our services.

2. Company Information

WITSHELLS STUDIO (SMC-PRIVATE) LIMITED is a company incorporated and registered in Pakistan under the Companies Act 2017 with the Securities and Exchange Commission of Pakistan (SECP).

• Registered Name: WITSHELLS STUDIO (SMC-PRIVATE) LIMITED
• Jurisdiction: Sindh, Pakistan
• Contact Email: contact@witshells.com
• Website: https://witshells.com

3. Services

WitShells Studio provides technology services including, but not limited to:

• Game development (Unity, multiplayer systems, mobile games)
• Enterprise software development (web platforms, APIs, dashboards)
• VR/AR and simulation experiences
• Web3 and blockchain development
• Digital product development and operation

Service scope, deliverables, timelines, and payment terms for client engagements are defined in individual project agreements or contracts signed between WitShells Studio and the client.

4. Client Engagements & Contracts

Client projects are governed by separate project agreements or statements of work. In the event of any conflict between a project agreement and these Terms, the project agreement shall take precedence.

All proposals, scopes of work, and pricing communicated to clients are non-binding until a written agreement is signed by an authorised representative of WitShells Studio.

5. Intellectual Property

5.1 Client Work

Unless expressly agreed in writing, ownership of deliverables developed for clients transfers to the client upon receipt of full payment. WitShells Studio retains the right to use non-confidential work as portfolio examples unless the client requests otherwise in writing.

5.2 WitShells Studio Property

All original content, branding, source code, design systems, and proprietary tooling created by or for WitShells Studio — including our websites, internal platforms, and own products — remain the exclusive intellectual property of WITSHELLS STUDIO (SMC-PRIVATE) LIMITED.

5.3 Third-Party Assets

Where third-party assets, libraries, or tools are incorporated into deliverables, such assets remain subject to their respective licences. Clients are responsible for compliance with applicable licences on assets provided by them.

6. Confidentiality

Both parties agree to treat non-public information exchanged in the course of a client engagement as confidential. WitShells Studio will not disclose client project details, source code, or business information to third parties without prior written consent, except as required by law.

Projects subject to non-disclosure agreements (NDAs) are governed by the terms of those agreements in addition to these Terms.

7. Acceptable Use

You must not use our services, platforms, or products to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of any third party
• Transmit harmful, malicious, or unauthorised code
• Attempt to gain unauthorised access to any system or network
• Conduct fraudulent, deceptive, or harmful activities
• Violate the privacy of any individual

8. Payments

Payment terms are defined in individual client agreements. Unless otherwise specified:

• A deposit (typically 30–50%) is required before work begins
• Remaining balance is due upon project completion or as agreed in milestones
• Late payments may result in work being paused until payment is received
• All prices are quoted in USD or PKR as agreed; currency conversion costs are borne by the client

Refund eligibility is determined by the terms of the specific project agreement.

9. Disclaimers & Warranties

Our services are provided on an "as is" and "as available" basis. We make commercially reasonable efforts to deliver work to specification but do not provide warranties of any kind, express or implied, beyond what is stated in the relevant project agreement.

We are not responsible for third-party services, platforms, or tools integrated at the client's direction.

10. Limitation of Liability

To the maximum extent permitted by applicable law, WITSHELLS STUDIO (SMC-PRIVATE) LIMITED shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability to any client shall not exceed the total fees paid by that client for the specific project giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless WitShells Studio and its founders, employees, and collaborators from any claims, damages, or expenses arising from your violation of these Terms or misuse of our services.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of Pakistan. Any disputes arising from these Terms or our services shall first be attempted to be resolved amicably. If resolution cannot be reached within 30 days, disputes shall be submitted to arbitration under applicable Pakistani commercial arbitration rules, or to the courts of Sindh, Pakistan, as appropriate.

13. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated by updating the "Last updated" date at the top of this page. Continued use of our services after changes constitutes acceptance of the revised Terms.

14. Contact