Terms of Service

1. Acceptance of These Terms

By visiting our website, contacting us, booking a consultation, placing an order, or hiring us for a project, you confirm that you have read, understood, and agree to these Terms.

If you are using our Services on behalf of a company, school, organization, or other entity, you confirm that you have the authority to bind that entity to these Terms, and "you" refers to both you and that entity.

If you do not agree to these Terms, you must not access or use our Services. Continued use of our Services after reviewing these Terms means you accept them in full.

2. Changes to These Terms

We may update or change these Terms at any time for legal, regulatory, business, or security reasons. Updated Terms will be posted on this page with a revised "Last Updated" date.

For active projects, material changes that significantly affect your rights or obligations will, where reasonably possible, also be communicated to you directly (for example, by email).

Your continued use of our Services after any changes take effect constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

3. Eligibility

To use our Services, you must be of legal age to enter into binding contracts in your country of residence, or have the consent of a parent or legal guardian.

You must also have the legal capacity and authority to act on your own behalf, or on behalf of any company, school, or organization you represent.

You agree to provide accurate, current, and complete information when communicating with us, placing orders, or entering into a project agreement, and to keep that information up to date.

4. Description of Services

Enermyx provides a range of services, including but not limited to: hardware prototyping and product development, PCB design, 3D printing and modeling, electronics and maker supplies (retail and via our online shop), web development and digital marketing services, Robotics-as-a-Service (RaaS), and related technical consulting.

• Descriptions of Services on our website are for general informational purposes and may be updated, modified, or discontinued at any time without prior notice.
• Some Services, offers, or delivery options (such as pay-on-delivery) may only be available within specific regions, including parts of Accra and Ghana, and may not apply to all customers.
• We reserve the right to refuse, limit, or cancel any order or project at our discretion, including where we believe it conflicts with these Terms or our capacity to deliver quality work.

5. Intellectual Property & Ownership of Work

Background IP: Each party retains ownership of any intellectual property, tools, materials, or know-how it owned or developed before the start of a project ("Background IP"). Nothing in these Terms transfers ownership of Background IP between the parties.

Project Deliverables: Unless otherwise agreed in writing (for example, in a signed project agreement or statement of work), final deliverables created specifically for you as part of a paid project — such as final designs, source files, code, or physical prototypes you have paid for — are licensed or transferred to you upon receipt of full payment for that deliverable.

Enermyx Tools & Methods: Enermyx retains all rights to its own underlying tools, frameworks, code libraries, templates, design systems, calculation models, and proprietary methods used to create deliverables, and may reuse, adapt, or license these to other clients. You may not copy, resell, sublicense, reverse-engineer, or redistribute these underlying tools or proprietary methods without our prior written permission.

Portfolio Use: Unless you request otherwise in writing, Enermyx may showcase completed work (excluding any confidential information) in our portfolio, case studies, website, and marketing materials.

Client-Provided Materials: If you provide us with logos, content, designs, data, or other materials, you confirm that you own them or have the right to use and share them, and you grant Enermyx permission to use them solely for the purpose of completing your project.

6. Confidentiality

Both parties agree to keep confidential any non-public information shared during the course of a project, including business plans, designs, pricing, source files, and technical specifications.

Enermyx will not disclose your confidential information to third parties except where necessary to deliver the Services (for example, to a manufacturing or shipping partner), where required by law, or with your consent.

Confidentiality obligations do not apply to information that is already public, was already known to the receiving party without restriction, or is independently developed without reference to the other party's confidential information.

7. Service Availability

We work to keep our website, shop, ordering tools, and dashboards available and functioning correctly, but we do not guarantee uninterrupted, error-free, or continuous availability.

We may suspend, restrict, or modify any part of our Services — including for maintenance, upgrades, security reasons, or due to factors outside our control — without liability for any resulting loss or inconvenience.

8. Pricing, Payments & Refunds

Prices are quoted in Ghanaian Cedis (GHS) unless otherwise specified. Depending on the nature, scope, value, or location of a project, Enermyx may issue quotations or invoices in another currency, including United States Dollars (USD).

The applicable currency will be clearly stated before any order or project is confirmed. Prices are subject to change for future orders or projects without prior notice.

However, prices confirmed in an active quotation, invoice, order, or signed project agreement will remain fixed for that specific engagement.

Most projects require a deposit before work begins. Larger projects may be billed in stages, with each stage payable before we proceed to the next. Work will not commence, and deliverables will not be released, until the relevant payment has been received in full.

All online payments must be made through our approved payment processor, Paystack, unless an alternative method (such as pay-on-delivery for eligible orders) is explicitly offered at checkout. Enermyx is not responsible for payments sent through unapproved channels, to incorrect accounts, or with incorrect reference details.

Late Payments: If payment for a staged or ongoing project is overdue, we may pause work, apply a reasonable late fee, or treat the project as cancelled by you after a reasonable notice period.

Refunds: Deposits and payments for work already performed are generally non-refundable once work has commenced, as they cover time, materials, and resources already committed. Refund requests for undelivered or uncommenced work will be assessed on a case-by-case basis at our discretion. Refunds and returns for physical products purchased through our shop are handled under Section 15 (Shipping, Delivery & Pay-on-Delivery) and any product-specific return policy published on our site.

You are responsible for any bank charges, currency conversion fees, or transaction fees associated with your payment, as well as any taxes, duties, or levies (including VAT) applicable to your order or project, unless explicitly stated otherwise.

9. Project Timelines

Project timelines provided by Enermyx are estimates only and may change based on the complexity of the work, availability of materials or components, and other factors.

If you delay providing feedback, approvals, content, materials, or access needed for the project, the timeline may be extended accordingly, and Enermyx will not be responsible for any resulting delay.

10. Client Responsibilities

To help us deliver your project successfully, you agree to:

• Provide accurate, complete, and timely information, specifications, content, and materials needed for the project;
• Respond to requests for feedback, approvals, or decisions within a reasonable time;
• Provide any necessary access (such as hosting credentials, accounts, or physical access) required to complete the work; and
• Independently test, validate, and review any prototype, design, or system before relying on it or deploying it in a live, commercial, or safety-related setting.

Delays or issues caused by incomplete, inaccurate, or late information or materials provided by you may result in additional charges or an extended timeline.

11. Warranties & Disclaimers

Our Services and deliverables are provided on an "as is" and "as available" basis. While we take care to deliver quality work, we do not guarantee that any prototype, software, design, or system will be error-free, uninterrupted, or fit for any particular purpose beyond what is explicitly agreed in writing for that specific project.

To the maximum extent permitted by applicable law, Enermyx disclaims all other warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except where such warranties cannot be lawfully excluded.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Enermyx's total liability for any claim arising from or related to a Service, order, or project shall not exceed the total amount you paid to Enermyx for the specific Service, order, or project giving rise to the claim.

Enermyx will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, even if we have been advised of the possibility of such damages.

Enermyx is not responsible for how deliverables are used, modified, integrated, or relied upon after they have been delivered to you, including any consequences arising from changes you or a third party make after delivery.

13. Indemnification

You agree to indemnify and hold harmless Enermyx, its founder, employees, contractors, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your use or misuse of any deliverable, product, or Service; (b) your violation of these Terms; (c) your violation of any law or the rights of a third party; or (d) any content, data, or materials you provide to us.

14. Hardware, Prototypes & Product Warranty

Physical products purchased through our shop, and hardware prototypes, 3D-printed items, and PCBs produced as part of a project, are checked for quality before dispatch or delivery, but please note the following:

• If you receive a defective or damaged item, you must notify us within a reasonable period (typically within 48 hours of delivery for shop orders) with a description and photo evidence, so we can assess a repair, replacement, or other resolution.
• Our warranty does not cover damage caused by misuse, improper handling, unauthorized modification, normal wear and tear, or use outside of the product's intended specifications.
• Custom-made or made-to-order items — including 3D-printed parts, custom PCBs, and bespoke prototypes — are produced specifically for you and are generally non-refundable except where there is a manufacturing defect or the item does not match the agreed specifications.
• Enermyx provides custom prototyping, 3D printing, engineering services, and development-stage hardware solutions intended for prototyping, testing, customization, and general development purposes.
• Enermyx does not design, manufacture, or supply regulated products intended for medical, pharmaceutical, food-contact, safety-critical, or other controlled applications requiring certification or regulatory approval, unless such requirements are specifically agreed in writing as part of a separate project engagement.
• Files uploaded to our system that violate these Terms, including requests involving prohibited, illegal, or regulated uses outside our service scope, will be rejected. Where payment has already been made and no production work has commenced, Enermyx will process an appropriate refund and discontinue further evaluation of the request.
• Customers are responsible for ensuring that any intended use, modification, integration, or deployment of Enermyx deliverables complies with all applicable laws, standards, certifications, and approval requirements.

15. Shipping, Delivery & Pay-on-Delivery

Delivery times provided at checkout or in a project agreement are estimates only. Enermyx is not responsible for delays caused by courier services, customs, traffic, or other circumstances beyond our control.

Deliveries are shipped on Tuesdays and Fridays, with the exception of 3D printed rush orders, which are shipped the next day.

Orders within Accra are typically delivered within 2–5 business days between 8:00 AM – 6:00 PM. Orders outside Accra are typically delivered within 3–5 business days.

Pay-on-delivery is available only for eligible orders within specified areas (such as parts of Accra) and may be withdrawn or restricted at any time.

Where pay-on-delivery applies, you agree to inspect the item and complete payment at the point of delivery; once payment is made and the item handed over, risk of loss or damage to the product passes to you.

You are responsible for providing an accurate and complete delivery address and contact details. Additional charges may apply for redelivery attempts caused by incorrect address information or your unavailability at the agreed delivery time.

Important Notice: If a customer is unavailable to receive a confirmed delivery and the item is returned to Enermyx after reasonable delivery attempts, the order will not qualify for a refund because production, packaging, and delivery resources have already been committed.

16. AI & Automated Systems

Any artificial intelligence, automation, or "smart" systems we build, configure, or integrate as part of a project are intended for testing, learning, and general productivity purposes only.

Such systems should not be used as the sole basis for medical, legal, financial, safety-critical, or other high-stakes decisions. You are responsible for independently reviewing and verifying any output produced by AI or automated systems before relying on it.

17. Force Majeure

Enermyx will not be liable for any delay or failure to perform its obligations resulting from causes beyond our reasonable control, including but not limited to power outages, internet or network failures, natural disasters, civil unrest, war, government action, supply chain disruptions, or component shortages. In such cases, affected obligations will be suspended for as long as the relevant cause continues, and timelines will be adjusted accordingly.

18. Limited Project Capacity

To maintain a high standard of work, Enermyx accepts only a limited number of projects at any given time. As a result, some project requests may be delayed, placed on a waiting list, or declined at our discretion, even after initial discussions have taken place.

Accepting a project request does not guarantee a specific start date until a deposit (where applicable) has been paid and a start date has been confirmed in writing.

19. Consultations

We may offer a short, complimentary call at no longer than 30 minutes to understand your idea, project, or requirements at a high level. This initial consultation does not constitute a commitment to take on the project, and any information shared during it is preliminary and non-binding.

Further technical discussions, feasibility assessments, detailed planning, specifications, or engineering guidance beyond the initial consultation may require a paid technical consultation engagement.

Enermyx's standard technical consultation retainer starts at $500 (five hundred united states dollars) and is valid for a period of 60 days from the date of engagement.

This retainer is intended for business-to-business (B2B) engagements, including companies, startups, government agencies, educational institutions, multinational organizations, and other large or enterprise clients requiring ongoing technical consultation during the retainer period.

The base retainer covers the agreed consultation scope and duration only. Final fees may vary and may increase depending on the complexity of the project, technical requirements, level of expertise required, and any additional services requested beyond the agreed scope.

The technical consultation retainer does not include the development, design, manufacture, fabrication, or implementation of the final product or system. Unless separately agreed in writing, the retainer does not cover detailed engineering design, custom PCB design or manufacturing, firmware or software development, detailed CAD or mechanical design, physical prototyping, fabrication, assembly, procurement, installation, commissioning, on-site engineering, production documentation, or the delivery of proprietary engineering files, source code, CAD files, or other project deliverables.

Any development, engineering, manufacturing, or implementation work requested by the Client beyond the agreed consultation scope will require a separate quotation, written agreement, or project contract and will be subject to additional fees.

During the 60-day retainer period, Enermyx will remain reasonably available to the Client for technical consultation, project-related discussions, and clarification of matters within the agreed consultation scope. The Client may communicate with Enermyx through the agreed communication channels, and Enermyx will make reasonable efforts to respond and provide technical input within a reasonable timeframe. The retainer does not guarantee continuous, unlimited, or immediate availability, and consultation requests remain subject to Enermyx's existing commitments, working hours, and availability.

All applicable fees, scope, and terms will be communicated and agreed upon in advance before any paid work begins.

20. Type of Work Agreement

Projects are carried out under one of the following arrangements, as agreed before work begins:

• Fixed-Price: A total project cost is agreed upfront based on an agreed scope of work. Any request that falls outside this agreed scope ("scope change") may require a separate quote, additional payment, and/or an adjusted timeline before it is carried out.
• Flexible / Step-by-Step: The project is delivered and billed in stages or milestones, with the scope and requirements for each stage refined as the project progresses. Each stage is payable before work on the next stage begins.

21. Strategic Partnerships & Co-Launched Products

From time to time, Enermyx may agree to work with another business, school, or organization ("Partner") on a strategic partnership basis rather than as a standard paid engagement. This typically applies where Enermyx contributes hardware, software, design, or technical development work toward a specific product or system that is then jointly brought to market or jointly offered to the Partner's customers (a "Co-Launched Product"), instead of charging the Partner upfront fees for that work.

Revenue Share, Not Equity in the Partner's Business: Where a project is structured as a strategic partnership, Enermyx's compensation is a percentage of the revenue generated specifically by the Co-Launched Product, set at 40% of that product's revenue unless a different percentage is agreed in writing for a specific partnership. For clarity, this 40% share applies only to revenue generated by the Co-Launched Product itself. It does not apply to, and Enermyx claims no share, interest, or ownership in, the Partner's broader company, other products, other revenue streams, or existing business operations that are separate from the Co-Launched Product.

Why a Revenue Share Applies: A strategic partnership arrangement is offered specifically because Enermyx is not charging the Partner standard upfront development fees, deposits, or hourly/project rates for the hardware and/or software work contributed to the Co-Launched Product. In a typical paid engagement, Enermyx is compensated for its time and resources regardless of whether the resulting product succeeds commercially. In a strategic partnership, Enermyx instead absorbs the upfront cost, time, and risk of designing, building, and refining the product, and is compensated only if and when the Co-Launched Product generates revenue. The 40% share reflects this shift of risk onto Enermyx, the ongoing technical contribution Enermyx provides (such as maintenance, support, or further development of the hardware/software layer it built), and the value of the intellectual contribution embedded in the product. It is not a fee for service rendered, but a share in the specific commercial outcome that Enermyx's work helped create.

Scope of the Arrangement: Unless otherwise agreed in writing, a strategic partnership and its associated revenue share apply only to the specific Co-Launched Product described in the partnership discussion or agreement, and only for as long as that product remains active, supported, or commercially offered. Revenue share percentages, payment frequency, reporting obligations, and duration for a given partnership will be set out in a separate written partnership agreement or statement of work, which will govern that specific arrangement together with these Terms.

No Liability for the Partner's Business: Entering into a strategic partnership under this section does not make Enermyx a co-owner, director, partner (in the legal/corporate sense), or guarantor of the Partner's company, and does not make Enermyx liable for the Partner's debts, obligations, or other business activities. Likewise, the Partner is not entitled to any ownership or rights in Enermyx or its other clients, products, or projects as a result of the arrangement.

22. Termination & Suspension

Either party may terminate an ongoing project by providing written notice to the other. Where you terminate a project, you remain responsible for paying for all work completed, materials used, and non-recoverable costs incurred up to the date of termination, and any deposit already paid for work that has commenced is non-refundable.

Enermyx may suspend or terminate your access to any Service, or decline to continue a project, if: you breach these Terms; payments are overdue; you engage in abusive, fraudulent, or illegal conduct; or continuing the project would expose Enermyx to legal or reputational risk.

23. Data Protection & Privacy

We collect and process personal information (such as your name, contact details, delivery address, and payment confirmation details) as described in our Privacy Policy, in order to provide our Services, process orders and payments, and communicate with you.

If you share information about third parties with us (for example, alternative delivery contacts), you confirm that you have the right to share that information with us for the purposes described in our Privacy Policy.

24. Third-Party Services

Our Services rely on and integrate with third-party platforms, including but not limited to Paystack for payment processing, Google Workspace and related tools for data handling and storage, hosting providers, and courier or delivery partners. These third parties operate under their own terms and privacy policies, which we encourage you to review.

Enermyx is not responsible for outages, errors, policy changes, or actions taken by these third-party platforms, although we will make reasonable efforts to inform you of any significant impact on your order or project.

25. Acceptable Use

You agree not to use our Services to: engage in any unlawful activity; infringe the intellectual property or other rights of any person; design, build, or request hardware or software intended to cause harm, facilitate weapons, or enable illegal surveillance; or harass, defraud, or mislead any person.

Enermyx reserves the right to refuse, pause, or cancel any order, consultation, or project that we reasonably believe violates this Acceptable Use policy, without obligation to refund amounts already spent on work performed.

26. Dispute Resolution

If a dispute arises between you and Enermyx relating to these Terms or any Service, both parties agree to first attempt to resolve the matter informally through good-faith discussion.

If the dispute cannot be resolved informally within a reasonable period, it will be subject to the exclusive jurisdiction of the courts of Ghana, unless the parties agree in writing to an alternative dispute resolution method, such as mediation or arbitration.

27. Governing Law & Jurisdiction

These Terms, and any dispute arising from or related to them or our Services, are governed by and interpreted in accordance with the laws of Ghana, without regard to conflict-of-law principles.

28. Severability

If any provision of these Terms is found by a court or other authority to be invalid, illegal, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

29. Entire Agreement

These Terms, together with our Privacy Policy and any signed project agreement, quote, or statement of work, constitute the entire agreement between you and Enermyx regarding the Services, and supersede any prior discussions, understandings, or agreements, whether written or verbal, relating to the same subject matter. In the event of a conflict between these Terms and a signed project agreement, the signed project agreement will take precedence for that project.

30. Notices & Electronic Communications

By using our Services, you consent to receive communications from us electronically, including by email, WhatsApp, or messages within our platforms. Notices sent to the contact details you provide will be considered received within a reasonable time after sending. Quotes, invoices, approvals, and agreements exchanged electronically (including by email or accepted online) are considered valid and binding.

31. Contact Us

If you have any questions about these Terms, you can contact us through our official email or the contact details listed on our website. We aim to respond to all enquiries within a reasonable time.