Last Updated: 14 October 2026

These Terms of Service (“Terms”) govern your access to and use of the Heavy Mask website, software, applications, downloads, digital products and services, and any professional services supplied by Heavy Mask.

By accessing our website, downloading or using our software, creating an account, connecting a third-party account, accepting a proposal or Statement of Work, instructing us to begin work, or otherwise using our services, you agree to these Terms.

1. About Heavy Mask

Heavy Mask (“Heavy Mask”, “we”, “us” or “our”) is a UK-based digital agency providing design, engineering, software, growth, artificial intelligence and related digital services. Our business contact details are:

Email: hello@heavymask.com

London:
The Harley Building
77 New Cavendish Street
London
W1W 6XB
United Kingdom

Luton:
72 Cardigan Street
Luton
Bedfordshire
LU1 1RR
United Kingdom

Where services are purchased under a proposal, quotation, order form, Statement of Work (“SOW”), engagement letter or other written agreement, the contracting Heavy Mask legal entity will be identified in that document.

2. Scope of these Terms

These Terms may apply to:

• websites and web applications;

• mobile, desktop and cloud applications;

• UX and UI design;

• graphic design, branding, illustration, animation and creative services;

• software development;

• custom programming and integrations;

• APIs and third-party integrations;

• automation and workflow systems;

• artificial intelligence systems and AI-assisted workflows;

• AI agents, orchestration systems and tooling;

• local and remotely hosted AI models;

• data transformation and processing tools;

• technical audits and troubleshooting;

• hosting, deployment and infrastructure support;

• WordPress, Shopify and other CMS or ecommerce work;

• SEO and technical SEO;

• generative engine optimisation and AI-search optimisation;

• content strategy and content creation;

• analytics and reporting;

• downloadable software, utilities and open-source tools;

• support, maintenance and consultancy; and

• any other digital, technical, creative or professional service that we agree to provide.

Specific services may also be governed by an SOW, licence, support agreement, data processing agreement or other written terms.

If there is a conflict between these Terms and an expressly agreed SOW or other signed agreement, that agreement will take priority in relation to the conflicting provision.

3. Eligibility and authority

You must have legal capacity to enter into these Terms.

If you use our Services on behalf of a company, organisation or other entity, you confirm that you have authority to bind that entity.

If you are acting as a consumer, nothing in these Terms excludes or limits rights that cannot lawfully be excluded under applicable consumer law.

4. Proposals, quotations and Statements of Work

Professional work will normally be defined through a proposal, quotation, project brief, SOW, email agreement or similar document.

Unless otherwise stated:

• estimates are based on the information available when they are issued;

• quotations exclude work outside the agreed scope;

• timelines depend on timely client cooperation, feedback and access;

• a quotation does not reserve resources indefinitely;

• changes to the scope may affect pricing and deadlines; and

• additional work may be charged separately.

We may use reasonable professional judgement when implementing an agreed brief.

5. Changes to project scope

You may request changes to a project.

Where a requested change materially affects scope, complexity, time, infrastructure, licensing requirements or third-party costs, we may issue a revised estimate or change request.

We are not obliged to undertake material out-of-scope work without agreement on the additional requirements, fees and timing.

6. Client responsibilities

You agree to provide, where reasonably required:

• accurate project information;

• timely decisions and approvals;

• suitable access credentials;

• content and assets;

• access to websites, hosting accounts, cloud services or software platforms;

• lawful instructions;

• licences or permissions for material supplied to us;

• appropriate personnel for testing and approvals; and

• any other information reasonably necessary for us to perform the Services.

You are responsible for reviewing deliverables and notifying us promptly of errors or issues.

Delays in receiving information, approvals or access from you may delay delivery without making Heavy Mask liable for the resulting delay.

7. Accounts and authentication

Some Heavy Mask products or services may require an account or may allow authentication through third-party services such as Google, Microsoft, GitHub or other identity providers.

You are responsible for maintaining the security of your account and devices.

You must not:

• share credentials where this is not permitted;

• attempt to access another person's account;

• circumvent authentication or security controls; or

• use compromised, stolen or unauthorised credentials.

You should notify us promptly if you believe your account or connected service has been compromised.

8. Connected third-party accounts and APIs

Certain Services may allow you to connect services operated by third parties.

Depending on the feature you choose, this may enable Heavy Mask software to access or perform actions relating to information such as:

• account identity information;

• email addresses;

• files and documents;

• calendars and events;

• email messages;

• contacts;

• spreadsheets;

• cloud storage;

• application data;

• analytics;

• website information;

• repositories; or

• other information made available by the relevant API.

The exact permissions requested will depend on the functionality you choose.

We will seek to request only permissions reasonably required to deliver the relevant functionality.

Your use of a third-party service remains subject to that provider's own terms and policies.

You may disconnect supported integrations or revoke their permissions using the relevant Heavy Mask functionality or the third-party provider's account controls.

9. Google API Services

Where a Heavy Mask product connects to Google through Google Sign-In, OAuth or a Google API, use of the integration is additionally subject to applicable Google terms and developer policies.

Heavy Mask will only access Google user data for the disclosed functionality for which access was authorised.

Heavy Mask's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Where Google Workspace data is accessed, our use of that information will also comply with applicable Google Workspace User Data and Developer Policy requirements.

More information is provided in our Privacy Policy.

10. Third-party services

Our Services may depend on third-party platforms, software, APIs, libraries, cloud services, hosting services, payment providers, AI providers or other technology.

Examples may include providers of:

• hosting;

• cloud computing;

• authentication;

• domain names;

• CMS software;

• ecommerce systems;

• analytics;

• communications;

• email;

• storage;

• source-code hosting;

• AI models;

• payment processing;

• search services; and

• software development infrastructure.

Unless expressly agreed otherwise, Heavy Mask does not control these services and cannot guarantee their continued availability, pricing, functionality, security or compatibility.

Changes made by a third party may require additional development work.

Third-party charges are your responsibility unless an agreement expressly states otherwise.

11. Artificial intelligence and automated systems

We may use or develop artificial intelligence, machine-learning systems, generative AI, locally hosted AI models, cloud AI services, automated workflows and agentic systems as part of our Services.

AI systems can produce incomplete, inaccurate, unexpected or non-unique outputs.

Unless expressly agreed otherwise:

• AI-generated or AI-assisted output must be appropriately reviewed before being relied upon;

• we do not guarantee factual accuracy of AI output;

• we do not guarantee that AI-generated material is unique;

• AI outputs must not be treated as professional legal, medical, financial or other regulated advice solely because they were generated by software;

• automated actions should be subject to appropriate permissions, safeguards and human oversight; and

• the client remains responsible for determining whether final outputs are appropriate for its intended use.

Where a project processes sensitive or confidential information, the architecture, hosting arrangement and permitted AI providers may be separately agreed.

12. Development and software services

Software may contain bugs, incompatibilities or unexpected behaviour.

We will exercise reasonable skill and care when providing professional development services, but software cannot reasonably be guaranteed to be completely error-free or secure in every environment.

Unless agreed otherwise, clients are responsible for:

• maintaining appropriate backups;

• keeping third-party software appropriately updated;

• controlling administrative access;

• protecting credentials;

• maintaining devices and infrastructure; and

• operating delivered software in accordance with its intended purpose.

13. Beta, experimental and preview features

We may make experimental, beta, preview or prototype functionality available.

Such features may:

• change without notice;

• contain bugs;

• be incomplete;

• lose data;

• have limited support; or

• be discontinued.

You should not rely on experimental features for critical operations unless we expressly agree otherwise.

14. SEO, marketing and growth services

Search rankings, organic traffic, AI-search visibility, conversions and marketing performance are influenced by factors outside our control.

We do not guarantee:

• a particular search-engine position;

• indexing;

• specific traffic levels;

• inclusion in AI-generated answers;

• revenue;

• leads;

• conversions; or

• continued performance following third-party algorithm changes.

Any forecasts, projections or estimated search volumes are estimates rather than guarantees.

15. Hosting, maintenance and infrastructure

Where we provide hosting, deployment, maintenance or infrastructure services, the exact service level will be determined by the applicable agreement.

Unless expressly agreed otherwise, no service is guaranteed to operate without interruption.

We may conduct reasonable maintenance, security work or emergency changes where necessary.

16. Client-provided material

You retain ownership of content, data, trademarks, files and other material you provide to us.

You grant Heavy Mask a limited licence to use, copy, modify, process and transmit that material only as reasonably necessary to provide the Services and exercise our rights under the relevant agreement.

You confirm that you have the rights and permissions necessary for us to use that material as instructed.

You must not knowingly provide material that unlawfully infringes another person's intellectual property, privacy or other rights.

17. Intellectual property in project work

Unless an SOW states otherwise:

Bespoke final deliverables

Once all amounts due for the relevant project have been paid, ownership of bespoke final deliverables created specifically for the client will transfer to the client to the extent stated in the project agreement.

Heavy Mask background intellectual property

Heavy Mask retains ownership of:

• pre-existing intellectual property;

• reusable code;

• libraries;

• frameworks;

• development tools;

• processes;

• methodologies;

• templates;

• internal systems;

• know-how;

• generic components;

• techniques; and

• improvements not uniquely created for the client.

Where Heavy Mask background intellectual property is incorporated into a deliverable, we grant the client a perpetual licence to use it as part of that deliverable unless otherwise stated.

Third-party intellectual property

Third-party software, fonts, libraries, photographs, plugins, themes, models, datasets or other materials remain subject to their respective licences.

18. Open-source software

Some Heavy Mask software or source code may be supplied under an open-source licence.

Where an open-source licence applies, that licence governs use, modification and distribution of the relevant software to the extent that it conflicts with these Terms.

19. Portfolio and attribution

Unless confidentiality obligations, an SOW or a written agreement state otherwise, we may identify a completed project as work performed by Heavy Mask and may display publicly released elements of that work in our portfolio, proposals, case studies, social media or marketing.

We will not intentionally publish confidential client information for this purpose.

20. Confidential information

Each party agrees to protect confidential information received from the other party and to use it only for purposes connected with the Services.

Confidential information does not include information that:

• is already lawfully public;

• becomes public without a breach of confidentiality;

• was already lawfully known to the receiving party;

• is independently developed without using the confidential information; or

• must be disclosed by law.

21. Personal data and data processing

Each party must comply with applicable data protection legislation.

Heavy Mask may act:

• as a controller when processing information for our own business purposes; and

• as a processor when handling personal data solely on a client's documented instructions.

Where Heavy Mask acts as processor on behalf of a client, we will, to the extent required by applicable data protection law:

• process personal data only on documented instructions;

• ensure persons authorised to process the data are subject to confidentiality obligations;

• implement appropriate technical and organisational security measures;

• impose appropriate obligations on subprocessors;

• reasonably assist the client with data-subject rights;

• reasonably assist with security, breach notification and data protection obligations;

• delete or return personal data following termination where required;

• make information reasonably necessary to demonstrate compliance available; and

• permit reasonable compliance reviews where legally required and appropriately scoped.

The relevant project documentation may specify the subject matter, duration, nature and purpose of processing, types of personal data and categories of data subjects.

Our Privacy Policy provides additional information regarding our own processing activities.

22. Security

We use reasonable technical and organisational measures designed to protect systems and information.

No internet-connected service can be guaranteed to be absolutely secure.

You must not attempt to:

• probe or exploit vulnerabilities without permission;

• bypass security measures;

• introduce malware;

• obtain unauthorised access;

• interfere with infrastructure;

• perform denial-of-service attacks;

• scrape protected services contrary to applicable terms; or

• use our Services to compromise another system.

We encourage responsible disclosure of genuine security issues.

23. Acceptable use

You must not use Heavy Mask Services:

• unlawfully;

• fraudulently;

• to infringe intellectual-property rights;

• to distribute malware;

• to gain unauthorised access;

• to harass or abuse others;

• to impersonate another person deceptively;

• to facilitate unlawful surveillance;

• to evade platform security controls;

• to process information you have no lawful right to process;

• to send unlawful spam;

• to interfere with our Services; or

• in a manner reasonably likely to cause material harm to Heavy Mask, another user or a third party.

We may restrict or suspend use where reasonably necessary to address abuse, security risks or legal obligations.

24. Fees and payment

Fees will normally be stated in the relevant quotation, proposal or SOW.

Unless otherwise agreed:

• invoices are payable within 14 days;

• applicable taxes will be added where required;

• third-party costs may be charged separately;

• work may be paused if an invoice becomes materially overdue; and

• final deliverables may be withheld until agreed amounts have been paid.

For business customers, we reserve the right to claim statutory interest and recovery costs on overdue amounts where permitted by law.

Deposits, retainers or advance payments may be required before work begins.

25. Recurring services

Subscriptions, retainers, hosting, maintenance and other recurring services continue for the agreed term.

Where no separate termination period is stated, either party may terminate an ongoing month-to-month service by giving 30 days' written notice.

Fees already incurred remain payable.

26. Cancellation and termination

Either party may terminate an agreement where the other commits a material breach and, where the breach can be remedied, fails to remedy it within a reasonable period after notice.

We may suspend or terminate immediately where reasonably necessary because of:

• unlawful activity;

• security threats;

• fraud;

• serious misuse;

• persistent non-payment;

• sanctions or regulatory requirements; or

• conduct that materially threatens our systems or other users.

If a project is terminated, you must pay for work properly performed and committed third-party costs up to the effective termination date.

27. Consumer cancellation rights

If you contract with us as a consumer at a distance, you may have statutory cancellation rights.

Where you expressly request that services begin during an applicable cancellation period, you may be required to pay for services supplied before cancellation.

Where a service has been fully performed after your express request and acknowledgement, statutory cancellation rights may cease where permitted by law.

Nothing in these Terms removes rights given to consumers by applicable law.

28. Suspension and discontinuation of software

We may update, replace or discontinue software or online services.

Where a paid service is materially discontinued during a prepaid contractual period, we will deal with any refund or migration obligation in accordance with the applicable agreement and law.

Free tools and experimental products may be discontinued without compensation.

29. Warranties

Professional services will be supplied with reasonable skill and care.

Except for warranties that cannot lawfully be excluded, Services are otherwise provided without additional express or implied warranties.

In particular, we do not warrant that every Service will:

• be uninterrupted;

• be error-free;

• be compatible with every system;

• achieve a particular commercial result; or

• remain compatible following changes made by third parties.

30. Limitation of liability

Nothing in these Terms limits or excludes liability where it would be unlawful to do so, including liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation; or

• other liability that cannot legally be excluded.

For business customers, to the maximum extent permitted by law:

• Heavy Mask will not be liable for indirect or consequential losses;

• Heavy Mask will not be liable for loss of profit, revenue, business, anticipated savings, opportunity or goodwill except where such loss cannot lawfully be excluded; and

• our total aggregate liability arising from a particular project or service will not exceed the greater of £1,000 or the fees paid or payable to Heavy Mask for the affected service during the 12 months immediately preceding the event giving rise to the claim.

The above business limitations do not apply to consumer customers where they would conflict with mandatory consumer law.

31. Backups and loss of data

Unless backup services are expressly included in an agreement, you are responsible for maintaining appropriate copies of important information.

We are not responsible for loss caused by a client's failure to maintain reasonable backups where it was reasonable for the client to do so.

This does not limit any data protection or other liability that cannot lawfully be excluded.

32. Indemnity for business customers

If you are a business customer, you agree to indemnify Heavy Mask against reasonable third-party claims, losses and costs arising directly from:

• unlawful material supplied by you;

• instructions that you knew were unlawful;

• infringement caused by client-supplied material;

• your material breach of these Terms; or

• your misuse of the Services.

This clause does not apply to the extent a claim resulted from Heavy Mask's own breach or negligence.

33. Force majeure

Neither party will be responsible for delay or failure caused by circumstances reasonably outside its control, including widespread internet outages, utility failures, natural disasters, war, terrorism, civil disturbance, governmental action, industrial disputes, major third-party platform failures or similar events.

34. Changes to these Terms

We may update these Terms to reflect changes to:

• our Services;

• legislation;

• technology;

• security practices; or

• third-party requirements.

The updated date will be displayed at the top of this document.

Material changes affecting an ongoing paid service will be communicated where reasonably required.

35. Governing law

For business customers, these Terms and any non-contractual obligations connected with them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Consumers retain any mandatory rights to bring proceedings in the courts available to them under applicable consumer law.

36. Severability

If any provision is held invalid or unenforceable, the remaining provisions will continue in effect.

37. No waiver

A failure to enforce a right immediately does not waive that right.

38. Entire agreement

For professional Services, these Terms together with the applicable proposal, SOW and other expressly incorporated documents constitute the agreement between the parties in relation to their subject matter.

39. Contact

Questions regarding these Terms may be sent to:

hello@heavymask.com

Heavy Mask
The Harley Building
77 New Cavendish Street
London
W1W 6XB
United Kingdom