These Terms and Conditions ("Terms") govern your access to and use of zovkai.com (the "Website") and any services provided by Zovkai ("we", "us", "our"). By accessing or using this Website, or by engaging Zovkai to provide services, you agree to be bound by these Terms. If you do not agree, please do not use this Website or engage our services.
Zovkai's services are offered to business clients only. This Website and these Terms are not directed at consumers acting outside of a trade, business, or professional capacity.
Where you are located in the United Kingdom, European Economic Area, or Singapore, mandatory provisions of your local law (including UK GDPR, EU GDPR, and Singapore's PDPA respectively) apply alongside these Terms and are not displaced by the governing law clause in Section 12.
Zovkai is a creative studio specialising in interactive game experiences, gamified marketing, web development, mobile applications, and AI-assisted digital production. Zovkai operates as a sole proprietorship. All client-facing work is led and delivered by Benny, the founder and sole proprietor.
You may access and use this Website for the purpose of learning about Zovkai's services and initiating contact with us. All content on this Website is provided for informational purposes only.
You must not:
All content on this Website — including but not limited to text, design, graphics, logos, images, audio-visual material, and code — is the intellectual property of Zovkai unless otherwise stated. Nothing on this Website grants you any licence or right to use any of this content without our express written permission.
Upon receipt of full payment for a completed project, Zovkai assigns to the client all economic rights (hak ekonomi) in the final deliverables created specifically for that project, to the extent permitted by Indonesian Copyright Law (UU 28/2014) and any other applicable law. This assignment will be confirmed in the written project agreement for each project, in accordance with Article 16(2) of UU 28/2014, which requires copyright assignment to be in writing.
The author's moral rights (hak moral) as provided under Article 5 of UU 28/2014 are inalienable by law and are retained by Benny as the author. However, Benny agrees not to exercise those moral rights in any manner that would interfere with the client's reasonable commercial use of the assigned deliverables.
Zovkai retains the right to display completed work as part of its portfolio unless the client has expressly requested otherwise in writing prior to project commencement. Portfolio display will not include information the client has marked as confidential.
Where a project incorporates third-party assets (such as stock imagery, licensed audio, open-source libraries, or AI-generated content subject to third-party terms), ownership and licensing of those assets remains subject to the terms of the original licence. Zovkai will disclose the use of any material third-party assets to the client.
The copyright status of AI-generated output is unsettled in many jurisdictions. The client acknowledges that Zovkai cannot warrant a registrable copyright in any purely AI-generated component as such, and that the legal position may vary by jurisdiction and continue to evolve.
Where client-supplied materials are used in the production of deliverables, Zovkai will take reasonable steps to use AI tools under terms that do not permit the tool provider to train on those materials. For projects involving commercially sensitive or confidential materials, the client should notify Zovkai in writing and we will confirm the tools and safeguards in use.
No formal service agreement exists between you and Zovkai until both parties have agreed in writing to the scope, deliverables, timeline, and price of a project. An exchange of emails that expressly confirms all four of those elements constitutes written agreement for this purpose. Zovkai reserves the right to decline any project enquiry at its discretion.
The agreed project scope is defined in the written agreement or proposal. Any request to materially alter the scope after agreement may be subject to revised pricing and timelines. Zovkai will communicate any such implications before proceeding with out-of-scope work.
Unless expressly listed in the project scope, Zovkai delivers final compiled outputs in agreed formats (e.g. a built game, a live website, a compiled application). Source files, project files, raw assets, and working files are provided only where explicitly agreed in writing or upon payment of an additional fee. Post-launch source file requests will be agreed on a per-project basis.
Zovkai is not responsible for hosting, ongoing maintenance, security updates, platform compatibility, or third-party SDK/API changes after delivery, unless a separate written maintenance agreement has been signed. Once a project is delivered and accepted, ongoing support is a separate engagement.
Payment terms will be specified in the project agreement. Unless otherwise agreed:
Zovkai does not hold client funds in escrow. Payment methods will be agreed between the parties on a per-project basis.
If a client cancels a project after work has commenced:
Zovkai may terminate a project agreement immediately upon written notice if the client is in material breach of these Terms or the project agreement, including non-payment.
To enable Zovkai to deliver effectively, clients agree to:
Indemnity for client-supplied materials: The client indemnifies Zovkai against any third-party claim, loss, liability, damage, or cost (including reasonable legal fees) arising from or in connection with materials, branding, content, or instructions supplied by the client, including any claim of intellectual property infringement. This indemnity survives termination of any project agreement.
This Website is provided on an "as is" and "as available" basis. Zovkai makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the accuracy, completeness, or currency of any information contained within it. We do not warrant that this Website will be uninterrupted, error-free, or free of viruses or other harmful components.
Zovkai warrants that services will be performed with reasonable skill and care. Zovkai does not warrant any specific commercial outcomes, reach, revenue, or results arising from deliverables. All creative work involves inherent subjectivity; Zovkai will work diligently to meet agreed specifications but cannot guarantee that subjective expectations not captured in the agreed project brief will be met.
Where AI tools are used in the production of deliverables, Zovkai's expert direction and quality review remain the primary standard of care. Zovkai does not represent that AI-generated elements are free from the technical or legal limitations inherent to AI technology at the time of delivery, including limitations on the copyright status of AI-generated output as described in Section 3.
To the fullest extent permitted by applicable law, Zovkai shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of this Website or the services provided, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption.
Zovkai's total aggregate liability to any client in respect of any claim arising from a project shall not exceed the total fees paid by that client for the specific project giving rise to the claim.
Any claim against Zovkai must be notified in writing within twelve (12) months of the event giving rise to the claim. Claims notified after this period are waived to the fullest extent permitted by applicable law.
Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
Zovkai shall not be in breach of these Terms or any project agreement, and shall not be liable for any delay or failure in performance, to the extent that such delay or failure results from events or circumstances outside Zovkai's reasonable control, including but not limited to: natural disasters, acts of government, pandemics or public health emergencies, internet or infrastructure outages affecting Zovkai's supply chain, failure of third-party services (including AI tools, hosting providers, or software platforms), and incapacitating illness of Benny as the sole operator. Where a force majeure event occurs, Zovkai will notify the client promptly and the parties will agree in good faith on revised timelines or, if the event continues for more than 30 days, either party may terminate the project agreement without penalty, subject to payment for work completed to that date.
Zovkai may engage third-party tools, platforms, and AI services in the delivery of projects without requiring prior client approval, provided Zovkai remains fully responsible for the quality and delivery of the final work. Zovkai will not subcontract human creative or development work to a third party without the client's prior written consent.
Zovkai treats all client project information as confidential and will not disclose it to third parties without the client's consent, except as required by law or to platforms and tools directly involved in delivering the project. Clients are encouraged to notify Zovkai in writing if particular project elements are commercially sensitive, and Zovkai will confirm the safeguards in place for handling such materials (see also Section 3 on client materials in AI tools).
This Website contains links to third-party websites and platforms, including TikTok and Instagram. These links are provided for convenience only. Zovkai has no control over the content, privacy practices, or availability of third-party sites and accepts no responsibility for them. Accessing any linked site is at your own risk.
These Terms are governed by the laws of the Republic of Indonesia. In the event of any dispute arising out of or in connection with these Terms or Zovkai's services, the parties will first attempt to resolve the matter through good-faith negotiation for a period of at least 30 days from written notice of the dispute. If the matter is not resolved within that period, it shall be subject to the exclusive jurisdiction of the competent courts of Indonesia, without prejudice to Zovkai's right to seek urgent injunctive or other relief in any jurisdiction where necessary to protect its rights.
For clients located in the United Kingdom, European Economic Area, or Singapore, mandatory provisions of applicable local law (including UK GDPR, EU GDPR, and Singapore's PDPA) shall not be excluded by this clause. Statutory rights under those frameworks apply regardless of the governing law chosen here.
Zovkai reserves the right to update these Terms at any time. When we do, we will update the "Last updated" date at the top of this page. Continued use of this Website following any update constitutes your acknowledgement of the revised Terms. We encourage you to review this page periodically.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms, together with any written project agreement entered into between you and Zovkai, constitute the entire agreement between the parties with respect to its subject matter and supersede all prior representations, discussions, or agreements. These Terms incorporate by reference the Privacy Policy at zovkai.com/privacy.
For any questions, concerns, or requests relating to these Terms: