Terms of Service

Last Updated: July 02, 2026

Effective Date: July 02, 2026

IMPORTANT — PLEASE READ CAREFULLY

These Terms of Service constitute a legally binding agreement between you and Incredible Virtual Assistant (operated by Nandikonda Matrix). By accessing this Website or engaging our services, you agree to be bound by these terms in their entirety. If you do not agree, do not use this Website or engage our services.

These Terms include a binding arbitration clause and class action waiver (Section 22) that affect your legal rights. Please read Section 22 carefully.

PART I — WEBSITE TERMS OF USE

(Applicable to all visitors)

1. Introduction and Acceptance of Terms

These Terms of Service (“Terms,” “Agreement”) are entered into between:

Shyam Nandikonda, trading as Incredible Virtual Assistant, a sole proprietorship registered in India under Nandikonda Matrix, Road Number 3, Saraswati Nagar, Karimnagar, Telangana – 505001, India (“Service Provider,” “we,” “us,” or “our”)

and

You, the individual accessing this Website or engaging our services (“you,” “your,” “User,” or “Client”).

By accessing or using the website located at incrediblevirtualassistant.com (the “Website”) in any manner, including but not limited to visiting, browsing, submitting a contact or booking form, booking a strategy session, or engaging our paid services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are accessing this Website or engaging our services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” shall include that entity.

2. Definitions

For clarity throughout this Agreement, the following terms shall have the meanings assigned below:

“Website” means the website at incrediblevirtualassistant.com and all associated pages, subdomains, and content.
“Services” means the Shopify virtual assistant services offered by us, as described in detail on the Website and in any separate Service Agreement.
“Service Agreement” means the separate written agreement entered into between the Service Provider and a Client upon commencement of paid services, which supplements and operates alongside these Terms.
“Client” means any individual or entity that has entered into a paid service engagement with us.
“User” means any individual who accesses or uses the Website, whether or not they become a Client.
“Work Product” means any content, output, data, or deliverable created by the Service Provider on behalf of a Client during the course of service delivery.
“Confidential Information” means any non-public information disclosed by either party in connection with the services, including but not limited to business data, store access credentials, customer information, financial information, and proprietary processes.
“Billing Cycle” means the recurring monthly period for which service fees are charged, beginning on the date the first invoice is issued (or paid) and renewing on the same date each subsequent month.
“Business Hours” means Monday through Friday, 18:30 to 02:30 the following day, Indian Standard Time (IST), which corresponds to approximately 9:00 AM–5:00 PM United States Eastern Time during US daylight saving time and approximately 8:00 AM–4:00 PM United States Eastern Time during US standard time, excluding Indian public holidays and any previously notified periods of unavailability.
“Rush Work” means any task request submitted outside Business Hours, on weekends, or requiring completion on an expedited timeline outside the standard workflow.
“Intellectual Property” means all patents, trademarks, service marks, trade names, copyrights, design rights, database rights, trade secrets, know-how, and all other intellectual and industrial property rights, whether registered or unregistered.

3. Business Identity and Clarification

The trading name “Incredible Virtual Assistant” and all associated branding, logos, and Website content are owned and operated by Shyam Nandikonda under the sole proprietorship Nandikonda Matrix, registered in India.

All invoices, payment requests, and financial documentation will be issued under the legal business name Nandikonda Matrix. The appearance of “Nandikonda Matrix” on PayPal invoices or any other financial documents does not represent a different entity — it is the same business operating under the Incredible Virtual Assistant brand.

4. Eligibility

4.1 Age Requirement

You must be at least 18 years of age to access this Website, book a strategy session, or engage our services. By using this Website or our services, you represent and warrant that you are 18 years of age or older. We reserve the right to terminate access or service to any person who we discover is under 18 years of age.

4.2 Legal Capacity

You represent and warrant that you have the full legal capacity to enter into a binding contract. If you are entering into this Agreement on behalf of a business, you represent that you are duly authorized to bind that business to these Terms.

4.3 Geographic Eligibility

Our services are designed for and primarily offered to Shopify store owners based in the United States. We reserve the right to decline service inquiries from other geographic locations at our sole discretion.

5. Website Acceptable Use

5.1 Permitted Use

You may access and use this Website for lawful purposes, including reviewing information about our services, contacting us with inquiries, and booking a free strategy session.

5.2 Prohibited Conduct

You agree that you will NOT:

Use the Website for any unlawful, fraudulent, or harmful purpose
Attempt to gain unauthorized access to any part of the Website, its hosting server, or any system or network connected to the Website
Introduce any viruses, trojans, worms, logic bombs, or other malicious code to the Website
Engage in any conduct that could damage, disable, overburden, or impair the Website or interfere with any other user’s use of the Website
Use any automated means, including but not limited to robots, spiders, scrapers, crawlers, browser extensions, scripts, or bots to access, monitor, copy, or extract data from this Website or any of its content
Scrape, harvest, data-mine, or systematically extract any content, data, pricing information, service descriptions, or other material from this Website by any automated or manual means, without our prior written consent
Frame or mirror any portion of the Website without our prior written consent
Use the Website to transmit unsolicited commercial communications (spam)
Impersonate any person or entity, or falsely represent your affiliation with any person or entity
Attempt to reverse-engineer, decompile, or otherwise extract the source code of any software component of the Website
Use any content from this Website in connection with a competing service without our prior written consent

5.3 Consequences of Prohibited Conduct

We reserve the right to immediately suspend or permanently terminate your access to the Website, pursue legal remedies, and seek damages for any breach of Section 5.2. Violation of applicable laws may also be reported to relevant authorities.

6. Intellectual Property Rights — Website Content

6.1 Our Ownership

All content on this Website — including but not limited to text, copy, articles, page layouts, service descriptions, pricing information, graphics, logos, images, button icons, audio clips, digital downloads, data compilations, and the overall look and feel of the Website — is the exclusive property of Shyam Nandikonda / Nandikonda Matrix, trading as Incredible Virtual Assistant, and is protected by applicable copyright, trademark, and other intellectual property laws.

6.2 Brand and Trademark Notice

The name “Incredible Virtual Assistant”, associated logos, taglines, and brand identifiers are the proprietary trade names and trademarks of Nandikonda Matrix. Whether or not they are formally registered, unauthorized use of these marks in connection with any product or service is strictly prohibited and may constitute trademark infringement and/or unfair competition under applicable law. Nothing in these Terms grants you any right or license to use our brand name, logo, or trademarks.

6.3 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Website content solely for personal, non-commercial informational purposes. This license does not include the right to:

Copy, reproduce, republish, modify, or create derivative works from any Website content
Distribute, publicly perform, or publicly display any Website content
Use any content for commercial purposes without our express prior written consent
Remove or alter any copyright, trademark, or other proprietary notices

6.4 Reporting Infringement

If you believe any content on this Website infringes your intellectual property rights, please contact us at support@incrediblevirtualassistant.com with full details.

7. Third-Party Links and Resources

The Website may contain links to third-party websites, tools, and resources for informational convenience. These include but are not limited to Calendly (booking), PayPal (payments), and social media platforms. We have no control over the content, privacy practices, or terms of third-party sites and accept no responsibility for them. Inclusion of any link does not imply endorsement of the linked site. Your use of third-party websites is at your own risk and subject to their respective terms and policies.

8. Free Strategy Session Terms

8.1 Nature of the Session

The free 15-minute strategy session offered on this Website is a complimentary, no-obligation consultation designed to assess whether our Shopify virtual assistant service is an appropriate fit for your business.

8.2 No Professional Advice

Nothing communicated during the strategy session constitutes legal, financial, accounting, or investment advice. Any discussion about your Shopify store, its operations, or potential delegation strategies is informational and exploratory only.

8.3 No Guarantee of Engagement

Booking a strategy session does not guarantee that we will accept your engagement. We reserve the right to decline to provide services to any prospective client, for any reason, following the session.

8.4 No Consulting Relationship

The strategy session does not create a consulting, service, or employment relationship between the parties. No confidentiality obligation arises solely from the session unless a separate Non-Disclosure Agreement has been executed in writing.

8.5 Booking Platform

Strategy sessions are booked via Calendly. By using Calendly to book a session, you agree to Calendly’s Terms of Service and Privacy Policy in addition to these Terms.

9. Disclaimers and Limitation of Warranties — Website

9.1 As-Is Basis

THIS WEBSITE AND ALL INFORMATION, CONTENT, AND MATERIALS CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

9.2 No Warranty of Availability

We do not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any content on the Website.

9.3 Informational Accuracy

While we make reasonable efforts to keep information on the Website accurate and current, we make no representations or warranties regarding the accuracy, completeness, or reliability of any pricing information, service descriptions, or other content, which may be updated at any time without notice.

PART II — SERVICE TERMS

(Applicable to Clients engaging paid services)

10. Services Overview

10.1 Nature of Services

Incredible Virtual Assistant provides Shopify-focused virtual assistant services to profitable Shopify store owners based in the United States. Services are executed on a monthly subscription basis and include the operational tasks as described on the Services page of this Website and as confirmed in the separate Service Agreement.

10.2 Relationship to Separate Service Agreement

These Terms govern the general legal relationship between the parties. Upon commencement of a paid engagement, the Client and Service Provider will additionally execute a separate Service Agreement which sets out the specific scope of tasks, communication protocols, onboarding details, and any special conditions applicable to that engagement. In the event of a direct conflict between these Terms and the Service Agreement, the Service Agreement shall prevail with respect to the specific matter in conflict.

10.3 Service Provider Identity

All services are delivered by or under the direct supervision of Shyam Nandikonda, the Founder of Incredible Virtual Assistant. In the event that additional personnel are engaged by Incredible Virtual Assistant to assist with service delivery in the future, you acknowledge and agree that such personnel will operate under our supervision, are bound by the same confidentiality obligations, and that the Service Provider remains fully responsible for the quality and delivery of all services.

10.4 No Employment or Partnership

Nothing in these Terms or the Service Agreement creates an employment, joint venture, agency, franchise, or partnership relationship between the parties. The Service Provider is an independent contractor at all times.

11. Eligibility for Services — Store Requirements

11.1 Required Eligibility Criteria

Our services are designed for and available only to Shopify store owners who meet all of the following criteria:

The Client operates an active Shopify store
The store sells primarily to customers located in the United States
The store is generating consistent monthly profit (not merely revenue)
The Client is 18 years of age or older (see Section 4.1)
The store operates in full compliance with Shopify’s Terms of Service and all applicable laws

We reserve the right to verify these criteria and to decline or terminate service if they are not met.

11.2 Prohibited Store Categories

We will not provide services to Shopify stores that sell, facilitate, promote, or are associated with any of the following:

Legally Prohibited:

Products or services that are illegal under the laws of India, the United States, or the laws of the state or jurisdiction where the Client operates
Counterfeit, pirated, trademark-infringing, or otherwise unauthorized goods
Products or services that violate Shopify’s Terms of Service
Any products or activities constituting fraud, deceptive marketing, consumer scams, or unauthorized financial schemes

High Legal Risk:

Firearms, ammunition, weapon components, or related accessories
Controlled substances, unauthorized pharmaceuticals, or supplements making unauthorized medical or health claims
Tobacco products, cannabis, cannabinoids, vaping products, or related paraphernalia (regardless of legality in the client’s state)
Alcoholic beverages or alcohol-related products
Financial products including investment instruments, money lending, or securities of any kind
Gambling, wagering, lottery, or games of chance

Reputational Risk:

Adult content, sexually explicit material, or sexually suggestive products
Products or content promoting, glorifying, or facilitating hate speech, discrimination, racism, bigotry, or violence against any person or group
Multi-level marketing (MLM) structures, pyramid schemes, or businesses with deceptive compensation models

Prior Conduct:

Any store or client who has previously initiated an unjustified chargeback, fraudulent payment claim, or dispute against Incredible Virtual Assistant / Nandikonda Matrix

General Reservation: We reserve the right to decline to provide, or to discontinue, services to any store or client that we determine, in our sole and reasonable discretion, presents legal, ethical, reputational, or operational risks to our business, with written notice as provided in Section 19.

12. Scope of Services

12.1 Included Services

The services included in the monthly subscription are as described on the Services page at incrediblevirtualassistant.com/shopify-virtual-assistant/ and as confirmed in the separate Service Agreement. These include operational Shopify tasks within the following categories:

Product management support (uploads, edits, collections, variants, tagging)
Store operations support (settings, menus, banners, basic pages)
Order management assistance (monitoring, flagging delays, workflow organization)
Customer support assistance (responses per client guidelines, basic refund/return handling)
Inventory and administrative assistance (stock updates, spreadsheet management, recurring admin tasks)

12.2 Excluded Services

The following are explicitly not included in the standard monthly subscription regardless of the Client’s request:

Paid advertising or marketing management of any kind
Custom Shopify theme development or modification requiring coding
Custom app development or advanced technical integrations
Search engine optimization (SEO)
Graphic design beyond basic image handling
Advanced automations or API integrations
Revenue, sales, or business growth guarantees of any kind
Any tasks not explicitly confirmed in the Service Agreement

Any request for services outside the confirmed scope will be treated as a scope change subject to Section 12.4.

12.3 Hours Allocation

The standard monthly plan includes approximately 8–10 hours per week of Shopify operational support. The exact weekly hour allocation is confirmed during onboarding and documented in the Service Agreement. Hours are:

Time-based, not task-count based
Tracked internally by the Service Provider
Reported weekly in the Client’s weekly update
Non-rollover: Unused hours in any billing period do not carry over to subsequent billing periods and are forfeited at the end of each Billing Cycle

12.4 Scope Changes

Minor priority adjustments within the existing scope and within allocated hours may be accommodated without formal amendment
Significant scope changes — including new task categories, volume increases, or tasks outside the confirmed scope — must be discussed, quoted in writing, and approved by the Client in writing before work begins
Additional hours beyond the included weekly allocation may be purchased as add-ons at a rate confirmed in writing before work commences

12.5 Rush Work

Weekend work, after-hours requests, and expedited task requests outside Business Hours constitute “Rush Work” and are not included in the standard monthly subscription. Rush Work is subject to:

Availability at our sole discretion
A separate fee quoted on a case-by-case basis and confirmed in writing before work begins
No obligation on our part to accept or complete Rush Work requests

12.6 Multiple Shopify Stores

Each active Shopify store operated by the Client requires its own separate subscription. If a Client operates multiple stores, pricing and workload logistics for each additional store will be discussed and confirmed in writing during onboarding. A single subscription does not cover work across multiple stores.

12.7 Business Hours and Communication

Standard Business Hours: Monday–Friday, 18:30–02:30 the following day, IST (approximately 9:00 AM–5:00 PM US Eastern Time during US daylight saving time; 8:00 AM–4:00 PM US Eastern Time during US standard time)
Standard response time: within 24 business hours
Urgent task acknowledgement: typically within 4 business hours during Business Hours
Weekly progress updates delivered by email on the agreed day (default: Friday), including completed tasks, hours used, pending items, and recommended next priorities

12.8 Task Management Platform

Task requests, task progress, and hour tracking for an engagement are managed through the task-management system specified in the Client’s Service Agreement. For most engagements this is a private, dedicated Trello project board (the “Trello Board”) maintained by the Service Provider, to which the Client is given view and comment access for real-time visibility of task status; certain engagements may instead use a shared Google Sheet, as specified in the applicable Service Agreement.

All task requests must be submitted by email to support@incrediblevirtualassistant.com to constitute a valid request, regardless of the platform used; comments left on the Trello Board are not a substitute for email submission. By accessing and using the Trello Board, the Client agrees to be bound by the applicable Terms of Service and Privacy Policy of Trello (an Atlassian product), in addition to these Terms. The specific platform, the Client’s access level, and the applicable workflow are set out in the Service Agreement, which prevails with respect to operational specifics.

13. Pricing, Billing, and Payment

13.1 Standard Monthly Rate

The standard fee for the Shopify virtual assistant service is USD $499.00 per month.

13.2 First Month Discounted Rate

New Clients are eligible for a discounted first-month introductory rate of USD $299.00 (a saving of $200.00), subject to the following conditions:

(a) This discount is a one-time, lifetime benefit available exclusively to a Client’s very first engagement with Incredible Virtual Assistant, regardless of any subsequent cancellation, gap in service, re-engagement, or change in store being serviced.

(b) For the purposes of this clause, a “Client” is identified by their email address, business name, Shopify store URL, or any combination of these identifiers. Attempting to re-qualify for the discounted rate by registering under a different email address, business name, or store URL will be treated as a breach of these Terms.

(c) The discounted rate applies exclusively to the first Billing Cycle of a Client’s first-ever engagement. Any subsequent engagement — including re-engagement following cancellation, termination, or a gap of any duration — is subject to the standard rate of $499.00 per month from the first invoice.

(d) If a Client received a pro-rated refund under Section 14.1 during their first engagement, the discounted introductory rate is permanently exhausted and forfeited. Any subsequent engagement by that Client will be billed at the standard rate of $499.00 per month regardless of whether the Client considers their first Billing Cycle to have been “completed.”

(e) This discount is not transferable, combinable with any other offer, or applicable to additional Shopify stores under a separate subscription.

13.3 Billing and Payment Platform

All invoices are issued via PayPal under the legal business name Nandikonda Matrix. By engaging our services, you authorize recurring monthly invoices to be sent to the email address provided during onboarding. Payment is due upon receipt of each invoice unless otherwise confirmed in writing.

13.4 Payment Failure

If a payment is not received by its due date:

We will issue written notice of non-payment within 48 hours
Services may be paused if payment remains outstanding following that notice
Work will resume promptly once all outstanding payments are cleared
Repeated payment failures may result in service suspension or termination at our sole discretion, subject to Section 19

We are not liable for any consequences to the Client’s Shopify store operations arising from service pause or termination due to payment failure.

13.5 Price Changes

We reserve the right to adjust our service pricing at any time by providing at least 30 days’ written notice to active Clients via email. Price changes will take effect from the first Billing Cycle that commences after the 30-day notice period has expired. If a Client does not wish to continue at the new price, they may cancel in accordance with Section 16 without penalty during the notice period.

13.6 Taxes

All fees stated are in USD and exclusive of any applicable taxes. Clients are solely responsible for any taxes, duties, or levies applicable in their jurisdiction arising from their engagement with our services. We are not responsible for withholding, collecting, reporting, or remitting any taxes on behalf of the Client.

14. Refund Policy

14.1 First Month Pro-Rated Refund

A pro-rated refund is available exclusively during the first 14 calendar days of the first Billing Cycle. If a Client requests a refund within the first 14 days, they are entitled to a refund calculated as follows:

Refund Amount = (Fees Paid ÷ 30) × (30 − Number of Days Service Was Active)

This pro-rated calculation is based on a 30-day month regardless of the actual number of days in the month.

14.2 No Refunds After Day 14

After the first 14 calendar days of the first Billing Cycle, no refunds will be issued for any reason, including but not limited to:

Dissatisfaction with results
Change of business circumstances
Underutilization of allocated hours
Decision to cancel mid-cycle

14.3 No Refunds for Subsequent Months

From the second Billing Cycle onwards, all payments are non-refundable. No partial refunds will be issued for unused time, unused hours, or mid-cycle cancellation in any subsequent month.

14.4 Refund Process

To request a first-month pro-rated refund, the Client must submit a written request via email to support@incrediblevirtualassistant.com within 14 calendar days of the first invoice date. Refunds will be processed via PayPal within 10 business days of the approved request.

14.5 Chargebacks

The Client agrees not to initiate a chargeback, payment reversal, or dispute through PayPal or any financial institution without first contacting us in writing and allowing us a reasonable opportunity to resolve the concern (no less than 7 business days). An unjustified or fraudulent chargeback constitutes a material breach of these Terms and may result in:

Immediate termination of services
Provision of documentation to PayPal and financial institutions to contest the chargeback
Pursuit of recovery of chargeback fees and related costs

14.6 Anti-Abuse Reservation

We reserve the right to deny the first-month discounted rate and/or the pro-rated refund to any Client who we reasonably determine has engaged in pattern abuse of these policies, including but not limited to repeated engagement-and-cancellation cycles or attempts to circumvent the one-time discount limitation through use of different identifying details.

15. Non-Disclosure and Confidentiality

15.1 Mutual Confidentiality Obligations

Both parties acknowledge that in the course of the service engagement, each may have access to Confidential Information belonging to the other party. Both parties agree to:

Hold all Confidential Information in strict confidence
Use Confidential Information solely for the purpose of delivering or receiving the services described in these Terms and the Service Agreement
Not disclose Confidential Information to any third party without the prior written consent of the disclosing party
Take all reasonable precautions to protect the confidentiality of the other party’s Confidential Information, using at least the same degree of care applied to their own confidential information

15.2 What Constitutes Confidential Information

For the Client, Confidential Information includes but is not limited to: Shopify store access credentials, store data, product and pricing information, customer data, business strategies, revenue figures, supplier information, and any other non-public business information.

For the Service Provider, Confidential Information includes but is not limited to: proprietary workflows, processes, internal systems, and operational methodologies.

15.3 Exclusions

Confidentiality obligations do not apply to information that:

Is or becomes publicly available through no fault of the receiving party
Was already known to the receiving party prior to disclosure
Is independently developed by the receiving party without use of the Confidential Information
Is required to be disclosed by law, court order, or regulatory authority (with prompt prior written notice to the disclosing party where legally permissible)

15.4 Separate NDA

Upon request by either party prior to or at the commencement of onboarding, a separate Non-Disclosure Agreement may be executed in writing. Where executed, the terms of the separate NDA shall supplement these confidentiality provisions. In the event of conflict, the more protective provision shall prevail.

15.5 Survival

Confidentiality obligations under this Section survive the termination or expiration of the service engagement for a period of 3 years.

16. Cancellation Policy

16.1 Client's Right to Cancel

Clients may cancel the service subscription at any time, subject to the notice requirements in this Section.

16.2 Cancellation Method — Email Only

Cancellation requests must be submitted exclusively via email to support@incrediblevirtualassistant.com from the email address registered during onboarding. We will confirm receipt of all valid cancellation requests in writing within 2 business days.

Cancellation requests submitted via any other channel — including but not limited to WhatsApp, LinkedIn, phone call, text message, social media, or verbal communication — will not be accepted and will not be treated as valid notice of cancellation.

16.3 Notice Period

To avoid being charged for the next Billing Cycle, cancellation must be received at least 7 calendar days before the next billing renewal date. For example, if your Billing Cycle renews on the 1st of each month, your cancellation email must be received by the 25th of the preceding month at the latest.

If a valid cancellation request is received less than 7 calendar days before the next renewal date, the upcoming Billing Cycle may be charged in full, and service will continue through that cycle.

16.4 Service Continuation Through Billing Period

Following a valid cancellation, service will continue through the end of the current paid Billing Cycle. No partial refunds will be issued for time remaining in the current Billing Cycle after the cancellation effective date.

16.5 Effect of Cancellation

Upon cancellation:

All active tasks will be completed to the extent possible within the remaining Billing Cycle
Weekly updates will continue until the end of the Billing Cycle
Access and confidentiality obligations survive as described in Sections 15 and 18
Outstanding payment obligations survive cancellation

17. Intellectual Property — Work Product

17.1 Ownership During Engagement

All Work Product created by the Service Provider on behalf of the Client during an active service engagement remains the property of the Service Provider until full payment for the relevant Billing Cycle is received and cleared.

17.2 Transfer of Ownership Upon Payment

Upon receipt of full and cleared payment for a Billing Cycle, all rights, title, and interest in the Work Product created during that Billing Cycle automatically transfer to the Client. No further assignment or documentation is required to effect this transfer.

17.3 Work Product Created on Client's Platforms

For clarity, Work Product that is created directly within the Client’s Shopify store (e.g., product listings, descriptions, page content, collection structures) using content provided by the Client is subject to the ownership provisions above. Ownership of such embedded work product transfers to the Client upon payment regardless of the platform.

17.4 Pre-Existing Intellectual Property

Each party retains ownership of all intellectual property that existed prior to the commencement of the service engagement. Nothing in these Terms shall be construed as transferring ownership of either party’s pre-existing intellectual property to the other.

17.5 Service Provider's Tools and Processes

The Service Provider’s internal workflows, templates, operational checklists, communication formats, and proprietary processes remain the exclusive property of the Service Provider at all times, regardless of whether they are used in the course of delivering services to the Client.

17.6 Client Content

The Client retains full ownership of all content, images, data, and materials provided to the Service Provider for use in service delivery. By providing such materials, the Client grants the Service Provider a limited, non-exclusive license to use such materials solely for the purpose of delivering the services.

17.7 Portfolio and Case Study Use

Default position: Full confidentiality. We will not publish, display, reference, share, or otherwise use any information about your Shopify store, its products, its brand, its performance, or the work performed on your behalf for portfolio, case study, marketing, or promotional purposes without your explicit prior written consent.

If we wish to use anonymized descriptions of work performed (without identifying your store name, URL, brand, or any information that could identify you) for portfolio or marketing purposes, we will request your written opt-in permission separately. You are under no obligation to grant such permission. Refusal to grant permission will not affect the quality, scope, or continuity of your service in any way.

18. Shopify Store Access and Security

18.1 Preferred Access Method

We strongly prefer and recommend Shopify Collaborator Access for all service engagements. This method allows the Client to:

Retain full administrative control of their store at all times
Define and limit the specific permissions granted
Revoke access immediately at any time without affecting the store’s operation

18.2 Credential Sharing

If Shopify Collaborator Access is not technically feasible and login credentials must be shared, the Client agrees to:

Use a secure, encrypted password manager (such as LastPass, 1Password, or Bitwarden) to share credentials
Never send login passwords via unencrypted email, SMS, or unsecured messaging platforms
Change login credentials immediately upon termination of the engagement

We accept no liability for security breaches arising from the Client’s use of insecure credential-sharing methods contrary to this recommendation.

18.3 Scope of Access

The Service Provider agrees to:

Access only those areas of the Client’s Shopify store and associated systems that are necessary for the delivery of agreed services
Not access, copy, download, or transmit any Client data beyond what is strictly necessary for service delivery
Not share, sell, or otherwise disclose Client store access with any third party without the Client’s explicit written consent

18.4 Termination of Access

Upon termination of the service engagement — whether by cancellation, expiration, or termination under Section 19:

The Client is responsible for revoking all Shopify Collaborator Access and any other access previously granted to the Service Provider within 48 hours of the termination effective date.
The Service Provider will proactively submit a formal written request for removal of all access within 48 hours of the termination effective date.
The Service Provider shall not access the Client’s Shopify store or any associated systems on or after the termination effective date, regardless of whether access has been formally revoked by the Client.
Failure by the Client to revoke access within 48 hours does not grant the Service Provider permission to access the store post-termination. The Service Provider’s self-imposed access restriction is absolute and immediate upon termination.
Upon termination, the Service Provider will also remove the Client’s access to, or archive, any service-delivery platform used for the engagement (such as the Trello Board), consistent with the Service Agreement.

18.5 Store Backups

The Client is solely responsible for maintaining backups of their Shopify store data, product information, content, and associated records. We accept no liability for loss of data, content, or store configuration arising from any cause. Upon request, we may assist the Client with data exports or setting up backup processes, which would be treated as an additional service within available hours.

19. Non-Solicitation

19.1 Non-Solicitation of Service Provider

During the term of any active service engagement and for a period of 12 months following its termination or expiration for any reason, the Client agrees not to:

Directly solicit, recruit, engage, or hire the Service Provider (Shyam Nandikonda) as an employee, independent contractor, or in any other direct capacity, outside of an engagement with Incredible Virtual Assistant / Nandikonda Matrix
Engage, hire, or contract any current or former employee, contractor, or virtual assistant of Incredible Virtual Assistant / Nandikonda Matrix for Shopify store management or virtual assistant services, where such person was introduced to the Client through or in connection with their engagement with Incredible Virtual Assistant
Encourage or facilitate any such person to terminate their relationship with Incredible Virtual Assistant for the purpose of working directly with the Client

19.2 Purpose

This clause is included to protect the legitimate business interests of Incredible Virtual Assistant, including the training investment, proprietary methodologies, and operational knowledge developed in serving Clients, and to protect the business relationships and team members of Incredible Virtual Assistant as the business grows.

19.3 Remedies

A breach of this Section would cause significant and irreparable harm to Incredible Virtual Assistant for which monetary damages would be an inadequate remedy. In addition to any other legal remedies available, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce this Section.

20. Representations and Warranties

20.1 Client Representations

The Client represents and warrants that:

They are 18 years of age or older and have full legal capacity to enter this Agreement
All information provided during onboarding and throughout the engagement is accurate, complete, and not misleading
Their Shopify store operates in full compliance with Shopify’s Terms of Service and all applicable laws
They own or have all necessary rights to any content, images, data, or materials provided to the Service Provider for use in service delivery
Their store does not fall within any prohibited category set out in Section 11.2
They have not been previously terminated by Incredible Virtual Assistant for misconduct, non-payment, or policy violation

20.2 Service Provider Representations

The Service Provider represents and warrants that:

They have the legal authority and capacity to enter into this Agreement
Services will be delivered with reasonable skill, care, and diligence
Services will be performed in accordance with the scope confirmed in the Service Agreement
They will maintain the confidentiality of Client information as described in Section 15

21. Disclaimer of Results and No Guarantees

21.1 No Revenue or ROI Guarantee

The services provided by Incredible Virtual Assistant are operational support services only. We make no representation, guarantee, or warranty of any kind regarding:

The Client’s revenue, profit, or financial outcomes
The impact of our services on the Client’s sales, conversion rates, or business growth
The success, performance, or scalability of the Client’s Shopify store

Any information, examples, or case discussions shared during strategy sessions or communications are illustrative only and do not constitute promises or projections.

21.2 Client Responsibility for Strategy

The Client remains solely responsible for all strategic business decisions, including product selection, pricing, marketing, and growth initiatives. Our services support execution within defined operational parameters only.

22. Limitation of Liability

22.1 Liability Cap — CRITICAL

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE SERVICE PROVIDER TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE AGREEMENT, OR THE SERVICES — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY — SHALL NOT EXCEED THE NET SERVICE FEES ACTUALLY RETAINED BY THE SERVICE PROVIDER FOR THE SINGLE BILLING CYCLE IN WHICH THE CLAIM AROSE, CALCULATED AS GROSS FEES PAID MINUS ANY REFUNDS ISSUED FOR THAT SAME BILLING CYCLE (MAXIMUM USD $499.00).

FOR CLARITY BY WAY OF EXAMPLE: IF A CLIENT PAID $299.00 IN THE FIRST BILLING CYCLE AND RECEIVED A PRO-RATED REFUND OF $259.00 IN THAT SAME BILLING CYCLE, THE MAXIMUM LIABILITY OF THE SERVICE PROVIDER FOR ANY CLAIM ARISING FROM THAT BILLING CYCLE IS $40.00 — THE NET AMOUNT RETAINED — NOT THE GROSS AMOUNT ORIGINALLY PAID.

THIS CAP APPLIES IN AGGREGATE ACROSS ALL CLAIMS AND CAUSES OF ACTION AND CONSTITUTES THE SOLE AND EXCLUSIVE FINANCIAL REMEDY AVAILABLE TO THE CLIENT AGAINST THE SERVICE PROVIDER.

22.2 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS
LOSS OF GOODWILL, REPUTATION, OR DATA
BUSINESS INTERRUPTION OR LOSSES ARISING FROM STORE DOWNTIME
ANY DAMAGES ARISING FROM THE CLIENT’S RELIANCE ON THE SERVICES FOR REVENUE OUTCOMES

THIS EXCLUSION APPLIES EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22.3 Basis of the Bargain

The Client acknowledges that the pricing of our services reflects and is premised upon these limitations of liability, which form an essential part of the bargain between the parties. Without these limitations, the Service Provider would not be able to offer services at the stated price point.

22.4 Essential Services Disclaimer

The Client acknowledges that our services are operational support services and that the Client’s Shopify store, its revenue, and its continuity are not dependent solely on our services. The Client is responsible for maintaining all critical store functions independently of our support.

23. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Service Provider (Shyam Nandikonda / Nandikonda Matrix) and its successors, assignees, and representatives from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

The Client’s breach of any representation, warranty, or obligation under these Terms or the Service Agreement
The Client’s Shopify store content, products, or business operations
Any claim by a third party (including the Client’s customers) arising from products sold through the Client’s store
The Client’s violation of any applicable law or third-party rights
The Client’s provision of inaccurate, incomplete, or misleading information to the Service Provider
Any unauthorized use by the Client of content, materials, or intellectual property belonging to third parties
Any unjustified chargeback or fraudulent payment dispute initiated by the Client

24. Force Majeure

24.1 Definition

Neither party shall be held liable for any delay or failure to perform their obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond that party’s reasonable control (“Force Majeure Event”), including but not limited to:

Acts of God, natural disasters, floods, earthquakes, fires, or severe weather events
Pandemic, epidemic, or public health emergency (including government-mandated restrictions)
Acts of war, terrorism, civil unrest, or governmental action
Internet or telecommunications infrastructure failures, power outages, or cyber-attacks affecting systems beyond our control
Shopify platform outages, third-party service disruptions (including Trello or other task-management platform outages), or PayPal system failures
Strikes, labor disputes, or industrial actions
Any other event genuinely beyond the affected party’s reasonable control

24.2 Notification Requirement

The party experiencing a Force Majeure Event must promptly notify the other party in writing as soon as reasonably practicable, describing the nature of the event, its expected duration, and the obligations affected.

24.3 Suspension of Obligations

Affected obligations shall be suspended for the duration of the Force Majeure Event. The parties will use reasonable efforts to resume normal performance as soon as the Force Majeure Event ends.

24.4 Extended Force Majeure

If a Force Majeure Event continues for more than 30 consecutive calendar days, either party may terminate the service engagement with written notice, without liability to the other party. In such case, the Client shall be entitled to a pro-rated refund for any prepaid fees corresponding to the undelivered period.

25. Termination

25.1 Termination by Client

The Client may terminate this Agreement at any time by following the cancellation procedure in Section 16. Termination is subject to the notice period and billing provisions set out in that Section.

25.2 Termination by Service Provider for Cause

We may terminate the service engagement immediately upon written notice if the Client:

Fails to make payment and does not cure the failure within 48 hours of written notice
Breaches any material term of these Terms or the Service Agreement and fails to cure such breach within 7 business days of written notice
Provides materially false or misleading information during onboarding or during the engagement
Initiates an unjustified or fraudulent chargeback or payment dispute
Operates a Shopify store that falls within or is discovered to fall within the prohibited categories in Section 11.2
Engages in abusive, harassing, or threatening conduct toward the Service Provider
Violates Shopify’s Terms of Service in a manner that could expose the Service Provider to legal or reputational risk

25.3 Termination by Service Provider Without Cause

We reserve the right to terminate the service engagement for any reason or no reason, upon 7 calendar days’ written notice to the Client. In the case of termination without cause by the Service Provider, the Client shall be entitled to a pro-rated refund of prepaid fees for the undelivered period of the current Billing Cycle.

25.4 Effect of Termination

Upon termination for any reason:

All access provisions in Section 18.4 apply immediately
All outstanding payment obligations of the Client survive termination
Confidentiality obligations in Section 15 survive termination for the period stated therein
Non-solicitation obligations in Section 19 survive for the stated period
All accrued rights and remedies of both parties are preserved
Sections 6, 15, 17, 19, 22, 23, 26, 27, and 28 survive termination of this Agreement

26. Dispute Resolution

26.1 Three-Tier Escalation Process

The parties agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Service Agreement, the Website, or the services (“Dispute”) exclusively through the following sequential process:

TIER 1 — Good Faith Direct Negotiation (15 days)

Either party wishing to raise a Dispute must first notify the other party in writing via email, clearly describing:

The nature of the Dispute
The specific relief or remedy sought
Any supporting documentation

The parties must then engage in good faith direct negotiation for a period of 15 calendar days from the date the written notice is received. Both parties commit to genuine, reasonable efforts to resolve the Dispute during this period.

TIER 2 — Mediation (30 days)

If the Dispute is not resolved through direct negotiation within 15 calendar days, either party may escalate to mediation. The parties will:

Jointly appoint a neutral mediator within 7 days of escalation (failing agreement, the mediator shall be appointed by the Indian Mediation Centre or a mutually agreed appointing authority)
Conduct mediation in good faith over a period of up to 30 calendar days from the date mediation is initiated
Bear their own costs of mediation, with the mediator’s fees shared equally unless otherwise agreed
Keep all mediation discussions strictly confidential and inadmissible in any subsequent proceedings

TIER 3 — Binding Arbitration

If the Dispute is not resolved through mediation within 30 calendar days, it shall be finally and conclusively resolved by binding arbitration in accordance with the following terms:

Governing Rules: Indian Arbitration and Conciliation Act, 1996, and any amendments thereto
Seat of Arbitration: Karimnagar, Telangana, India
Number of Arbitrators: One (1) sole arbitrator, mutually agreed by the parties, failing which appointed in accordance with the Act
Language: English
Award: The arbitral award shall be final and binding on both parties and enforceable in any court of competent jurisdiction, including under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which India is a signatory
Confidentiality: All arbitration proceedings, submissions, and awards shall be kept strictly confidential
Costs: Each party shall bear its own legal costs. The arbitrator’s fees shall be shared equally unless the arbitral award specifies otherwise

26.2 Interim Relief

Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where necessary to prevent irreparable harm, pending the outcome of the dispute resolution process.

26.3 Obligation to Follow Process

The parties agree that commencing litigation or arbitration without first completing Tiers 1 and 2 of the above process (except for urgent interim relief) constitutes a breach of this Agreement.

27. Class Action and Collective Proceeding Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE SERVICE PROVIDER EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING — WHETHER THROUGH NEGOTIATION, MEDIATION, ARBITRATION, OR COURT — WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You expressly waive any right to bring, join, or participate in any class action lawsuit, class-wide arbitration, collective proceeding, or any consolidated action against the Service Provider arising out of or relating to these Terms, the Service Agreement, or the services.

Each Dispute must be brought individually. If any court or arbitrator finds this waiver to be unenforceable in any particular case, then the class action or collective proceeding portion of that Dispute shall be severed and resolved in a court of competent jurisdiction, while any individual claims proceed in arbitration.

28. Governing Law and Jurisdiction

28.1 Governing Law

These Terms and the Service Agreement, and any Dispute arising out of or in connection with them, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles or choice of law rules.

28.2 Jurisdiction

Subject to the dispute resolution process in Section 26, the parties submit to the exclusive jurisdiction of the courts located in Karimnagar, Telangana, India for any matter not subject to arbitration (including applications for interim relief). By engaging our services, you irrevocably consent to the jurisdiction of these courts.

28.3 Cross-Border Acknowledgement

You acknowledge that the Service Provider is a sole proprietor based in India and that the services are rendered from India. You further acknowledge that any legal proceedings against the Service Provider will be conducted in India under Indian law, and you waive any objection to such jurisdiction on grounds of inconvenience or otherwise.

29. Changes to These Terms

29.1 Material Changes

We reserve the right to update or modify these Terms at any time. For material changes — including changes to pricing structures, liability limitations, dispute resolution mechanisms, cancellation policy, or refund policy — we will provide at least 30 days’ written notice to active Clients via email before such changes take effect. Material changes will apply from the first Billing Cycle that commences after the 30-day notice period expires.

29.2 Non-Material Changes

For non-material changes — including clarifications, corrections of typographical errors, addition of examples, or administrative updates — we will update the “Last Updated” date on this page with 14 days’ notice. Your continued use of the Website or services after such changes constitutes acceptance.

29.3 Acceptance of Updated Terms

Your continued use of the Website or engagement of our services following the applicable notice period constitutes your binding acceptance of the updated Terms. If you do not agree to any updated Terms, you must discontinue use of the Website and cancel any active service engagement in accordance with Section 16 before the updated Terms take effect.

29.4 Version History

Previous versions of these Terms are available upon written request to support@incrediblevirtualassistant.com.

30. General Provisions

30.1 Entire Agreement

These Terms, together with the Privacy Policy, the Cookie Policy, and any executed Service Agreement and NDA, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior and contemporaneous understandings, representations, negotiations, and agreements, whether written or oral, relating to such subject matter.

30.2 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible. The remaining provisions shall continue in full force and effect.

30.3 Waiver

Our failure to exercise or delay in exercising any right, power, or remedy under these Terms shall not operate as a waiver of that right, power, or remedy. A waiver of any particular breach or default shall not constitute a waiver of any subsequent breach or default of the same or any other provision.

30.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms to any third party without our prior written consent. We may assign these Terms or any rights or obligations hereunder to a successor entity in connection with a business transfer, merger, or restructuring, subject to providing you reasonable written notice.

30.5 Notices

All legal notices under these Terms must be sent in writing via email:

To the Service Provider: support@incrediblevirtualassistant.com
To the Client: The email address provided during onboarding or booking

Notices are deemed received on the business day following confirmed delivery to the recipient’s email address.

30.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing in these Terms shall create or be deemed to create any rights in any third party.

30.7 Relationship of Parties

The Service Provider is an independent contractor. Nothing in these Terms shall be construed to create an employment, partnership, joint venture, franchise, or agency relationship between the parties.

30.8 Language

These Terms are written in the English language. In the event of any conflict between an English version and any translated version, the English version shall prevail.

31. Contact Information

For all legal notices, terms-related questions, dispute notifications, or service-related communications:

Shyam Nandikonda

Incredible Virtual Assistant (Nandikonda Matrix)

📧 Legal & Terms Enquiries: support@incrediblevirtualassistant.com

📧 Privacy Enquiries: privacy@incrediblevirtualassistant.com

📝 Contact Form: https://incrediblevirtualassistant.com/contact/

📮 Postal Address: Road Number 3, Saraswati Nagar, Karimnagar, Telangana – 505001, India

These Terms of Service were last reviewed and updated on July 02, 2026. Previous versions are available upon request.

© 2026 Incredible Virtual Assistant | Nandikonda Matrix. All rights reserved. Unauthorized reproduction, distribution, or use of any content from this document or this Website is strictly prohibited.