Terms of Service

1. Agreement to Terms

Welcome to Devstroop Technologies. These Terms of Service ("Terms") govern your access to and use of our website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time, and your continued use of our Services constitutes acceptance of any modifications.

2. Services Description

Devstroop Technologies provides software development services, including but not limited to:

• Custom software development
• Web application development
• Mobile application development
• API development and integration
• Cloud infrastructure and DevOps
• UI/UX design
• Technical consulting
• Software maintenance and support

3. Client Responsibilities

When engaging our Services, you agree to:

• Provide accurate and complete information about your project requirements
• Respond to communications and requests for feedback in a timely manner
• Provide necessary access, credentials, and resources required for the project
• Review and approve deliverables within agreed timeframes
• Make payments according to the agreed payment schedule
• Ensure you have the rights to any content or materials you provide to us

4. Project Agreements

Individual projects are governed by separate project agreements, proposals, or statements of work ("Project Agreements") that specify:

• Scope of work and deliverables
• Timeline and milestones
• Pricing and payment terms
• Revision and change request policies
• Intellectual property ownership

In case of any conflict between these Terms and a Project Agreement, the Project Agreement shall prevail for that specific project.

5. Intellectual Property

Our Intellectual Property

The Devstroop name, logo, website content, and any proprietary tools, frameworks, or methodologies we use remain our exclusive property. You may not use, copy, or distribute these without our written permission.

Client's Intellectual Property

You retain ownership of any pre-existing intellectual property you provide to us. Upon full payment, ownership of custom deliverables created specifically for you transfers to you, unless otherwise specified in the Project Agreement.

Open Source and Third-Party Components

Projects may include open-source software or third-party components, which are subject to their respective licenses. We will inform you of any such components and their license requirements.

6. Payment Terms

• Payment terms are specified in individual Project Agreements
• We typically require an advance payment before commencing work
• Invoices are due within 15 days unless otherwise agreed
• Late payments may incur interest at 1.5% per month
• We reserve the right to suspend work if payments are overdue
• All fees are exclusive of applicable taxes

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement. This includes:

• Business strategies and plans
• Technical specifications and source code
• Customer data and databases
• Financial information
• Trade secrets

Confidentiality obligations survive the termination of any engagement for a period of two (2) years.

8. Warranties and Disclaimers

Our Warranties

We warrant that:

• Our Services will be performed in a professional and workmanlike manner
• Deliverables will substantially conform to agreed specifications
• We have the right to provide the Services

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claim arising from these Terms or our Services shall not exceed the amount paid by you for the specific Service giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• We are not liable for delays or failures caused by circumstances beyond our reasonable control (force majeure)

10. Indemnification

You agree to indemnify, defend, and hold harmless Devstroop Technologies and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content or materials you provide to us.

11. Termination

Either party may terminate an engagement:

• With written notice as specified in the Project Agreement
• Immediately if the other party materially breaches these Terms and fails to cure such breach within 15 days of written notice
• Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, you shall pay for all Services rendered up to the date of termination. We will deliver any completed work and return any materials you provided.

12. Dispute Resolution

Any dispute arising from these Terms or our Services shall be resolved as follows:

• Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiations
• Mediation: If negotiations fail, the parties may agree to mediation
• Arbitration/Litigation: Unresolved disputes shall be settled by arbitration or litigation in Delhi, India

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the courts located in Delhi, India for any legal proceedings.

14. General Provisions

• Entire Agreement: These Terms, together with any Project Agreements, constitute the entire agreement between the parties
• Severability: If any provision is found unenforceable, the remaining provisions shall continue in effect
• Waiver: Failure to enforce any right shall not constitute a waiver of that right
• Assignment: You may not assign these Terms without our written consent
• Independent Contractors: The parties are independent contractors, not partners, joint venturers, or employees