Terms and Conditions

1. Introduction

These Terms and Conditions (the “Terms”) govern your access to and use of this website and any content, functionality or services offered on or through it (together, the “Website”).

The Website is operated by [BUSINESS TO CONFIRM: full registered legal entity name, company registration number and registered office address], trading as AppAgentix (“we”, “us” or “our”).

By accessing or using the Website you confirm that you accept these Terms and agree to be bound by them. If you do not agree, you must not use the Website.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Website. If you are using the Website on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

2. Definitions

In these Terms, the following words have the meanings given below.

Website

This website, including all pages, content, features and functionality made available through it.

Services

The software development, mobile and web application development, AI and data engineering, design, consulting, and related support services we provide, as described on the Website and defined in more detail in a signed agreement.

Client

Any individual or organisation that engages us to provide Services under a signed proposal, statement of work or master services agreement.

User, you

Any person who accesses or uses the Website, whether or not they are a Client.

Content

All text, graphics, images, logos, video, audio, data, software, source code and other material made available on or through the Website.

Agreement

A signed proposal, statement of work, master services agreement or other written contract between us and a Client that governs the delivery of Services.

Deliverables

The work product we create and supply to a Client under an Agreement, which may include software, source code, designs, documentation and reports.

3. Use of the Website

We grant you a limited, non-exclusive, non-transferable and revocable permission to access and use the Website for your own lawful, personal or internal business purposes, in accordance with these Terms.

3.1 Permitted use

You may browse the Website, read and evaluate the information we publish, and contact us about our Services. You may print or download individual pages for your own reference, provided you do not remove any copyright or proprietary notices.

3.2 Prohibited use

You agree that you will not:

• use the Website in any way that breaches applicable local, national or international law or regulation;
• use the Website for any fraudulent, deceptive or unlawful purpose, or to impersonate any person or entity;
• attempt to gain unauthorised access to the Website, the server on which it is stored, or any server, computer or database connected to it;
• introduce any virus, trojan, worm, logic bomb, ransomware or other material that is malicious or technologically harmful;
• interfere with, damage, disrupt or place an unreasonable load on any part of the Website or its underlying infrastructure;
• attempt to probe, scan or test the vulnerability of the Website, or breach any security or authentication measure, without our prior written consent;
• use any robot, spider, scraper or other automated means to access, monitor or copy the Website or its Content without our prior written consent;
• reverse engineer, decompile or disassemble any part of the Website except to the extent that applicable law expressly permits it;
• resell, sublicense, frame, mirror or otherwise commercially exploit the Website or its Content without our prior written consent; or
• use the Website to send unsolicited commercial communications, or to harvest contact details for that purpose.

We may suspend or withdraw your access to the Website, without notice, if you breach these Terms or if we reasonably suspect that you have done so.

4. Services

The Website describes the Services we offer. That description is provided for general information and marketing purposes. It is an invitation to discuss a possible engagement; it is not an offer capable of acceptance, and it does not by itself create any contract between us.

4.1 How an engagement is formed

An engagement begins only when both parties sign an Agreement setting out the agreed scope, deliverables, timeline, acceptance criteria, commercial terms and any other project-specific provisions.

4.2 Precedence

If there is any conflict or inconsistency between these Terms and a signed Agreement, the signed Agreement prevails in relation to that engagement. These Terms continue to apply to your general use of the Website.

4.3 Estimates and indicative figures

Any timeline, cost range, effort estimate, performance figure or outcome mentioned on the Website is indicative only. It is based on typical projects and does not constitute a quotation, a fixed price or a guarantee of any particular result. Firm pricing and timelines are given only in a written proposal for a defined scope.

4.4 Changes to the Services

We may add to, change or discontinue any Service described on the Website at any time. Where a Service is already the subject of a signed Agreement, changes are handled through the change-control process set out in that Agreement.

5. User Responsibilities

When you use the Website or communicate with us, you agree that:

• any information you provide to us is accurate, current and complete, and you will tell us promptly if it changes;
• you have the right to share any information, materials or data you send us, and doing so does not breach anyone else’s rights or any obligation of confidence;
• you will not send us personal data about other people unless you have a lawful basis to do so;
• you will keep confidential any non-public information we share with you, including proposals, pricing and technical material, and use it only to evaluate a possible engagement;
• you are responsible for the security of any device, network or credentials you use to access the Website; and
• you will comply with all applicable export control, sanctions and anti-bribery laws in connection with your use of the Website and the Services.

You are responsible for making your own arrangements to access the Website, and for ensuring that everyone who accesses it through your internet connection is aware of these Terms and complies with them.

6. Intellectual Property

6.1 Our rights

We, or our licensors, own all intellectual property rights in the Website and its Content, including the design, layout, structure, text, graphics, logos, icons, images, software and source code. Those rights are protected by copyright, trade mark and other laws.

Nothing in these Terms transfers any intellectual property right to you. All rights not expressly granted are reserved.

6.2 Trade marks

“AppAgentix”, our logo and any associated marks are our property. You may not use them without our prior written permission. Third-party names, logos, certifications and partner badges shown on the Website remain the property of their respective owners and are used to identify those organisations only.

6.3 Deliverables

Ownership of and licence terms for Deliverables produced under an engagement are governed exclusively by the relevant Agreement. As a general position, ownership of bespoke Deliverables typically transfers to the Client on full payment, while we retain ownership of any pre-existing tools, libraries, frameworks and know-how we bring to the project and grant the Client a licence to use them as embedded in the Deliverables. [BUSINESS TO CONFIRM: confirm that this reflects the IP position in your standard MSA, and amend if your default differs.]

6.4 Feedback

If you send us ideas, suggestions or feedback about the Website or our Services, you agree that we may use them freely, without restriction, attribution or compensation. Please do not send us confidential information through the Website unless we have agreed in writing to receive it.

7. Website Content

The Content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely, and it does not take account of your specific circumstances.

• We make reasonable efforts to keep the Content accurate and up to date, but we do not warrant that it is complete, current or free from error.
• Case studies, portfolio entries, client results and testimonials describe specific past projects. They are illustrative and do not guarantee that any other project will achieve a similar outcome.
• Award listings, certifications and partnership badges reflect our status at the time of publication and may change.
• Statistics, benchmarks and market figures are drawn from the sources cited where indicated, and we are not responsible for the accuracy of third-party data.
• You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of Content on the Website.

We may update, correct or remove Content at any time without notice.

8. Third-Party Services and Links

8.1 Links to other sites

The Website contains links to third-party websites, including our own pages on other domains, partner and client websites, and social media profiles. Those links are provided for your convenience and information only.

We do not control third-party websites and we do not endorse, approve or accept responsibility for their content, products, services, privacy practices or availability. Following an external link is at your own risk, and the terms and privacy policy of that website will apply.

8.2 Third-party components in the Website

The Website relies on third-party services to function and to be presented correctly. At present this includes web fonts served by Google Fonts. Your browser requests those font files directly from Google’s servers, which means your IP address is transmitted to Google when a page loads. Our Privacy Policy and Cookie Policy explain this in more detail.

8.3 Third-party components in Deliverables

Deliverables may incorporate open-source or commercially licensed third-party components. Where they do, the licence terms of those components apply to them, and we will identify the material components in the relevant Agreement or accompanying documentation.

8.4 Linking to us

You may link to our home page provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement that does not exist. You must not frame the Website on any other site. We may withdraw linking permission at any time.

9. Payments and Fees

The Website does not sell anything and does not process payments. There is no checkout, payment form or payment gateway on this Website, and we do not collect card or bank details through it.

All fees for Services are agreed in writing in the relevant Agreement, and invoicing and payment are handled outside the Website. Unless the Agreement says otherwise:

• fees are exclusive of value added tax, sales tax, withholding tax and any similar charges, which are payable by the Client where applicable;
• invoices are payable within the period stated on the invoice;
• we may suspend work on overdue accounts after giving written notice; and
• the Client is responsible for any bank charges, currency conversion costs and third-party platform, licence or hosting fees incurred on its behalf.

10. Service Availability

We aim to keep the Website available and working correctly, but we do not guarantee uninterrupted, timely, secure or error-free access.

• The Website is provided on an “as available” basis and may be unavailable during maintenance, updates or circumstances outside our control.
• We may suspend, withdraw, discontinue or change all or any part of the Website without notice, and we will not be liable to you if it is unavailable for any period.
• We do not guarantee that the Website, or any Content on it, will be free from bugs, errors or viruses, and you are responsible for configuring your own device and using your own virus protection software.

Availability commitments, service levels and support response times for Services delivered under an engagement, if any, are set out in the relevant Agreement, not on this page.

11. Disclaimer

To the fullest extent permitted by law, the Website and its Content are provided “as is” and “as available”, without warranties, conditions or representations of any kind, whether express, implied or statutory.

In particular, and without limiting the above, we exclude all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy and non-infringement in relation to the Website.

We do not warrant or represent that:

• the Website or its Content will meet your requirements or expectations;
• the Content is accurate, complete, reliable or current;
• defects in the Website will be corrected; or
• the Website or the servers that make it available are free of viruses or other harmful components.

Nothing in these Terms excludes or limits any warranty, condition or liability that cannot lawfully be excluded or limited. Where an Agreement is in place, the warranties we give in respect of Services and Deliverables are those set out in that Agreement, and they replace this section for those Services.

12. Limitation of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Subject to that, and to the fullest extent permitted by law:

• we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with your use of, or inability to use, the Website, or your reliance on any Content on it;
• we will not be liable for any indirect, special, incidental, punitive or consequential loss, or for any loss of profit, revenue, business, contracts, anticipated savings, goodwill, reputation, data or data use, however arising, even if foreseeable; and
• our total aggregate liability arising out of or in connection with your use of the Website is limited to [BUSINESS TO CONFIRM: cap for Website-related liability, for example USD 100].

Our liability in relation to Services delivered under an engagement is governed exclusively by the liability provisions of the relevant Agreement, which typically include a separate, negotiated cap. This section does not vary those provisions.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of loss. Where that is the case, some of the exclusions and limitations above may not apply to you, and our liability will be limited to the maximum extent permitted by the law of that jurisdiction.

13. Indemnification

You agree to indemnify, defend and hold harmless AppAgentix, its officers, directors, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with:

• your use of the Website in breach of these Terms;
• your violation of any applicable law or regulation;
• your infringement of the intellectual property, privacy or other rights of any third party; or
• any information, material or data you submit to us, including any claim that it infringes a third party’s rights or was provided without a lawful basis.

We will notify you promptly of any claim to which this section applies and will not settle it without your consent, which must not be unreasonably withheld.

14. Privacy

We process personal information in accordance with our Privacy Policy, which forms part of these Terms and explains what we collect, why we collect it, who we share it with and what rights you have.

Our Cookie Policy explains the cookies this Website sets and how you can control them.

By using the Website you acknowledge that you have read the Privacy Policy. Where we act as a processor of a Client’s personal data in the course of delivering Services, that processing is governed by the data processing terms in the relevant Agreement.

15. Changes to These Terms

We may revise these Terms at any time by updating this page. The version published here is the version that applies to your use of the Website, so please check it from time to time.

The “Last updated” date at the top of this page shows when the Terms were last revised. If we make a material change, we will take reasonable steps to make it prominent, which may include a notice on the Website.

Continuing to use the Website after a change takes effect means you accept the revised Terms. Changes to these Terms do not alter any signed Agreement, which can only be varied in the manner it specifies.

16. Governing Law

These Terms, their subject matter and their formation, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of [BUSINESS TO CONFIRM: governing jurisdiction. Our listed business address is in Noida, Uttar Pradesh, India, which would ordinarily point to the laws of India, but this must be confirmed against your registered entity and standard contract. If you also operate a US entity, confirm which entity contracts with clients in which region.], without regard to its conflict of law rules.

The courts of [BUSINESS TO CONFIRM: agreed venue for disputes, for example the courts at Gautam Buddh Nagar, Uttar Pradesh] have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms.

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of it.

Dispute resolution for Services delivered under an engagement, including any arbitration or escalation process, is governed by the relevant Agreement.

17. Contact Information

If you have questions about these Terms, or you would like to raise a concern about the Website, please contact us using the details below. Please mark legal enquiries for the attention of the legal team.