Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the services, software, and websites (collectively, the "Services") provided by YugantarX ("we," "our," or "us").

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Services Description

YugantarX provides technology services that include, but are not limited to, software development, cloud engineering, data engineering, AI and machine learning solutions, DevOps, cybersecurity, and digital transformation consulting.

2.1 Service Level Agreements

Specific service level agreements (SLAs) will be defined in separate agreements or statements of work between you and YugantarX . These SLAs may include performance metrics, response times, and other service-specific terms.

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

2.3 Third-Party Services

Our Services may integrate with or enable access to third-party services, applications, or websites. These Terms do not apply to third-party services, and we are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is subject to the terms and conditions of those services.

3. User Accounts

Some of our Services may require you to create an account. When you create an account, you must provide accurate and complete information and keep your account information updated.

3.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.2 Account Access

We reserve the right to disable or terminate your account if we believe that you have violated these Terms or if your account has been compromised. We may also temporarily or permanently restrict your access to our Services for security, maintenance, or other operational reasons.

4. Payment Terms

Certain Services may require payment. Payment terms, including pricing, billing cycles, and payment methods, will be specified in the applicable service agreement, statement of work, or subscription plan.

4.1 Subscription Model

For subscription-based services, you agree to pay the subscription fees according to the pricing plan you select. Subscription fees may be charged on a monthly, quarterly, or annual basis, as specified in your subscription plan.

4.2 Project-Based Pricing

For project-based services, payment terms, including project milestones, deliverables, and payment schedules, will be defined in the applicable statement of work or service agreement.

4.3 Payment Processing

We may use third-party payment processors to facilitate payment for our Services. By providing your payment information, you authorize us to charge your payment method for the fees associated with your use of the Services.

4.4 Taxes

All fees are exclusive of applicable taxes, unless otherwise stated. You are responsible for paying all taxes associated with your use of the Services, excluding taxes based on our net income.

4.5 Refunds

Our refund policy will be specified in the applicable service agreement or subscription plan. Unless otherwise stated, all payments are non-refundable.

5. Intellectual Property

YugantarX and its licensors own all right, title, and interest in and to our Services, including all intellectual property rights therein. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

5.1 Client Materials

You retain ownership of any content, data, or materials you provide to us in connection with our Services ("Client Materials"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the Client Materials as necessary to provide the Services to you.

5.2 Deliverables

Unless otherwise specified in a separate agreement, upon full payment for the Services, we grant you a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, and modify the deliverables resulting from our Services for your internal business purposes.

5.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding our Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, reproduce, modify, create derivative works from, distribute, and display such feedback for any purpose.

6. Confidentiality

During the provision of our Services, we may exchange confidential information. Each party agrees to maintain the confidentiality of the other party's confidential information and to use it only for purposes of performing under these Terms or any separate agreement between the parties.

Confidential information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was in the receiving party's possession before receipt from the disclosing party
• Is rightfully received from a third party without a duty of confidentiality
• Is independently developed by the receiving party without use of the disclosing party's confidential information

Each party agrees to protect the other party's confidential information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will YugantarX be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

Our aggregate liability for all claims relating to the Services will not exceed the greater of ₹100,000 or the amount paid by you to YugantarX for the Services in the 12 months preceding the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless YugantarX , its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your Client Materials caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

9. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

9.1 Termination by You

You may terminate your subscription or service agreement by following the termination procedures specified in your service agreement or by contacting us. If you terminate a subscription, you will continue to have access to the Services until the end of your current billing period, unless otherwise specified in your subscription plan.

9.2 Effect of Termination

Upon termination, your right to use the Services will immediately cease. The following provisions will survive termination: Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and any other provisions that by their nature should survive termination.

9.3 Data Retention and Deletion

After termination, we may retain your data for a commercially reasonable time for backup, archival, or audit purposes. We may also retain anonymized or aggregated data indefinitely. Upon request, we will delete or return your data in accordance with our data retention policy and applicable laws.

10. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website, sending you an email, or by other reasonable means. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

If you do not agree to the new Terms, you must stop using the Services. We encourage you to review the Terms periodically for any changes.

11. General Provisions

11.1 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. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Bangalore, India, and you consent to personal jurisdiction and venue in those courts.

11.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties shall first attempt to resolve the dispute informally. If the dispute cannot be resolved informally, the parties agree to resolve the dispute through binding arbitration in Bangalore, India, in accordance with the Arbitration and Conciliation Act, 1996.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

11.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of YugantarX .

11.5 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

11.6 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and YugantarX regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

11.7 Force Majeure

We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquakes, storms, or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

12. Contact Us

If you have any questions about these Terms of Service, please contact us at: