1. Agreement to Terms
By accessing or using the website and services of CyBlore IT Solutions Private Limited ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
2. Description of Services
CyBlore IT Solutions Private Limited provides:
- Web application development
- Mobile application development
- Custom software development
- IT consulting services
- Temple billing and management solutions
- Other technology solutions as may be offered from time to time
3. User Eligibility
You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
4. Account Registration
4.1 Account Creation
To access certain features of our services, you may need to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately of any unauthorized use of your account.
5. User Obligations
You agree to:
- Use our services only for lawful purposes
- Not engage in any activity that interferes with or disrupts our services
- Not attempt to gain unauthorized access to our systems or networks
- Not transmit any malicious code, viruses, or harmful components
- Not violate any applicable laws, regulations, or third-party rights
- Not use our services to harm, threaten, or harass others
6. Intellectual Property Rights
6.1 Our Intellectual Property
All content, features, and functionality on our website and in our services, including but not limited to text, graphics, logos, software, and source code, are owned by CyBlore IT Solutions Private Limited and are protected by copyright, trademark, and other intellectual property laws.
6.2 Client Intellectual Property
Upon full payment for custom development services, you will own the final deliverables as specified in your service agreement. However, we retain the right to use general knowledge, skills, and experience gained during the project.
6.3 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes, subject to these Terms.
7. Service Terms and Payment
7.1 Service Agreements
Specific terms for individual projects will be outlined in separate service agreements or proposals, which shall be incorporated into these Terms.
7.2 Fees and Payment
- Fees for services will be specified in your service agreement
- Payment terms will be outlined in your invoice or agreement
- Late payments may incur additional charges
- All fees are exclusive of applicable taxes unless otherwise stated
7.3 Refund Policy
Refunds, if applicable, will be handled on a case-by-case basis as outlined in your specific service agreement.
8. Project Timelines and Deliverables
8.1 Timelines
Project timelines are estimates and may be subject to change based on project scope, client feedback, and unforeseen circumstances.
8.2 Client Cooperation
Timely project completion requires your cooperation, including providing necessary information, feedback, and approvals within agreed timeframes.
8.3 Delays
We are not liable for delays caused by circumstances beyond our reasonable control or due to lack of client cooperation.
9. Warranties and Disclaimers
9.1 Service Warranty
We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.
9.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
10.1 Indirect Damages
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
10.2 Liability Cap
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
10.3 Exceptions
Some jurisdictions do not allow limitations on implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless CyBlore IT Solutions, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from your use of our services, your violation of these Terms, your violation of third-party rights, or content you submit.
12. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship.
13. Termination
13.1 By You
You may terminate your account at any time by providing written notice to us.
13.2 By Us
We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for violation of these Terms, fraudulent/illegal activities, non-payment, or any reason at our sole discretion.
13.3 Effect of Termination
Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination shall survive, including warranties, limitations of liability, and dispute resolution.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.
15. Modifications to Services
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
16. Dispute Resolution
16.1 Informal Resolution
In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiations.
16.2 Arbitration
If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, in Bangalore, Karnataka, India.
16.3 Exception
Either party may seek injunctive relief in court to protect intellectual property rights.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of India, without regard to conflict of law principles. Any legal action arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and CyBlore IT Solutions Private Limited regarding the use of our services.
20. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
21. Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
22. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
23. Contact Information
For questions about these Terms of Service, please contact us:
CyBlore IT Solutions Pvt Ltd
Email: saju.sudhakaran@cyblore.com
Phone: +91 99725 66070
Address: #803, Indigo block, HM World City, JP Nagar 8th Phase, Bangalore, Karnataka - 560108, India
24. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.