Terms of Service

1. Definitions

"We", "Us", "Our" refers to KlivIQ Technologies. "You", "Client", "User" refers to any person or entity accessing the website or availing our services. "Services" refers to the software development, design, consulting, and related offerings provided by us.

2. Eligibility

You must be at least 18 years of age and competent to enter into a legally binding contract under the Indian Contract Act, 1872 to use our services.

3. Scope of Services

Engagements are governed by a written proposal, statement of work, or quotation that defines deliverables, timelines, fees, and acceptance criteria. These Terms apply alongside such engagement documents; in case of conflict, the engagement document shall prevail for that specific project.

4. Fees and Payment

• All fees are quoted exclusive of applicable taxes including GST, which will be charged additionally.
• Invoices are payable within the timeframe stated on the invoice, failing which interest may accrue.
• Advance or milestone payments, where applicable, are non-refundable once work has commenced.
• Third-party costs such as hosting, licenses, and APIs are billed at cost or as agreed in writing.

5. Client Responsibilities

You agree to provide accurate information, timely feedback, required assets, and access to systems necessary for delivery. Delays caused by the Client may shift timelines and additional charges may apply for resulting scope changes.

6. Intellectual Property

Upon receipt of full payment, ownership of custom deliverables created specifically for the Client transfers to the Client, except for our pre-existing tools, frameworks, libraries, and methodologies, which remain our property. Open-source and third-party components remain subject to their respective licenses. We retain the right to showcase the work in our portfolio unless otherwise agreed in writing.

7. Confidentiality

Both parties agree to keep confidential information shared during the engagement secure and not to disclose it to third parties without prior written consent, except as required by law.

8. Warranties and Disclaimers

We provide services with reasonable skill and care. To the maximum extent permitted by law, the website and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the services shall not exceed the fees actually paid by the Client for the specific engagement giving rise to the claim, in the three months preceding such claim. We shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profit, revenue, data, or goodwill.

10. Indemnity

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your breach of these Terms, misuse of the services, or violation of any law or third-party rights.

11. Termination

Either party may terminate an engagement by written notice as provided in the engagement document. Upon termination, the Client shall pay for all services rendered and expenses incurred up to the effective date of termination.

12. Force Majeure

Neither party shall be liable for delays or failures in performance caused by events beyond reasonable control, including natural calamities, acts of government, internet outages, pandemics, or civil unrest.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Bengaluru, Karnataka. Parties shall first attempt to resolve disputes amicably; failing which, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator appointed mutually.

14. Modifications

We reserve the right to modify these Terms at any time. Continued use of the website or services after such changes constitutes your acceptance of the revised Terms.

15. Contact

For any queries about these Terms, please contact us at hello@kliviq.com.