Terms of Service

1. Acceptance of Terms

By accessing or using the website, services, or products provided by NexGenAiTech ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and NexGenAiTech. If you do not agree with any part of these Terms, you must discontinue use of our website and services immediately. We recommend that you review these Terms periodically, as your continued use of our services following any modifications constitutes your acceptance of the revised Terms.

2. Services Description

NexGenAiTech provides a range of technology services including but not limited to artificial intelligence and machine learning development, full-stack web development, mobile application development, SaaS product development, UI/UX design, custom software development, and technical consulting. The specific scope, deliverables, timelines, and fees for each engagement will be outlined in a separate Statement of Work (SOW) or project proposal agreed upon by both parties. We reserve the right to modify, suspend, or discontinue any service or feature at any time with reasonable notice to affected clients.

3. Client Obligations

As a client, you agree to provide accurate and complete information necessary for the successful completion of your project. This includes timely feedback on deliverables, access to relevant systems, assets, documentation, and stakeholder availability for discovery meetings and approval sessions. You are responsible for ensuring that all materials, content, and data you provide to us do not infringe upon the intellectual property rights of any third party. You agree not to use our services for any unlawful purpose and to comply with all applicable laws, regulations, and industry standards relevant to your project and business.

4. Payment Terms

Payment terms for each engagement will be specified in the applicable Statement of Work or project proposal. Unless otherwise agreed in writing, our standard payment structure requires an initial deposit before work commences, followed by milestone-based payments aligned with project deliverables. All invoices are due within the timeframe specified on the invoice, and late payments may incur a monthly interest charge of 1.5% on the outstanding balance. We reserve the right to pause or suspend work on any project where payments are overdue by more than 14 days beyond the due date. All fees are quoted in the currency specified in the SOW and are exclusive of applicable taxes unless stated otherwise.

5. Intellectual Property

Upon full and final payment, all intellectual property rights in the custom deliverables created specifically for your project will be transferred to you, unless otherwise specified in the SOW. This transfer does not include our pre-existing proprietary tools, frameworks, libraries, or methodologies, which remain the exclusive property of NexGenAiTech. We retain the right to use general knowledge, skills, experience, and techniques acquired during the course of the engagement for future projects. You grant us a non-exclusive, royalty-free license to use, reproduce, and display your trademarks, logos, and brand materials solely for the purpose of performing the services and showcasing the completed project in our portfolio, unless you request otherwise in writing.

6. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during the course of the engagement. Confidential information includes, but is not limited to, business plans, technical specifications, source code, algorithms, trade secrets, financial data, client lists, and any information expressly designated as confidential. Neither party shall disclose, publish, or disseminate confidential information to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform the obligations under the applicable SOW. These confidentiality obligations shall survive the termination or expiration of these Terms for a period of two (2) years.

7. Limitation of Liability

To the maximum extent permitted by applicable law, NexGenAiTech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with these Terms or our services, regardless of the theory of liability. Our total aggregate liability for any and all claims arising under these Terms shall not exceed the total amount paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

8. Warranty Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or completely secure, or that any defects or errors will be corrected. While we strive to deliver high-quality work that meets the specifications outlined in the applicable SOW, we do not guarantee that the final deliverables will achieve any specific business results, revenue targets, or performance metrics beyond what is expressly agreed upon in writing.

9. Termination

Either party may terminate the services for convenience by providing thirty (30) days' written notice to the other party. In the event of termination for convenience by the Client, the Client shall pay for all work completed up to the date of termination, as well as any non-cancellable expenses incurred on behalf of the project. Either party may terminate immediately upon written notice if the other party materially breaches these Terms or the applicable SOW and fails to cure such breach within fifteen (15) days of receiving notice of the breach. Upon termination, we will deliver all completed and in-progress work, source code, and documentation to you, subject to full payment of all outstanding invoices. Provisions that by their nature should survive termination shall remain in effect.

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts located in India. Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least thirty (30) days. If negotiation fails, the dispute may be submitted to binding arbitration in accordance with the applicable arbitration rules, with the arbitration proceedings conducted in English.

11. Changes to Terms

NexGenAiTech reserves the right to modify, amend, or update these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last updated" date at the top of this page and provide notice through our website or via email to registered users. Your continued use of our website and services following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree with the modified Terms, you must cease all use of our services and contact us to arrange for the orderly termination of any ongoing engagement.

12. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to report a violation of these Terms, please contact us through our Contact page, by email, or via the chat feature on our website. Our team will review your inquiry and respond within a reasonable timeframe. We value open communication and are committed to resolving any issues or disputes amicably and efficiently.