1. Acceptance of Terms

By accessing or using the website www.devivers.com operated by Devivers Digital Solutions Private Limited ("Company," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Website or services. These Terms apply to all visitors, users, and clients who access or use our Website or engage our services.

2. Services

2.1 Description of Services

Devivers Digital Solutions Private Limited provides technology services including but not limited to:

• Custom software and web application development

• Mobile application development (iOS and Android)

• UI/UX design and digital product design

• Technology consulting and strategy

• Digital platform architecture and development

• Ongoing maintenance and support services

2.2 Service Agreements

All services are governed by a separate Service Agreement, Statement of Work (SOW), or Project Contract entered into between the Company and the client. In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail.

2.3 Service Availability

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

3. Intellectual Property

3.1 Our Intellectual Property

All content on our Website, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is the property of Devivers Digital Solutions Private Limited and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

3.2 Client Intellectual Property

Upon full payment of all applicable fees as outlined in the relevant Service Agreement, intellectual property rights to the deliverables created specifically for you will be assigned to you. The Company retains the right to use general methodologies, tools, frameworks, and know-how developed during the engagement.

3.3 Third-Party Components

Certain deliverables may incorporate open-source software or third-party components. Such components are governed by their respective licences, which will be disclosed to the client as part of project documentation.

4. User Obligations

By using our Website and services, you agree to:

• Provide accurate, complete, and up-to-date information when requested

• Use our Website and services only for lawful purposes

• Not engage in any activity that disrupts or interferes with our Website or services

• Not attempt to gain unauthorised access to any part of our systems

• Not use our Website to transmit any harmful, offensive, or illegal content

• Comply with all applicable laws and regulations in your jurisdiction

• Maintain the confidentiality of any login credentials provided to you

5. Payments and Fees

All fees for services are as specified in the applicable Service Agreement or proposal. Unless otherwise agreed in writing:

• Invoices are payable within the timeframe specified in the Service Agreement

• All prices are exclusive of applicable taxes (including GST) unless otherwise stated

• Late payments may attract interest at the rate of 1.5% per month or the maximum rate permitted by law

• The Company reserves the right to suspend services in the event of non-payment

• All fees paid are non-refundable unless otherwise expressly stated in the Service Agreement

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement. The Company will not disclose your confidential business information to third parties without your prior written consent, except as required by law. This obligation survives the termination of any service engagement.

7. Disclaimers and Warranties

7.1 Website Disclaimer

Our Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.

7.2 Service Warranty

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. Any specific warranties applicable to a project will be set out in the relevant Service Agreement.

7.3 No Guarantee of Results

While we strive to deliver high-quality technology solutions, we cannot guarantee specific business outcomes, revenue, or performance results from the use of our deliverables.

8. Limitation of Liability

To the fullest extent permitted by applicable law:

• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Website or services

• Our total liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total fees paid by you in the three (3) months preceding the claim

• We are not liable for any losses arising from third-party service failures, force majeure events, or circumstances beyond our reasonable control

Nothing in these Terms limits liability for fraud, gross negligence, or any other liability that cannot be excluded by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Devivers Digital Solutions Private Limited, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of our Website or services in violation of these Terms

• Any content or materials you provide to us

• Your violation of any applicable law or third-party rights

10. Termination

Either party may terminate a service engagement in accordance with the terms of the applicable Service Agreement. We reserve the right to terminate or suspend access to our Website and services immediately, without prior notice, if you are found to be in breach of these Terms. Upon termination, provisions that by their nature should survive (including intellectual property, confidentiality, and limitation of liability) shall remain in effect.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in India.

11.2 Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within 30 days of written notice, it may be referred to mediation or arbitration as mutually agreed by the parties.

12. Privacy

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at www.devivers.com/privacy-policy to understand our practices.

13. Changes to These Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. Changes will be effective upon posting to the Website with an updated effective date. Your continued use of our Website or services following any changes constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and the Company regarding your use of our Website and services, and supersede all prior and contemporaneous agreements, representations, and understandings.

16. Contact Us

If you have any questions, concerns, or requests regarding this Terms & Conditions, please contact us:

Devivers Digital Solutions Private Limited

Email: legal@devivers.com

Website: www.devivers.com

India, Maharashtra