Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") govern your use of the FinixSoft website (finixsofts.com) and any software development, design, marketing, or consulting services ("Services") provided by FinixSoft ("we", "us", "our"). By browsing the Site, submitting an enquiry, or signing a proposal with us, you ("you", "client") agree to these Terms. Where a signed proposal or Statement of Work ("SOW") conflicts with these Terms on a project-specific matter, the SOW controls for that engagement.

2. Scope of services

We offer software development, web and mobile app development, digital marketing, AI/ML solutions, software testing & QA, cloud & DevOps, IT consulting and managed IT services, and cybersecurity services, as described on the Site. Browsing the Site and submitting an enquiry does not, by itself, create an obligation on either side to proceed with a project. A specific engagement begins only once we've agreed a scope, price, and timeline in writing — typically a proposal, quote, or SOW that you accept.

3. Engagement process

A typical engagement runs: initial consultation and requirements discussion, a written proposal or SOW covering scope, deliverables, timeline, and price, your written acceptance (email or signature), and then work begins. Changes to scope after work has started are handled through a change request, which may adjust price and timeline — we'll always confirm this with you before proceeding with out-of-scope work.

4. Fees & payment terms

• Fees are quoted in the proposal or SOW and may be fixed-price, milestone-based, or time-and-materials, depending on the project.
• Most engagements require an upfront deposit before work begins, with the remaining balance billed at agreed milestones or monthly intervals.
• Invoices are due within the period stated on the invoice (typically 15 days) unless otherwise agreed in writing. Overdue balances may accrue late fees or pause active work until settled.
• Where we accept online payments through a third-party payment processor, that transaction is also subject to our Refund & Cancellation Policy.
• Unless stated otherwise, quoted fees exclude applicable taxes (such as GST), which will be added where required by law.

5. Intellectual property

Upon full and final payment for a project, you own the custom deliverables created specifically for you under that engagement — for example, the final source code, designs, and content we build for your project. Until full payment is received, all deliverables remain our property.

We retain ownership of our pre-existing tools, libraries, frameworks, internal processes, and general know-how used to deliver the work, and we grant you a perpetual, royalty-free license to use any such pre-existing materials that are embedded in your final deliverables, solely as part of those deliverables. We may reference completed projects (name, industry, and summary results) in our portfolio and case studies unless you've asked us in writing to keep the engagement confidential.

6. Your responsibilities

• Provide timely feedback, approvals, and access to systems, accounts, or content we reasonably need to deliver the work.
• Ensure that any content, data, or materials you provide us don't infringe a third party's rights.
• Designate a point of contact authorized to approve scope, timelines, and payments on your behalf.

Delays in feedback or access on your side may extend the project timeline accordingly.

7. Confidentiality

Each party agrees to keep the other's confidential business, technical, and financial information private, and to use it only for the purposes of the engagement. This obligation survives the end of the engagement. Where a project requires it, we're happy to sign a separate mutual non-disclosure agreement (NDA) before detailed discussions begin.

8. Warranties & disclaimers

We'll perform the Services with reasonable skill and care, consistent with good industry practice. Except as expressly stated in a signed SOW, the Site and Services are provided "as is" without warranties of any kind, express or implied, including implied warranties of merchantability or fitness for a particular purpose. We don't warrant that software will be completely free of defects, or that third-party platforms, APIs, or infrastructure we integrate with (which are outside our control) will be uninterrupted or error-free.

9. Limitation of liability

To the maximum extent permitted by law, FinixSoft's total liability arising out of or relating to an engagement — whether in contract, tort, or otherwise — is capped at the total fees you paid us for that specific engagement in the twelve months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages, including lost profits or lost data, even if we've been advised of the possibility of such damages. Nothing in these Terms limits liability that cannot be limited under applicable law.

10. Indemnification

You agree to indemnify and hold FinixSoft harmless from claims, damages, and reasonable legal costs arising from your breach of these Terms, misuse of the Services, or content or data you provided that infringes a third party's rights. We agree to indemnify you against third-party claims that our original deliverables, as delivered and used as intended, infringe a third party's intellectual property rights, subject to the liability cap in Section 9.

11. Termination

Either party may terminate an active engagement as set out in the applicable SOW, or with 30 days' written notice where the SOW is silent on termination. You remain responsible for fees for work completed up to the termination date. See our Refund & Cancellation Policy for how refunds are handled when a project ends early. We may suspend or terminate access to the Site or Services immediately if you materially breach these Terms.

12. Governing law & disputes

These Terms are governed by the laws of India. Any dispute arising out of or relating to these Terms or an engagement will first be addressed through good-faith negotiation between the parties; if unresolved, it will be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India, unless a signed SOW specifies a different dispute-resolution mechanism (such as arbitration).

13. Changes to these terms

We may update these Terms from time to time to reflect changes in our services or for legal reasons. We'll update the "Last updated" date above; changes apply to new engagements from that date, and material changes affecting an active engagement will be discussed with you directly rather than applied unilaterally.

14. Contact us

Questions about these Terms or an active engagement — reach out any time.