1.1 Introduction

We are a service-based technology company located in Chennai, India, dedicated to providing a comprehensive range of software solutions designed to meet the evolving digital needs of modern businesses. Our core mission is to empower enterprises by delivering robust, scalable, and highly efficient software services that are instrumental in driving innovation and fostering sustainable growth. These Terms of Service (the "Terms") are a legally binding agreement that governs your access to and use of our website and all services we offer. By accessing our site or engaging with any of our services, you explicitly agree to be bound by these Terms. If you find that you do not agree with any part of these Terms, we kindly request that you refrain from using our services. Thank you for visiting www.kibibit.in.

1.2 Agreement to Terms

By actively using our services or accessing our website, you are formally agreeing to abide by all the provisions outlined in these Terms. If you are engaging with our services on behalf of an organization or legal entity, you are confirming that you possess the necessary authority to bind that organization to these Terms. This implies that your agreement extends to and is legally binding upon the entity you represent.

2.1 Compliance

You explicitly agree to strictly comply with all applicable laws, governmental regulations, and the recognized rights of third parties throughout your entire use of Kibibit's services. This commitment ensures responsible and legal engagement with our platform. You are prohibited from using our services for any unlawful, fraudulent, or abusive purposes, and you specifically agree not to infringe upon the intellectual property rights or any other rights of others, ensuring respect for all third-party entitlements.

2.2 End User Data

If, through your utilization of Kibibit's services, you engage in the collection, processing, or storage of any data from your end-users, you bear the sole and ultimate responsibility for ensuring complete compliance with all applicable data privacy regulations. This includes, but is not limited to, adhering to the stringent requirements of the Indian Information Technology Act and, where relevant based on the location of your users or data processing activities, the comprehensive General Data Protection Regulation (GDPR). Your adherence to these regulations is paramount to protecting user privacy and avoiding legal repercussions.

2.3 Content Responsibility

You are entirely and solely responsible for assessing and ensuring the legality, reliability, accuracy, and appropriateness of all content, data, and information that you transmit through or choose to host using Kibibit's services. This responsibility extends to ensuring that your content does not violate any laws, infringe on any third-party rights, or contain any material that is harmful, offensive, or inappropriate, maintaining the integrity and legal standing of your hosted information.

3.1 Scope of Services

Kibibit proudly offers a comprehensive suite of advanced technology solutions, which prominently include expert software development services tailored to specific client needs, cutting-edge AI/ML solutions designed to drive innovation, robust cloud and DevOps services for optimized infrastructure, full-lifecycle product development support, specialized Internet of Things (IoT) solutions, and highly insightful technology consulting services. A more detailed and exhaustive description of these services, including specific functionalities and engagement models, is readily available and comprehensively outlined on our official website, www.kibibit.in, ensuring full transparency regarding our offerings.

3.2 Modifications

We expressly reserve the unilateral right to modify, update, suspend, or entirely discontinue any aspect or part of the services we offer at our sole discretion. Such changes may occur with or without prior notice to you, depending on the nature and urgency of the modification. While we strive to minimize disruption, you acknowledge that such modifications are an inherent part of service evolution and may impact your use of our offerings.

3.3 Support

Kibibit is dedicated to providing comprehensive service support to our valued clients during standard business hours. Our primary channel for support inquiries and assistance is via email. It is important to note that the specific levels of support, including response times, dedicated resources, and available services, may vary significantly based on the details outlined and agreed upon in your individual service agreements or contracts, ensuring tailored assistance for each client.

4.1 Pricing

The agreed-upon pricing for services will always be formally documented and explicitly agreed upon in writing between Kibibit and the client prior to the commencement of any work, ensuring mutual understanding and clarity regarding financial commitments. All services are subject to written agreements specifying deliverables, timelines, and acceptance criteria. Kibibit's obligations are limited to those explicitly outlined in signed agreements.

4.2 Invoices and Payment

Upon the provision of services, invoices will be issued to you detailing the services rendered and the corresponding charges. All payments for services rendered are strictly due within the specific timeline explicitly stated on your invoice, ensuring clarity and adherence to financial commitments. Please be advised that any payments received beyond the stipulated due date may, at Kibibit's sole discretion, incur additional charges, including but not limited to late payment fees or interest, as outlined in your service agreement or applicable laws. Kibibit reserves the right to suspend services for accounts with payments overdue by more than 30 days and to engage collection agencies or legal counsel for significantly delinquent accounts.

4.3 Taxes

As a client engaging with Kibibit's services, you bear the sole responsibility for understanding and remitting all applicable taxes, levies, and duties as mandated by the prevailing Indian law. This includes, but is not limited to, Goods and Services Tax (GST) and any other relevant statutory taxes that may apply to the services rendered, ensuring full compliance with the national tax regulations.

5.1 Confidential Information

Both parties, Kibibit and the client, mutually agree to rigorously maintain the strict confidentiality of any and all non-public business, proprietary technical data, and sensitive financial information that may be disclosed or exchanged during the course of our engagement. This commitment extends to safeguarding all information clearly identified as confidential, ensuring that it is not disclosed to unauthorized third parties without explicit written consent.

5.2 Exclusions

The confidentiality obligations outlined herein do not extend to information that is already publicly known and accessible at the time of its disclosure, or information that subsequently becomes publicly known through no fault or breach of confidentiality by either party. Furthermore, these obligations do not apply to information that is legitimately received by a party from an independent third party who is not bound by a confidentiality agreement, or information that is demonstrably required by law or by a valid governmental or regulatory order to be disclosed, provided that prompt notice is given to the other party where legally permissible.

5.3 Adherence and Compliance

Both parties commit to implementing appropriate administrative, technical, and physical safeguards to protect confidential information in accordance with industry best practices and applicable legal requirements. Each party shall limit access to confidential information to employees, contractors, or agents who have a legitimate business need to know such information and who have been bound by confidentiality obligations at least as restrictive as those contained herein. Any suspected or actual breach of confidentiality must be reported immediately to the disclosing party, and the breaching party agrees to take all reasonable steps to mitigate any potential harm and prevent further unauthorized disclosure. Adherence to these confidentiality provisions shall survive termination of any service agreement for a period of five (5) years.

6.1 Ownership

Kibibit explicitly retains full and undisputed ownership of all intellectual property, including but not limited to, software code, algorithms, methodologies, frameworks, and any other proprietary developments that were created, conceived, or developed either prior to the commencement of a specific client agreement or entirely outside the explicit scope of such an agreement. This ensures that our foundational assets and pre-existing innovations remain our exclusive property.

6.2 Client Materials

Clients unequivocally retain all rights, title, and interest in and to any materials, data, content, intellectual property, or other information that they provide to Kibibit for the purpose of service delivery or project execution. Kibibit explicitly does not claim any ownership rights over such client-provided content, ensuring that your existing intellectual property remains solely yours throughout and after the engagement.

6.3 Work Product

Unless a separate, specific written agreement explicitly states otherwise, all intellectual property, including but not limited to software code, designs, documentation, and any other deliverables ("Work Product") created by Kibibit specifically for a client within the defined scope of a project, shall become the exclusive property of the client upon the client's full and complete payment for all services rendered in connection with that project. This transfer excludes Kibibit's pre-existing intellectual property, methodologies, and general knowledge gained during the engagement. This ensures a clear transfer of ownership once financial obligations are met while protecting Kibibit's foundational assets.

7.1 Compliance

Kibibit maintains a steadfast commitment to full compliance with all relevant and applicable Indian data protection regulations, ensuring that all data handling practices adhere to national legal standards. Furthermore, we implement and continuously maintain reasonable and commercially appropriate security measures, both technical and organizational, designed to safeguard client data against unauthorized access, disclosure, alteration, or destruction, thereby upholding the integrity and confidentiality of your information.

7.2 Data Usage

Client data collected and processed by Kibibit will be exclusively used for the specific purposes of delivering the agreed-upon services and for the continuous improvement of our service offerings. We explicitly commit that your data will not be shared, sold, rented, or otherwise distributed to any third parties without your explicit prior written consent, unless such disclosure is strictly required by law or a valid governmental order, ensuring your control and privacy over your information.

7.3 Data Breach Notification

In the event of any security breach involving personal data, Kibibit will notify affected clients within 72 hours of becoming aware of the breach, as required under applicable data protection laws. We will provide details of the breach, potential impact, and remedial measures being taken to address the situation and prevent future occurrences.

7.4 Data Localization

For clients requiring data to remain within Indian borders, Kibibit will ensure compliance with applicable data localization requirements under Indian law, including but not limited to the Digital Personal Data Protection Act, 2023, and any other relevant regulatory requirements that may apply to specific industries or data types.

8.1 Termination by Either Party

Either Kibibit or the client reserves the right to terminate any agreement or service engagement by providing written notice to the other party, particularly if the other party is found to be in material breach of any of the terms, conditions, or obligations outlined in these Terms or any related service agreement. Such termination will be effective immediately upon the delivery of the written notice, provided the breach is not remedied within a reasonable cure period, if applicable.

8.2 Effect of Termination

Upon the effective date of termination of any service agreement or account, all services provided by Kibibit to the client will immediately cease. Concurrently, any and all outstanding invoices for services rendered up to the date of termination will become immediately due and payable. Furthermore, both parties are obligated to promptly return or, where appropriate and agreed upon, securely destroy all confidential information belonging to the other party, ensuring that sensitive data is handled responsibly and securely post-termination.

8.3 Transition Assistance

Upon termination, Kibibit will provide reasonable transition assistance for up to 30 days, including knowledge transfer and handover of deliverables, subject to payment of all outstanding fees. This assistance aims to ensure continuity of operations and minimize disruption to the client's business activities during the transition period.

9.1 Indirect Damages

Kibibit shall not, under any circumstances, be held liable for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, but is not limited to, damages for loss of profits, loss of data, business interruption, or any other intangible losses, even if Kibibit has been advised of the possibility of such damages, ensuring that our liability remains confined to direct and foreseeable losses.

9.2 Cap on Liability

Kibibit's total aggregate liability under any agreement or these Terms for any and all claims, damages, or losses shall be strictly limited to the total amount paid by the client to Kibibit for the services rendered within the three (3) months immediately preceding the event giving rise to the liability. This cap ensures a predictable and reasonable limit on our financial exposure.

9.3 Software-Specific Limitations

Kibibit shall not be liable for any issues arising from third-party software, platforms, or services integrated into our solutions, or for any client modifications to delivered software after acceptance. Additionally, Kibibit is not responsible for compatibility issues with future software updates, operating system changes, or third-party service modifications that occur after project completion.

10.1 Your Responsibility

You agree to indemnify, defend, and hold harmless Kibibit, its affiliates, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your misuse of our services, your breach of this agreement, or your violation of any applicable law or the rights of a third party. This comprehensive indemnification ensures Kibibit is protected from liabilities stemming from your actions.

11.1 Jurisdiction

These Terms shall be exclusively governed by and meticulously interpreted in strict accordance with the laws of India, without regard to its conflict of law principles. Any disputes, controversies, or claims arising out of or relating to these Terms or the services provided by Kibibit shall be subject to the exclusive jurisdiction of the competent courts located in Chennai, Tamil Nadu, India, ensuring a clear legal venue for all proceedings.

11.2 Legal Adherence and Compliance

Both parties acknowledge and agree to strictly adhere to all applicable Indian laws, regulations, and legal requirements throughout the duration of their engagement. This includes, but is not limited to, compliance with the Indian Contract Act, 1872, the Information Technology Act, 2000, and any amendments thereto, as well as relevant taxation laws including the Goods and Services Tax Act, 2017. Each party represents and warrants that their performance under these Terms will not violate any applicable law, regulation, or court order. In the event of any changes to applicable laws that may affect the interpretation or enforcement of these Terms, both parties agree to cooperate in good faith to ensure continued compliance while preserving the original intent and commercial purpose of the agreement. Non-compliance with applicable laws by either party may constitute a material breach of these Terms, subject to the termination provisions outlined herein.

12.1 Mediation First

Before initiating any formal legal proceedings, including but not limited to litigation or arbitration, both parties explicitly agree to first attempt to resolve any disputes, controversies, or claims arising out of or relating to these Terms or the services through good faith discussions and, if necessary, structured mediation. This commitment encourages an amicable and cost-effective resolution prior to more adversarial processes.

12.2 Arbitration

Should mediation prove unsuccessful in resolving the dispute, any unresolved disputes, controversies, or claims shall then be finally and exclusively resolved by binding arbitration. The arbitration shall take place in Chennai, India, and will be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force, ensuring a legally recognized and efficient dispute resolution mechanism.

13.1 Events Outside Control

Kibibit shall not be held liable or responsible for any delays, interruptions, or failures in performance of its obligations under these Terms or any related service agreement to the extent that such delays or failures are caused by events or circumstances beyond its reasonable control. These "Force Majeure Events" may include, but are not limited to, natural disasters such as earthquakes, floods, or severe storms; acts of war, terrorism, or civil unrest; governmental actions, embargoes, or changes in law; widespread power outages, internet service provider failures, or other utility disruptions; or any other unforeseeable and unavoidable events that render performance impracticable. In such cases, Kibibit's obligations will be suspended for the duration of the Force Majeure Event, and we will make reasonable efforts to mitigate its effects.

14.1 Entire Agreement

These Terms, together with any expressly incorporated documents and any signed service agreements, constitute the entire and complete agreement between you and Kibibit. They supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written, relating to the subject matter hereof, ensuring that this document is the sole authoritative source of terms governing our relationship.

14.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be severed from these Terms. The remaining provisions, however, shall continue in full force and effect, maintaining the validity and enforceability of the remainder of the agreement to the maximum extent permitted by law, ensuring that the core of the agreement remains intact.

14.3 No Waiver

The failure of Kibibit to enforce any right or provision of these Terms at any given time shall not, under any circumstances, constitute a waiver of that right or provision in the future. Any waiver of a breach of these Terms must be made in writing and signed by an authorized representative of Kibibit to be effective, ensuring that our rights remain intact unless explicitly and formally relinquished.

16.1 Service Availability

While Kibibit strives to provide reliable services, we do not guarantee uninterrupted availability of our services or systems. Planned maintenance activities will be communicated to clients in advance where feasible, though emergency maintenance may be performed without prior notice. Client acknowledges that software development and consulting services may experience interruptions due to various factors beyond our control.

16.2 Limitation of Service Guarantees

Unless specifically outlined in a separate Service Level Agreement (SLA) signed by both parties, Kibibit makes no warranties or guarantees regarding uptime, response times, service availability, or performance metrics. Any such guarantees must be explicitly documented in writing and agreed upon as part of a formal service agreement with corresponding terms and pricing.

17.1 Industry Standards

Kibibit adheres to recognized industry best practices and professional standards in software development, including but not limited to secure coding practices, version control, documentation standards, and quality assurance methodologies. We maintain appropriate professional indemnity insurance coverage and follow established software development lifecycle methodologies to ensure quality deliverables.

17.2 Technical Discretion

The selection of specific tools, frameworks, programming languages, development methodologies, and technical approaches remains at Kibibit's professional discretion based on project requirements and industry best practices, unless otherwise specified in writing within the scope of a particular project agreement. Kibibit reserves the right to recommend alternative technical solutions that may better serve the client's objectives while maintaining professional standards and project feasibility.

15.1 Right to Modify

We reserve the right to modify, update, or change these Terms from time to time in the usual course of business (such modified Terms, the "Updated Terms"). We encourage you to review this page periodically to stay informed. When we make material changes to these Terms, we will update the Effective Date at the top of this page and provide you with reasonable advance notice before the Updated Terms become effective. Kibibit may provide such notifications to you via email notice, written or hard copy notice, and/or through posting of such notice on our website. We reserve the right to determine the form and means of providing notifications to you.

15.2 Effect of Updates

Your continued use of our website or access to our services after the effective date of the Updated Terms shall constitute your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before continuing to use our website or services. Updated Terms will be effective as of the date specified in the effective date at the top of this page, and will apply to your use of our website and services from that point forward. If we update these Terms in a non-material manner after the effective date, we will update the Last Updated date at the top of this page. The previous Terms (or previously Updated Terms) will govern any disputes arising before the effective date of the then-current Updated Terms. If you choose not to agree to these Terms or any future Updated Terms, you may not use or access (and must discontinue any use or access to) our website or services. Kibibit is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.