Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," "User," or "Client") and Poulima InfoTech Private Limited ("Poulima InfoTech," "Company," "we," "us," or "our"), a company incorporated under the laws of India, operating the website www.poulimainfo.tech and providing software development, artificial intelligence, and IT services.

By accessing or using our website, engaging our services, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our website or services.

These Terms apply to users worldwide. Additional jurisdiction-specific terms may apply where required by local law.

2. Definitions

• "Services" refers to all software development, web development, mobile app development, AI/ML solutions, UI/UX design, consulting, maintenance, support, and any other IT services offered by Poulima InfoTech.
• "Website" refers to www.poulimainfo.tech and all associated subdomains, web applications, and digital properties.
• "Deliverables" means any work product, code, designs, documentation, reports, or other materials produced as part of our Services.
• "Project" refers to any engagement, contract, or scope of work agreed upon between you and Poulima InfoTech.
• "Content" refers to all text, images, graphics, videos, code, data, and other materials displayed on or available through our Website.
• "Confidential Information" means any non-public information disclosed by either party, including business data, source code, trade secrets, technical specifications, and client information.
• "AI Services" refers to artificial intelligence, machine learning, automation, and related solutions provided by us.

3. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Website or engage our Services. By using our Website or Services, you represent and warrant that:

• You have the legal capacity and authority to enter into these Terms
• If acting on behalf of an organization, you have the authority to bind that organization to these Terms
• You will comply with all applicable local, state, national, and international laws and regulations
• All information you provide to us is accurate, current, and complete

4. Services

4.1 Scope of Services

Poulima InfoTech offers the following services (non-exhaustive):

• Custom Software Development (Web & Mobile Applications)
• Frontend Development (React.js, Next.js, Angular, Vue.js)
• Backend Development (Node.js, NestJS, Python, APIs)
• Full-Stack Development (MERN Stack and more)
• Mobile App Development (Flutter, React Native, iOS, Android)
• AI & Machine Learning Solutions
• AI-Powered Automation & Chatbots
• UI/UX Design & Prototyping
• Cloud Services & DevOps
• Software Maintenance & Support
• IT Consulting & Digital Transformation
• E-commerce & SaaS Development

4.2 Service Agreements

Specific services shall be governed by individual service agreements, statements of work (SOW), proposals, or contracts executed between you and Poulima InfoTech. In case of conflict between these Terms and a specific service agreement, the service agreement shall prevail with respect to that engagement.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. For active projects, any material changes will be communicated and agreed upon with the client before implementation.

5. Client Responsibilities

When engaging our Services, you agree to:

• Provide accurate and complete project requirements, specifications, and feedback in a timely manner
• Make all necessary materials, content, assets, and access credentials available as needed
• Designate an authorized point of contact for project communication
• Review and approve deliverables within agreed timelines
• Ensure all content and materials you provide do not infringe on third-party rights
• Maintain the confidentiality of any login credentials or access provided by us
• Pay all agreed fees and charges in accordance with the payment terms
• Comply with all applicable laws regarding the use of the Deliverables

Delays caused by the client (e.g., delayed feedback, missing assets, scope changes) may impact project timelines and costs. Poulima InfoTech shall not be held liable for any such delays.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content on our Website — including but not limited to text, graphics, logos, icons, images, animations, 3D elements, software, code, designs, and the overall look and feel — is the property of Poulima InfoTech or its licensors and is protected by intellectual property laws worldwide.

6.2 Client Project Deliverables

Upon full payment of all agreed fees, ownership of custom-developed Deliverables shall transfer to the Client as specified in the applicable service agreement, unless otherwise agreed. This transfer does not include:

• Pre-existing IP: Any frameworks, libraries, tools, or code owned by Poulima InfoTech prior to the engagement
• Reusable Components: Generic, non-client-specific code components, modules, or templates
• Third-Party Assets: Open-source software, third-party libraries, fonts, or assets subject to their own licenses
• AI Models & Training Data: Proprietary AI models, trained weights, and datasets remain the property of Poulima InfoTech unless explicitly transferred

6.3 License to Use

For pre-existing IP and reusable components incorporated into Deliverables, Poulima InfoTech grants the Client a non-exclusive, perpetual, worldwide license to use such components solely as part of the delivered project.

6.4 Portfolio Rights

We reserve the right to display completed projects in our portfolio, website, and marketing materials for promotional purposes, unless a specific confidentiality agreement prohibits this. Client may request exclusion from portfolio at any time.

6.5 Restrictions

You shall not:

• Copy, modify, distribute, or create derivative works of our Website content without permission
• Reverse engineer, decompile, or disassemble any software or technology provided by us
• Remove any copyright, trademark, or proprietary notices from our materials
• Use our trademarks, logos, or brand assets without prior written consent
• Resell, sublicense, or redistribute our proprietary tools, frameworks, or AI models

7. Payment Terms

7.1 Pricing

Service pricing will be outlined in individual proposals, quotes, or service agreements. Prices are quoted in the currency specified in the proposal (typically USD or INR) and are exclusive of applicable taxes unless stated otherwise.

7.2 Payment Schedule

• Payment milestones will be defined in the service agreement
• A non-refundable advance/deposit may be required before project commencement
• Remaining payments shall be due as per the agreed milestone schedule
• Final payment is due before the final delivery and deployment of the project

7.3 Late Payments

Late payments may incur interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date. We reserve the right to suspend work on the project if payments are overdue by more than 15 days.

7.4 Taxes

You are responsible for all applicable taxes, including GST (for Indian clients), VAT, sales tax, or withholding tax as required by your jurisdiction. We will provide valid tax documentation (e.g., GST invoices) as applicable.

7.5 Refunds

Refunds are handled on a case-by-case basis as per the specific service agreement. The initial advance/deposit is generally non-refundable once work has commenced. No refunds shall be issued for completed and delivered milestones.

8. Project Execution & Delivery

8.1 Timelines

Project timelines are estimates provided in good faith and may vary based on project complexity, scope changes, and client responsiveness. We use agile development methodologies with regular sprints and check-ins.

8.2 Change Requests

Any changes to the agreed project scope, features, or requirements constitute a "Change Request." Change Requests may result in adjustments to the project timeline, cost, and deliverables. All Change Requests must be documented and mutually agreed upon in writing.

8.3 Acceptance & Testing

Upon delivery of a milestone or final Deliverable, you will have a review period (typically 7-14 business days unless otherwise agreed) to test and provide feedback. If no written objection is raised within this period, the Deliverable shall be deemed accepted.

8.4 Bug Fixes & Warranty

We provide a complimentary bug-fix period (as specified in the service agreement, typically 30-90 days after final delivery) for defects in the delivered work. This does not cover issues arising from changes made by the client, third-party modifications, or new feature requests.

9. AI & Automation Services — Specific Terms

9.1 AI Output Disclaimer

AI and machine learning outputs are probabilistic in nature. While we strive for accuracy and reliability, AI-generated results, predictions, recommendations, and automated outputs may contain errors, biases, or inaccuracies. You agree to:

• Review and validate AI outputs before making critical business decisions
• Implement appropriate human oversight for AI-driven processes
• Not rely solely on AI outputs for decisions with legal, medical, financial, or safety implications

9.2 AI Training Data

Unless otherwise agreed, any AI models developed for clients will be trained using data provided by or approved by the client. We will not use client data to train models for other clients or purposes without explicit consent.

9.3 AI Ethics & Compliance

We are committed to responsible AI development. Our AI services adhere to principles of fairness, transparency, accountability, and privacy. We will work with clients to ensure AI solutions comply with applicable regulations including the EU AI Act and other relevant frameworks.

9.4 Third-Party AI Services

Our solutions may integrate third-party AI APIs and services (e.g., OpenAI, Google AI, cloud ML services). Use of these services is subject to their respective terms and conditions. We are not responsible for changes, outages, or limitations imposed by third-party AI providers.

10. Confidentiality

Both parties agree to maintain the confidentiality of all Confidential Information disclosed during the course of the engagement. This obligation includes:

• Not disclosing Confidential Information to any third party without prior written consent
• Using Confidential Information only for the purpose of the project
• Taking reasonable measures to protect Confidential Information from unauthorized access
• Returning or destroying Confidential Information upon project completion or termination (upon request)

This obligation does not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law.

Confidentiality obligations survive the termination of the engagement for a period of 3 years, unless a separate NDA specifies otherwise.

11. Website Use & Acceptable Conduct

When using our Website, you agree not to:

• Use the Website for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to our systems, servers, or databases
• Interfere with or disrupt the integrity or performance of the Website
• Introduce viruses, malware, trojans, or other harmful code
• Scrape, crawl, or extract data from the Website using automated tools without permission
• Use the Website to send unsolicited messages or spam
• Impersonate another person or entity
• Circumvent any security measures or access controls
• Use the Website in any way that could damage our reputation or brand

We reserve the right to restrict or terminate access for any user who violates these terms.

12. Limitation of Liability

12.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POULIMA INFOTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, or business opportunities
• Loss of data or data breach (except where caused by our gross negligence)
• Loss of goodwill or reputation
• Business interruption or downtime
• Cost of procurement of substitute services

12.2 Maximum Liability

Our total aggregate liability for any claims arising from or related to these Terms or our Services shall not exceed the total amount paid by you to Poulima InfoTech in the twelve (12) months preceding the event giving rise to the claim.

12.3 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, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.

13. Indemnification

You agree to indemnify, defend, and hold harmless Poulima InfoTech, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of our Website or Services in violation of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Content or materials provided by you that infringe third-party intellectual property rights
• Your misuse or unauthorized use of the Deliverables
• Any claim that your use of AI Services caused harm due to your failure to implement recommended safeguards

14. Termination

14.1 Termination by Client

You may terminate a project engagement by providing written notice as specified in your service agreement. Upon termination, you shall be liable for payment of all work completed up to the termination date plus any pre-approved expenses.

14.2 Termination by Poulima InfoTech

We may terminate or suspend services if:

• Payment is overdue by more than 30 days
• You breach any material provision of these Terms or the service agreement
• You engage in fraudulent, illegal, or unethical conduct
• Continued performance becomes commercially impracticable or legally prohibited

14.3 Effects of Termination

• All outstanding payments become immediately due
• Deliverables for paid milestones will be transferred to the client
• Work-in-progress for unpaid milestones remains the property of Poulima InfoTech
• Confidentiality, IP, and limitation of liability clauses survive termination

15. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations due to causes beyond its reasonable control, including but not limited to: natural disasters, pandemics, acts of war or terrorism, government actions, cyberattacks, internet outages, power failures, labor disputes, supply chain disruptions, or failures of third-party services.

The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact. If the force majeure event continues for more than 90 days, either party may terminate the affected engagement without penalty.

16. Dispute Resolution

16.1 Negotiation

In the event of a dispute, the parties shall first attempt to resolve the matter through good-faith negotiation within 30 days of written notice of the dispute.

16.2 Mediation & Arbitration

If negotiation fails, the dispute shall be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted in English, and the seat of arbitration shall be in India.

16.3 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles. For users in the EEA/UK, mandatory consumer protection laws of your country of residence shall also apply where applicable.

16.4 Jurisdiction

Subject to the arbitration clause above, the courts of India shall have exclusive jurisdiction over any disputes arising from these Terms.

17. Non-Solicitation

During the term of any engagement and for a period of 12 months thereafter, neither party shall directly or indirectly solicit, recruit, or hire any employee, contractor, or consultant of the other party who was involved in the project, without prior written consent. Violation of this clause may result in a liquidated damages claim equal to 6 months of the solicited individual's compensation.

18. Third-Party Services & Open Source

18.1 Third-Party Integrations

Our Deliverables may integrate with or depend on third-party services, APIs, platforms, or hosting providers. We are not responsible for the availability, performance, pricing changes, or terms of these third-party services.

18.2 Open Source Software

Our solutions may incorporate open-source software components governed by their respective licenses (e.g., MIT, Apache 2.0, GPL). A list of open-source licenses used in your project can be provided upon request. You agree to comply with the terms of all applicable open-source licenses.

19. General Provisions

19.1 Entire Agreement

These Terms, together with any service agreements, SOWs, and our Privacy Policy, constitute the entire agreement between you and Poulima InfoTech and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Poulima InfoTech may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

19.5 Notices

All notices under these Terms shall be in writing and delivered via email to the last known email address of the other party, or through registered mail for formal legal notices.

19.6 Independent Contractors

The relationship between Poulima InfoTech and the Client is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

20. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with a revised "Last updated" date. Material changes may be communicated via email or a prominent notice on our Website. Your continued use of our Website or Services after changes constitutes acceptance of the updated Terms.

21. Contact Us

For questions or concerns about these Terms & Conditions, please contact us: