Welcome to KodeKalp Global Technologies. Please review our Terms of Service to understand the guidelines and policies governing the use of our services and solutions.
These Terms of Service (”Terms”) govern your access to and use of our website (www.kodekalp.com), mobile applications, and services (collectively, the ”Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
When you create an account with us, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account.
KodeKalp provides various technology services, including but not limited to web design and development, mobile app development, digital marketing, and IoT integration. The specific features and functionality of our Services may change from time to time.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
You agree to use our Services in compliance with all applicable laws, regulations, and industry standards.
You agree not to:
You are solely responsible for any content, materials, or information that you submit, upload, or otherwise make available through our Services (“User Content”). You represent and warrant that you have all necessary rights to submit such User Content and that it does not violate these Terms or any applicable laws.
The fees for our Services will be as set forth in a separate agreement between you and KodeKalp or as displayed on our website. All fees are in Indian Rupees unless otherwise specified.
Payment terms will be as specified in your service agreement or project proposal. Unless otherwise agreed, invoices are due upon receipt. We reserve the right to suspend or terminate Services for non-payment.
All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, VAT, GST, or similar taxes, except for taxes based on our net income.
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, are the property of KodeKalp or our licensors and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purposes, subject to your compliance with these Terms.
Ownership of deliverables created for clients will be as specified in the applicable service agreement or statement of work. Unless otherwise agreed in writing, clients typically receive ownership of custom deliverables upon full payment, while KodeKalp retains ownership of pre-existing materials and tools used to create the deliverables.
Unless otherwise agreed in writing, you grant us permission to use your name, logo, and a general description of the work we performed for you in our portfolio and marketing materials.
During the course of our relationship, either party may disclose confidential information to the other. Each party agrees to protect the other's confidential information with the same degree of care it uses to protect its own confidential information, but in no case less than reasonable care.
Neither party will disclose the other's confidential information to any third party without prior written consent, except as required by law or to the extent necessary to perform the Services.
These Terms will remain in effect until terminated by either you or us.
You may terminate these Terms at any time by ceasing to use our Services and, if applicable, closing your account.
We may terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. Causes for termination may include, but are not limited to:
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KODEKALP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.
IN NO EVENT SHALL KODEKALP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO KODEKALP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify, and hold harmless KodeKalp, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive these Terms and your use of the Services.
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Gondia, Maharashtra, India for the resolution of any dispute arising from these Terms or your use of the Services.
Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved amicably through negotiations. If the dispute is not resolved through negotiations within 30 days, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The place of arbitration shall be Gondiya, India. The language of the arbitration shall be English.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
These Terms constitute the entire agreement between you and KodeKalp regarding our Services and supersede all prior agreements and understandings, whether written or oral.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the website or via email to the email address specified in your account.
We reserve the right to modify or replace these Terms at any time, at our sole discretion. We will provide notice of any material changes through our Services or by other means as determined by us. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
If you have any questions about these Terms, please contact us at:
KodeKalp Global Technologies Private Limited
Gondia, Maharashtra -441601
