Terms of Services

Effective Date: August 04, 2025
Contact Email: hello@techkodainya.com

These Terms of Service (“Agreement”) are a contract between you (“you” or “Customer”) and Tech Kodainya (“Tech Kodainya,” “we,” “us,” or “our”). It sets the rules for using our websites, SaaS platforms, downloadable software, APIs, SDKs, and professional services (together called “Services”).

By using our Services, you confirm that you have read and understood this Agreement and agree to follow it. If you do not agree, please do not use the Services.

1. Acceptance of Terms

When you use our Services, you accept these Terms and any extra rules or policies we provide. This applies to you whether you are using the Services personally or for a company.

2. Services Description and Eligibility

Our services can be used by:

  • A startup, enterprise, or government/defense client from the private or public sector
  • At least 18 years old and legally able to agree to contracts
  • Businesses or entities represented by authorized persons

Our Services may be limited by regional laws, export regulations, or other eligibility rules. We have the right to deny service to anyone at any time.

3. Account Registration and Security

To access some Services, you might need an account. You agree to:

  • Enter accurate and complete information
  • Keep your login details safe
  • Update your information whenever it changes

Anything that happens in your account is your responsibility. Tech Kodainya will not be held liable for losses or damages caused by unauthorized use.

4. Fees, Invoicing, Taxes, and Refunds

Our pricing options may include:

  • Fixed-price contracts
  • Payments based on project milestones
  • Monthly or yearly subscription fees

Payment terms will be mentioned in your project proposal or service agreement. Invoices are due when you receive them or as agreed in writing. Late payments may have a 1.5% monthly charge or the highest rate allowed by law. Refunds are issued only as per your agreement or the law.

5. Intellectual Property

Unless stated differently in a signed agreement:

  • Tech Kodainya owns all software, tools, documentation, and materials we provide
  • Custom deliverables created under a Statement of Work (SOW) may be assigned or licensed to you as agreed.
  • You may use these deliverables only for your internal business needs.

You retain rights to your existing intellectual property. We retain rights to our tools and frameworks used in creating deliverables, unless otherwise stated in writing.

6. License Grants and Usage Restrictions

You get a non-exclusive, limited license to use our software, APIs, SDKs, and documents with the services you purchased. You must not:

  • Modify or try to figure out the source code
  • Sell, lease, or share the Services with others
  • Use the Services for illegal or harmful actions
  • Avoid technical limits or exceed API usage rules

Any open‑source parts in our software are licensed under their original licenses.

7. Confidentiality and Non-Disclosure

Both parties agree to keep each other’s confidential information safe. This includes any non-public business, technical, or financial details shared in any form.

Confidential information:

  • Can only be used for purposes defined in this Agreement
  • Cannot be shared with others without written permission
  • Must be protected using reasonable industry standards

Exceptions include cases where the law requires sharing the information or if it is public or independently developed.

8. Data Protection and Privacy

When you use our Services, you accept the Privacy Policy, which covers:

  • Handling personal data for legal reasons like contract needs, consent, legal requirements, or legitimate interests
  • Using trusted subprocessors for hosting, analytics, and support
  • Complying with GDPR, CCPA, and Indian data protection regulations

You have the right to request access to your personal data, correct it, or have it deleted, where the law allows.

9. Export Controls and Sanctions Compliance

You agree to comply with all applicable export control and sanctions laws, including those of India, the United States (EAR, OFAC), the European Union, and the United Kingdom.

You declare that:

  • You are not located in or controlled by any restricted country or listed prohibited party
  • You will not use the Services for restricted purposes, including weapons, military, or nuclear development, without proper authorization

10. Third-Party Services and Integrations

We may integrate third-party platforms or tools into our services (like hosting providers, APIs, or payment systems). 

We do not control these third parties and are not responsible for their terms. Your use of them is at your own risk and subject to their privacy policies.

11. Service Level Commitments and Maintenance

When applicable, details like uptime guarantees, support response times, and issue resolution timelines are included in our Service Level Agreement (SLA).

We may carry out routine maintenance or upgrades that affect availability. Emergency maintenance can occur without prior notice, but we work to reduce any service impact.

12. Warranties and Disclaimers

We guarantee that services will be delivered with proper skill and care, following industry standards.

 Other than what is clearly stated:

  • Services are offered “as is” and “as available.”
  • We disclaim all implied warranties, like merchantability, fitness for a purpose, non‑infringement, and uninterrupted operation

Any decisions you make from using our services are made at your own risk.

13. Limitation of Liability

As far as the law allows:

  • Tech Kodainya’s maximum liability is the greater of (a) your payments to us in the past 12 months
  • We are not responsible for indirect, special, or consequential losses like lost data, profits, or system downtime

These limits still apply even if the provided remedy fails.

14. Indemnification

You agree to defend and protect Tech Kodainya and its team from any third‑party claims, damages, or losses that arise due to:

  • Your breach of these Terms
  • Improper use of the Services
  • Violations of law or third‑party rights, such as intellectual property rights

15. Termination and Suspension

We may suspend or end your access to the Services if:

  • You break these Terms or any applicable law
  • We must comply with legal requirements
  • We give notice, and any allowed time to fix the issue expires

You may cancel your subscription or project by giving notice as stated in your agreement.

16. Effect of Termination

When this Agreement ends:

  • All licenses given to you will stop
  • You must stop using the Services and delete any software or materials we provided
  • You can request your data within 30 days
  • After 30 days, we may delete your data unless the law requires us to keep it

17. Modifications to Terms or Services

These Terms or our Services may be updated. In such cases:

  • You will receive at least 30 days’ notice through email or the dashboard
  • Using the Services after the update means you agree to the new terms

18. Governing Law and Dispute Resolution

The laws of the Republic of India will apply to this Agreement.

Disputes will be resolved by the courts in Indore, India.

19. Class Action Waiver

You agree to settle disputes individually and not in any class, group, or representative action. You give up the right to participate in any class-action lawsuit or group arbitration.

20. Notices and Contact Information

Please send all legal notices in writing to:

Tech Kodainya

Email: hello@techkodainya.com

A notice will be treated as received on delivery or five (5) business days after mailing.

21. Miscellaneous

Assignment: You cannot give or transfer your rights or responsibilities under these terms to anyone else unless we agree in writing first.

Force Majeure: We are not responsible for delays or failures caused by events we cannot control, like natural disasters, war, terrorism, strikes, or major system failures.

Severability: If any part of this Agreement is found to be invalid or unenforceable, the rest of the Agreement will still apply.

Waiver: If we choose not to enforce any part of this Agreement now, it does not mean we give up our right to enforce it later.

Entire Agreement: These Terms, together with our Privacy Policy and any signed agreements (like an SOW or MSA), make up the complete agreement between you and Tech Kodainya.

By accessing or using the Services, you confirm that you agree to these Terms of Service.