Terms of Service

01 Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Softcracy website at softcracy.com (the "Site"), our software development services, and our products. By accessing the Site, submitting an inquiry, applying for a role, or engaging us for services, you agree to be bound by these Terms in full.

If you do not agree with any part of these Terms, please do not use our Site or services. If you are entering into a contract on behalf of a company, you represent that you have the authority to bind that entity.

Specific services or products may be governed by additional terms — a signed Statement of Work (SOW), a Master Services Agreement (MSA), or product-specific terms. Where those terms conflict with these Terms, the more specific terms apply for that engagement.

02 Definitions

Term	Meaning
"Softcracy", "we", "us"	Softcracy Solutions Private Limited, CIN U72900BR2021PTC055086, incorporated in Bihar, India.
"Client", "you"	The person or entity engaging Softcracy for services or using our Site.
"Services"	Software development, design, AI automation, cloud & DevOps, consulting, and related engineering services.
"Products"	SaaS products owned and operated by Softcracy, including LibOrbit and SwadMenu.
"Deliverables"	Code, designs, documentation, and other work created for a Client engagement.
"Site"	The Softcracy website at softcracy.com.

03 Our Services

Softcracy provides engineering services across the following practice areas:

• Web Development: websites, web apps, SaaS dashboards, e-commerce, CMS, and API development.
• App Development: native iOS (Swift), native Android (Kotlin), and cross-platform (Flutter, React Native) apps.
• AI Automation: chatbots, RAG pipelines, workflow automation, custom LLM solutions, and AI integrations.
• UI/UX Design: wireframing, prototyping, design systems, user research, and brand identity.
• Cloud & DevOps: cloud architecture, infrastructure-as-code, CI/CD, Kubernetes, and observability.

The exact scope, timeline, and deliverables for any engagement will be set out in a signed SOW, proposal, or contract. These Terms form the baseline; the SOW adds specifics.

04 Engagement & Payment

4.1 Engagement models

We offer two primary engagement models:

• Fixed-scope (milestone-based): a defined scope, timeline, and total price broken into milestones. Payment is due on milestone acceptance.
• Monthly retainer: an agreed monthly fee for ongoing engineering, support, or staff augmentation. Payment is due in advance, monthly.

4.2 Quotes & estimates

All quotes, estimates, and timelines provided before a signed agreement are estimates only and are valid for 30 days from the date issued. They become binding only when incorporated into a signed SOW or contract.

4.3 Invoicing & payment terms

• Unless otherwise stated in the SOW, invoices are due within 15 days of issuance.
• For fixed-scope projects, an advance of 30-50% is typically required before work begins.
• Late payments may incur interest at 1.5% per month (or the maximum permitted by Indian law).
• We may pause work on overdue invoices after a written reminder and a 7-day grace period.
• All payments are processed through trusted, secure payment gateways (Razorpay, Stripe, or bank transfer). Prices are exclusive of applicable taxes unless stated otherwise.

4.4 Change requests

Any change to an agreed scope is handled through a written change request. We will assess the impact on timeline and cost, and provide an updated estimate. Work on the change begins only after written approval from the Client.

05 Intellectual Property

5.1 Ownership of Deliverables

Upon full payment of all amounts owed for an engagement, all right, title, and interest in the Deliverables — including code, designs, documentation, and IP — transfers to the Client. Deliverables are provided via the Client's Git repository with full commit history.

5.2 Pre-existing & third-party materials

We may use pre-existing components, libraries (open-source or commercial), tools, and frameworks ("Pre-existing Materials") in Deliverables. We retain ownership of these Pre-existing Materials, but grant the Client a perpetual, worldwide, royalty-free license to use them as part of the Deliverables. Open-source components retain their original licenses.

5.3 Softcracy's background IP

We retain ownership of our internal tools, frameworks, utilities, templates, and methodologies developed before or independently of the engagement ("Background IP"). We grant the Client a perpetual, royalty-free license to use Background IP only as embedded within the Deliverables. Nothing in these Terms transfers ownership of our Background IP to the Client.

5.4 Portfolio & showcase rights

Unless agreed otherwise in writing, we may reference the Client and the engagement in our portfolio, case studies, and marketing materials — using the Client's name, logo, and a general description of the work. We will not disclose confidential or proprietary information without consent. If the Client prefers confidential engagement, this must be specified in the SOW.

06 Client Responsibilities

To enable us to deliver quality work, the Client agrees to:

• Provide timely access to required systems, accounts, repositories, and documentation.
• Assign a single point of contact with authority to make decisions and approve milestones.
• Provide content, assets, and feedback within agreed timelines.
• Ensure they have the rights to any materials, data, or content they provide to us.
• Review deliverables promptly and provide clear, actionable feedback.
• Make timely payments per the agreed schedule.

Delays caused by the Client may extend timelines proportionally. We are not liable for missed deadlines caused by late Client feedback, content, or access.

07 Warranties

7.1 Our warranty

We warrant that the Services will be performed in a professional, workmanlike manner consistent with industry standards. This warranty applies for 30 days after delivery of a milestone or final Deliverable, and covers defects or deviations from the agreed scope. We will fix covered defects at no additional cost.

7.2 Exclusions

The warranty does not cover:

• Issues caused by Client modifications, third-party services, or environmental changes after delivery.
• Defects in third-party libraries, platforms, or hosting services.
• Features, scope, or requirements not specified in the agreed SOW.
• Issues arising from Client-provided content, data, or credentials.

08 Disclaimers

The Site and Services are provided on an "as is" and "as available" basis, except for the express warranties in Section 7. To the fullest extent permitted by law, we disclaim all other warranties — express, implied, or statutory — including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Site will be uninterrupted, error-free, or secure at all times, or that any third-party service will remain available or compatible.

09 Limitation of Liability

To the maximum extent permitted by law:

1. Total liability cap: our total aggregate liability for any claim arising from these Terms or an engagement is limited to the total amount paid by the Client to us for the specific engagement that gave rise to the claim, in the 12 months preceding the claim.
2. Excluded damages: we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, business, or goodwill.
3. Third-party services: we are not liable for outages, changes, or failures of third-party services (cloud providers, payment gateways, APIs, libraries) used in or alongside the Deliverables.
4. Client data: the Client is responsible for maintaining backups of their data. We are not liable for data loss to the extent it could have been prevented by reasonable Client backup practices.

These limitations apply even if we have been advised of the possibility of such damages. They do not apply to liability that cannot be excluded under Indian law (e.g., gross negligence, willful misconduct, or statutory liability).

10 Confidentiality

Each party agrees to keep confidential any non-public information received from the other party — including business plans, technical details, pricing, and source code — and to use it only for the purpose of the engagement. Confidentiality obligations survive termination of the engagement for 3 years.

Confidential information does not include information that is: already public, independently developed, rightfully received from a third party, or required to be disclosed by law or court order (with prompt notice to the other party where permitted).

We are happy to sign a separate Non-Disclosure Agreement (NDA) if the Client requires stronger or longer confidentiality terms.

11 Termination

11.1 Termination for convenience

Either party may terminate an engagement by providing 30 days' written notice. The Client pays for all work completed and approved up to the termination date, plus any non-cancellable third-party costs incurred on the Client's behalf.

11.2 Termination for cause

Either party may terminate immediately for material breach (e.g., non-payment, failure to deliver, IP infringement) that is not cured within 15 days of written notice.

11.3 Effect of termination

Upon termination:

• All unpaid invoices become immediately due.
• We will deliver work-in-progress up to the termination date, subject to payment.
• License grants to Pre-existing Materials and Background IP survive to allow use of completed Deliverables.
• Each party returns or destroys the other's confidential information upon request.

12 Products & SaaS Terms

We own and operate SaaS products including LibOrbit and SwadMenu. Use of these products is governed by their respective terms of service and privacy policies, which are separate from these Terms. Disputes related to a specific product are handled under that product's terms.

13 Website Use

13.1 Permitted use

You may use the Site for lawful, personal, and business purposes — to learn about our services, contact us, apply for roles, and engage our services. You agree not to:

• Use the Site in any way that violates Indian or applicable law.
• Attempt to gain unauthorized access to our systems, accounts, or data.
• Scrape, copy, or redistribute our content without permission.
• Submit malware, spam, or harmful content through our forms.
• Interfere with the proper functioning of the Site or its security features.
• Use the Site to infringe the intellectual property rights of any party.

13.2 Our content

All content on the Site — text, graphics, logos, code, and design — is owned by Softcracy or used with permission. You may not reproduce, distribute, or create derivative works from our content without written consent.

13.3 Third-party links

The Site may contain links to third-party websites. We are not responsible for their content, terms, or privacy practices. Accessing third-party sites is at your own risk.

14 Governing Law & Dispute Resolution

These Terms and any dispute arising from them are governed by the laws of the Republic of India, without regard to conflict-of-laws principles. The courts of Patna, Bihar have exclusive jurisdiction, unless another jurisdiction is specifically agreed in writing.

Before filing a lawsuit, the parties agree to attempt good-faith resolution through written notice and a 30-day negotiation period. If unresolved, disputes will be resolved through arbitration under the Arbitration and Conciliation Act, 1996, seated in Patna, India, in English, with a sole arbitrator appointed by mutual agreement. The arbitral award is final and binding.

15 Changes to These Terms

We may update these Terms from time to time. When we do:

• We will update the "Last updated" date at the top of this page.
• For material changes, we will post a prominent notice on our website at least 7 days before they take effect.
• For active Client engagements, material changes do not apply retroactively — the terms in effect at the time of the signed SOW govern that engagement unless the Client agrees in writing.
• Continued use of the Site after the effective date constitutes acceptance of the updated Terms.

16 Contact

If you have questions or concerns about these Terms, please contact us: