Terms & Conditions

1. Introduction

Welcome to Debmedia Technologies LLP ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our software development services, SaaS platforms, AI-powered tools, automation solutions, enterprise web applications, corporate training programs, and related services (collectively, the "Services").

By accessing our website (debmediatechnologies.com), engaging our services, creating an account, or using any of our products, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any other applicable agreements.

If you do not agree to these Terms, you must immediately discontinue use of our Services.

2. Definitions and Interpretation

For the purposes of these Terms:

• "Company," "we," "us," "our" refers to Debmedia Technologies LLP, a limited liability partnership registered under the laws of India with its principal place of business in Hooghly, West Bengal, India.
• "Client," "you," "your," "User" refers to any individual, business entity, organization, or legal person accessing or using our Services.
• "Services" includes but is not limited to: custom software development, SaaS platform development, AI software solutions, automation and data engineering, enterprise web applications, WordPress development, e-commerce solutions, API development, mobile applications, consulting services, technical training, and any other services offered by the Company.
• "Deliverables" means any work product, software, code, documentation, designs, reports, or materials created by the Company for the Client as part of the Services.
• "Agreement" refers to these Terms and Conditions together with any project proposal, statement of work, service agreement, or other contract entered into between the Company and the Client.
• "Intellectual Property" includes patents, trademarks, service marks, copyrights, trade secrets, proprietary information, source code, algorithms, designs, and any other intellectual property rights recognized under Indian law or international treaties.
• "Subscription Services" means SaaS platforms, software tools, or services provided on a recurring payment basis.
• "Personal Data" means any information relating to an identified or identifiable natural person as defined under applicable data protection laws.

3. Acceptance of Terms

By using our Services, you represent that you have read, understood, and agree to be bound by these Terms. Your acceptance may be demonstrated by:

• Creating an account or user profile on our platform;
• Clicking "I Agree," "Accept," or similar buttons during registration or checkout;
• Signing a service agreement, statement of work, or project proposal that references these Terms;
• Making a payment for our Services;
• Accessing or using any of our software, platforms, tools, or services;
• Continued use of Services after being notified of changes to these Terms.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

4. Amendments to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Changes may be made to reflect:

• Changes in applicable laws or regulations;
• New features, services, or functionality;
• Changes in our business practices or service offerings;
• Security, fraud prevention, or risk management requirements;
• Feedback from users or legal counsel.

Notice of Changes: We will notify you of material changes to these Terms by posting an updated version on our website with a new "Last Updated" date, and where required by law, by sending notice to your registered email address.

Continued Use: Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must cease using the Services immediately.

For subscription services, if you continue to use the service beyond the notice period, you will be deemed to have accepted the new Terms.

5. Eligibility to Use Services

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction;
• Have the legal capacity to enter into binding contracts;
• Not be prohibited from using the Services under the laws of India or your jurisdiction;
• Not have been previously suspended or banned from using our Services;
• Provide accurate, current, and complete information during registration;
• Comply with all applicable laws and regulations in your use of the Services.

Business Users: If you are using the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms.

Geographic Restrictions: Our Services are primarily intended for users in India but are accessible internationally. You are responsible for ensuring your use complies with local laws in your jurisdiction.

6. User Representations and Warranties

By using our Services, you represent and warrant that:

• All registration information you provide is accurate, truthful, and current;
• You will maintain the accuracy of such information;
• You have the legal right, authority, and capacity to enter into these Terms;
• You will not use the Services for any illegal or unauthorized purpose;
• Your use of the Services will comply with all applicable laws and regulations;
• You will not violate any third-party rights, including intellectual property rights;
• You will not transmit viruses, malware, or other harmful code through the Services;
• You will not attempt to gain unauthorized access to our systems or networks;
• Any content you provide does not infringe on third-party rights;
• You are not located in a country subject to international sanctions or embargoes.

7. Scope of Services

Debmedia Technologies LLP provides the following categories of Services:

7.1 Custom Software Development

Development of bespoke software solutions, web applications, mobile applications, desktop applications, APIs, and system integrations tailored to client specifications.

7.2 SaaS Platform Development

Design, development, deployment, and maintenance of Software-as-a-Service platforms, including multi-tenant architecture, subscription management, and cloud infrastructure.

7.3 AI Software Solutions

Development of artificial intelligence and machine learning solutions, including natural language processing, computer vision, predictive analytics, recommendation systems, and automation tools.

7.4 Enterprise Web Applications

Development of scalable, secure enterprise-grade web applications, business portals, dashboards, and internal tools.

7.5 Automation & Data Engineering

Business process automation, workflow automation, data pipeline development, ETL processes, data warehousing, and analytics solutions.

7.6 WordPress & E-commerce Solutions

WordPress website development, WooCommerce e-commerce stores, plugin development, theme customization, and website maintenance.

7.7 Consulting & Advisory Services

Technology consulting, architecture review, code audits, system optimization, and strategic technology planning.

7.8 Corporate Training & Education

Corporate training programs, workshops, technical skill development, and educational content creation.

Service Limitations: The specific scope, deliverables, timeline, and pricing for each engagement will be defined in a separate statement of work, proposal, or service agreement. These Terms apply to all such engagements unless explicitly superseded by a signed written agreement.

8. Service Availability and Modifications

Best Efforts: We make reasonable efforts to ensure the Services are available 24/7. However, we do not guarantee uninterrupted, timely, secure, or error-free access to the Services.

Scheduled Maintenance: We may perform scheduled maintenance, updates, or improvements that may temporarily interrupt service availability. We will provide advance notice where reasonably possible.

Unscheduled Downtime: Services may be unavailable due to technical issues, server failures, internet connectivity problems, third-party service disruptions, or other factors beyond our control.

Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including features, functionality, availability, or pricing, with or without notice.

No Liability for Downtime: We shall not be liable for any loss, damage, or inconvenience caused by service unavailability, except as expressly provided in a separate service level agreement.

9. Account Registration and Security

Account Creation: To access certain Services, you may be required to create an account by providing information such as name, email address, company name, and payment details.

Account Security: You are responsible for:

• Maintaining the confidentiality of your account credentials (username and password);
• All activities that occur under your account;
• Notifying us immediately of any unauthorized use or security breach;
• Using strong, unique passwords and enabling two-factor authentication where available;
• Ensuring your account information remains accurate and up-to-date.

Account Termination: We reserve the right to suspend or terminate your account if we suspect fraudulent activity, violation of these Terms, non-payment, or for any other reason at our discretion.

No Account Sharing: Accounts are intended for individual or single-organization use. Sharing account credentials with unauthorized parties is prohibited.

10. User Responsibilities

As a user of our Services, you agree to:

• Provide accurate, complete, and truthful information;
• Use the Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, national, and international laws;
• Respect intellectual property rights of the Company and third parties;
• Not interfere with or disrupt the Services or servers;
• Not attempt to gain unauthorized access to any portion of the Services;
• Not transmit viruses, malware, or other harmful code;
• Not engage in any activity that could damage, disable, or impair the Services;
• Not use automated systems (bots, scrapers) without written permission;
• Not reverse engineer, decompile, or disassemble any software provided;
• Maintain appropriate security measures for your own systems and data;
• Cooperate with the Company in investigations of suspected violations.

11. Prohibited Activities

You may not use the Services to:

• Violate any applicable laws, regulations, or third-party rights;
• Infringe intellectual property rights of others;
• Transmit harmful, offensive, or illegal content;
• Engage in fraudulent, deceptive, or misleading practices;
• Harass, abuse, threaten, or intimidate others;
• Distribute spam, unsolicited communications, or phishing attempts;
• Circumvent security features or access restrictions;
• Interfere with other users' access to the Services;
• Upload viruses, malware, or other malicious code;
• Scrape, copy, or extract data without authorization;
• Resell, sublicense, or redistribute the Services without permission;
• Create derivative works based on the Services;
• Use the Services for illegal gambling, money laundering, or terrorist financing;
• Violate export control laws or international sanctions;
• Engage in any activity that could damage our reputation or business interests.

Enforcement: Violation of these prohibitions may result in immediate termination of your access, legal action, and reporting to law enforcement authorities.

12. Compliance With Laws and Regulations

You agree to comply with all applicable laws, regulations, and industry standards in your jurisdiction and India, including but not limited to:

• Information Technology Act, 2000 (India);
• Personal Data Protection Bill (when enacted);
• Copyright laws and intellectual property regulations;
• Export control and sanctions laws;
• Anti-money laundering (AML) and counter-terrorist financing (CTF) laws;
• Consumer protection laws;
• Tax laws and reporting requirements;
• Industry-specific regulations applicable to your business;
• Data localization requirements;
• Cybersecurity frameworks and standards.

You are solely responsible for determining whether our Services are appropriate for your use in light of applicable regulations.

13. Intellectual Property Rights

Company Ownership: All intellectual property rights in and to the Services, including but not limited to source code, algorithms, designs, trademarks, logos, documentation, and methodologies developed by the Company, remain the exclusive property of Debmedia Technologies LLP.

Protected Elements: This includes:

• Software code, frameworks, and libraries developed by the Company;
• Proprietary algorithms and business logic;
• User interface designs and visual elements;
• Database structures and schemas;
• Documentation, training materials, and knowledge base content;
• Company trademarks, service marks, and branding;
• Trade secrets and confidential information;
• Methodologies and best practices developed by the Company.

No Transfer of Ownership: These Terms do not transfer any ownership rights to you. You receive only a limited license to use the Services as specified herein.

Reservation of Rights: All rights not expressly granted to you are reserved by the Company.

14. Ownership of Deliverables

Ownership of custom-developed deliverables varies based on the type of engagement:

14.1 Custom Development Projects

Client Owns Final Deliverables: Upon full payment, you will own the specific custom code, designs, and materials created exclusively for you as defined in the statement of work.

Company Retains:

• Underlying frameworks, libraries, and reusable components;
• Pre-existing intellectual property;
• Methodologies and processes;
• Knowledge and experience gained;
• Rights to use project experience in portfolio and case studies.

14.2 SaaS and Subscription Services

You do not acquire ownership of the software or platform. You receive only a license to use the service during your subscription period.

14.3 Training and Consulting

Materials provided during training or consulting engagements may be used by you for internal purposes only, unless otherwise specified.

Condition of Transfer: Transfer of ownership rights (where applicable) is conditional upon full payment of all fees. Until payment is received, the Company retains all rights to the deliverables.

15. Client Materials and Licenses

Client-Provided Materials: If you provide us with content, data, logos, branding materials, or other assets ("Client Materials") for use in delivering the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such materials solely for the purpose of providing the Services.

Your Responsibilities: You represent and warrant that:

• You own or have the necessary rights to provide Client Materials;
• Client Materials do not infringe third-party intellectual property rights;
• You have obtained all necessary permissions, consents, and licenses;
• Client Materials comply with all applicable laws and regulations;
• Client Materials do not contain viruses, malware, or harmful code.

Indemnification: You agree to indemnify and hold us harmless from any claims arising from Client Materials you provide.

16. Third-Party Tools and Services

Our Services may integrate with or rely on third-party software, APIs, services, or platforms (e.g., payment gateways, cloud hosting providers, analytics tools, AI models).

No Warranties: We do not warrant the availability, functionality, or security of third-party services. Third-party tools are subject to their own terms and conditions.

No Liability: We are not responsible for:

• Performance or failures of third-party services;
• Changes to third-party APIs or pricing;
• Data breaches at third-party providers;
• Discontinuation of third-party services;
• Compliance issues with third-party tools.

Your Responsibility: You are responsible for reviewing and accepting the terms of any third-party services you use through our platform.

17. Open-Source Software Components

Our Services may incorporate open-source software components licensed under various open-source licenses (e.g., MIT, Apache 2.0, GPL).

License Compliance: We make reasonable efforts to comply with open-source license requirements. A list of open-source components may be provided upon request.

No Warranty: Open-source components are provided "as is" without warranties of any kind. We are not liable for issues arising from open-source software.

Your Obligations: If you receive source code containing open-source components, you must comply with applicable open-source licenses.

18. Software Licensing Terms

License Grant: Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

License Restrictions: You may not:

• Sublicense, sell, rent, lease, or transfer your license;
• Reverse engineer, decompile, or disassemble the software;
• Remove or alter proprietary notices or labels;
• Use the Services to develop competing products;
• Exceed usage limits specified in your subscription plan;
• Allow unauthorized third parties to access your account.

Termination of License: This license automatically terminates upon termination of these Terms, expiration of your subscription, or non-payment of fees.

19. Subscription Services (If Applicable)

Subscription Plans: Certain Services are offered on a subscription basis with recurring billing (monthly, annually, or other periods).

Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

Billing: You authorize us to charge your payment method on file for renewal fees. We will provide advance notice of upcoming charges where required by law.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

No Prorated Refunds: We do not provide prorated refunds for unused portions of subscription periods unless required by law.

Plan Changes: You may upgrade or downgrade your subscription plan. Changes take effect at the start of the next billing period.

20. Trial Services and Limitations

Free Trials: We may offer free trials of certain Services for a limited period. Trial periods, features, and limitations will be specified at the time of signup.

Trial Restrictions: During trial periods:

• Features may be limited compared to paid versions;
• Data storage or usage caps may apply;
• Support may be limited or unavailable;
• Service level agreements (SLAs) do not apply;
• We may terminate trials at any time without notice.

Conversion to Paid: At the end of the trial, your subscription may automatically convert to a paid plan unless you cancel. You will be notified before charges occur.

One Trial Per Customer: Free trials are typically limited to one per customer. Creating multiple accounts to access additional trials is prohibited.

21. Pricing and Payment Terms

Fees: You agree to pay all fees associated with the Services you purchase as specified in the applicable pricing page, proposal, or invoice.

Payment Methods: We accept payments via credit card, debit card, bank transfer, UPI, digital wallets, or other methods specified at checkout.

Currency: Unless otherwise stated, all prices are in Indian Rupees (INR). International clients may be quoted in USD or other currencies.

Payment Due: For custom development projects, payment schedules will be defined in the statement of work (typically milestone-based). For subscriptions, payment is due in advance of each billing period.

Price Changes: We reserve the right to modify pricing at any time. For subscriptions, price changes take effect at your next renewal. We will provide advance notice of price increases.

Failed Payments: If a payment fails, we may retry charging your payment method. Continued failure may result in service suspension.

22. Taxes and Government Charges

Tax Responsibility: All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for paying all taxes associated with your purchase, including:

• Goods and Services Tax (GST) in India;
• Value Added Tax (VAT) in applicable jurisdictions;
• Service tax or sales tax;
• Withholding tax for international payments;
• Import/export duties if applicable.

Indian Clients: We will collect and remit GST as required under Indian tax law. GST-registered businesses must provide their GSTIN for proper invoicing.

International Clients: You are responsible for any taxes or duties imposed by your country on payments to the Company.

Tax Compliance: We will provide tax invoices as required by law. You must provide accurate tax information to ensure compliance.

24. Late Payments and Suspension of Services

Payment Due Dates: All invoices must be paid by the due date specified. Failure to pay on time may result in:

• Late payment fees or interest charges;
• Suspension of Services until payment is received;
• Termination of Services and account closure;
• Collection efforts, including legal action;
• Reporting of non-payment to credit bureaus (where applicable).

Late Fees: Late payments may be subject to a fee of 2% per month (24% annually) or the maximum rate permitted by law, whichever is less.

Suspension Notice: We will provide reasonable notice before suspending Services for non-payment. However, we reserve the right to suspend immediately in cases of suspected fraud.

Reinstatement: Services suspended for non-payment will be reinstated only after all outstanding amounts, including late fees, are paid in full. Reinstatement fees may apply.

Collection Costs: You agree to reimburse the Company for all reasonable costs of collection, including attorney fees and court costs.

25. Project Timelines and Delivery

Estimated Timelines: Project timelines provided are estimates based on the information available at project initiation. Actual delivery dates may vary based on:

• Project complexity and scope changes;
• Client feedback and approval delays;
• Availability of required information or materials from Client;
• Technical challenges or unforeseen issues;
• Third-party dependencies;
• Force majeure events.

Best Efforts: We will make reasonable efforts to meet agreed timelines but do not guarantee delivery by specific dates unless explicitly stated in a written agreement.

Client Delays: If delays are caused by Client actions or inactions (failure to provide materials, delayed feedback, unavailability for meetings), timelines will be extended accordingly. Additional charges may apply if delays result in increased costs.

Milestone Delivery: For milestone-based projects, deliverables will be provided according to the agreed schedule. Payment for each milestone is due before proceeding to the next phase.

26. Change Requests and Scope Creep

Change Request Process: Changes to the agreed project scope must be requested in writing and are subject to Company approval.

Impact Assessment: We will assess the impact of requested changes on timeline, cost, and resources and provide a written estimate.

Additional Charges: Changes that expand the project scope, add features, or require additional work beyond the original agreement will result in additional fees.

Timeline Adjustments: Change requests may extend project timelines. Revised delivery dates will be communicated upon approval of changes.

Minor Changes: Minor adjustments that do not materially affect scope may be accommodated at no additional charge at the Company's discretion.

Scope Protection: To prevent scope creep, all significant feature additions or modifications require formal change request approval and payment before implementation.

27. Client Cooperation Obligations

Successful delivery of Services requires your cooperation. You agree to:

• Provide timely access to necessary systems, data, and resources;
• Assign a designated contact person for project communication;
• Provide required information, materials, and content in a timely manner;
• Review and provide feedback on deliverables within agreed timeframes;
• Make decisions and approvals promptly;
• Attend scheduled meetings and calls;
• Respond to questions and clarification requests;
• Test deliverables and report issues in a reasonable timeframe;
• Provide access to stakeholders for requirements gathering;
• Notify us of any concerns or issues as they arise.

Consequences of Non-Cooperation: Failure to fulfill cooperation obligations may result in project delays, additional costs, or project termination without refund.

28. Acceptance of Deliverables

Review Period: Upon delivery of project milestones or final deliverables, you will have a specified review period (typically 5-7 business days unless otherwise agreed) to test and evaluate the deliverables.

Acceptance: Deliverables will be deemed accepted if:

• You provide written acceptance;
• You make payment for the milestone;
• The review period expires without written objection;
• You begin using the deliverables in production;
• You request changes that constitute new scope.

Rejection: If deliverables do not conform to agreed specifications, you may reject them by providing detailed written feedback within the review period. We will make reasonable efforts to correct deficiencies.

Limitation on Rejections: Rejection must be based on material non-conformance with documented requirements, not subjective preferences or new requirements not previously communicated.

Final Acceptance: Once deliverables are accepted, they are considered complete. Subsequent requests for modifications will be treated as new work or change requests.

30. Performance Disclaimer

NO PERFORMANCE GUARANTEES: We do not guarantee specific performance levels, including but not limited to:

• Website or application loading speeds;
• Server uptime percentages (unless covered by a separate SLA);
• Scalability to specific user volumes;
• Response times for API requests;
• Database query performance;
• Search result accuracy or relevance;
• AI model accuracy or prediction quality;
• Conversion rates or user engagement metrics.

PERFORMANCE FACTORS: Performance depends on many factors outside our control, including your hosting infrastructure, network conditions, user device capabilities, third-party services, and traffic volumes.

OPTIMIZATION EFFORTS: We make reasonable efforts to optimize performance using industry best practices, but actual performance may vary based on usage patterns and environmental factors.

BENCHMARKING: Any performance benchmarks or estimates provided are for informational purposes only and are not guarantees of actual performance.

31. Security and Data Protection Disclaimer

Security Measures: We implement reasonable technical and organizational security measures to protect against unauthorized access, loss, or misuse of data. However, no system is completely secure.

NO GUARANTEE OF SECURITY: We do not guarantee that:

• The Services will be completely secure from unauthorized access;
• Data transmissions will be entirely secure;
• There will be no data breaches or security incidents;
• All vulnerabilities will be identified and patched;
• Third-party services we rely on will maintain security;
• Cyberattacks or hacking attempts will be prevented.

Your Security Responsibilities: You are responsible for:

• Maintaining strong passwords and access controls;
• Protecting your account credentials;
• Implementing appropriate security measures on your systems;
• Regularly backing up your data;
• Monitoring for suspicious activity;
• Promptly reporting security concerns.

Shared Responsibility: Security is a shared responsibility. While we secure our infrastructure, you must secure your access points and user behaviors.

33. Indemnification by Client

Your Indemnification Obligation: You agree to indemnify, defend, and hold harmless Debmedia Technologies LLP, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services;
• Your violation of these Terms;
• Your violation of any third-party rights, including intellectual property rights;
• Client Materials you provide that infringe third-party rights;
• Your violation of applicable laws or regulations;
• Any content you post, transmit, or make available through the Services;
• Unauthorized use of the Services by third parties using your account;
• False or misleading information you provide;
• Your negligence or willful misconduct;
• Any disputes with other users or third parties.

Defense and Settlement: We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully in the defense of any claim.

Notice: We will notify you of any claim subject to indemnification and give you reasonable opportunity to participate in the defense.

34. Indemnification by Company

Company's Indemnification Obligation: Subject to the limitations set forth herein, the Company will indemnify and hold you harmless from third-party claims alleging that the Services infringe a valid Indian patent, copyright, or trademark, provided that:

• You promptly notify us in writing of the claim;
• You grant us sole control over the defense and settlement;
• You provide reasonable cooperation in the defense;
• The claim does not arise from modifications you made to the Services;
• The claim does not arise from use of the Services in combination with non-approved third-party products;
• You were using the Services in compliance with these Terms.

Remedies: If the Services are found to infringe, or we reasonably believe they may infringe, we may at our option:

• Obtain a license for your continued use;
• Replace or modify the Services to make them non-infringing;
• Terminate your access and refund prepaid fees for the infringing portion.

Exclusions: This indemnification does not cover claims arising from:

• Client Materials you provide;
• Third-party content or services;
• Open-source components;
• Your modification of the Services;
• Your continued use after being notified of infringement.

SOLE REMEDY: This Section states our entire liability and your exclusive remedy for intellectual property infringement claims.

35. Force Majeure Events

Excused Performance: Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

• Acts of God (earthquakes, floods, storms, pandemics);
• War, terrorism, civil unrest, or government actions;
• Strikes, labor disputes, or transportation disruptions;
• Internet, telecommunications, or utility failures;
• Cyberattacks, hacking, or distributed denial of service attacks;
• Third-party service provider failures;
• Natural disasters or public health emergencies;
• Government orders, embargoes, or trade restrictions;
• Fire, explosion, or other catastrophes.

Notice: The affected party must promptly notify the other party of the force majeure event and its expected duration.

Mitigation: The affected party must use reasonable efforts to minimize the impact and resume performance as soon as practicable.

Termination: If a force majeure event continues for more than 90 days, either party may terminate the affected Services upon written notice.

No Liability: Neither party will be liable for delays or failures caused by force majeure events.

36. Confidentiality Obligations

Confidential Information: Both parties may have access to confidential information of the other party, including trade secrets, business plans, technical data, customer information, pricing, and proprietary methodologies.

Protection Obligations: Each party agrees to:

• Maintain confidentiality using the same care as for its own confidential information, but no less than reasonable care;
• Not disclose confidential information to third parties without written consent;
• Use confidential information only for purposes of the Services;
• Limit access to employees, contractors, or agents with a need to know;
• Ensure recipients are bound by similar confidentiality obligations.

Exceptions: Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was rightfully known before disclosure;
• Is independently developed without use of confidential information;
• Is received from a third party without breach of confidentiality obligations;
• Must be disclosed pursuant to law, court order, or government request (with notice to disclosing party where possible).

Duration: Confidentiality obligations survive termination of these Terms for a period of three (3) years.

38. Personal Data Processing

Data Controller and Processor Roles:

Company as Data Controller: For data collected about users of our Services, Debmedia Technologies LLP acts as the data controller, determining purposes and means of processing.

Company as Data Processor: For custom development projects where you provide personal data of your customers/users, we act as a data processor on your behalf. You retain responsibility as the data controller.

Data Processing Agreement: For enterprise clients or where required by law, we will enter into a separate Data Processing Agreement (DPA) governing our processing of your customer data.

International Transfers: If data is transferred outside India, we ensure appropriate safeguards are in place, such as:

• Standard contractual clauses;
• Adequacy decisions by relevant authorities;
• Data localization compliance where required;
• Your explicit consent where necessary.

Data Security: We implement technical and organizational measures including:

• Encryption of data in transit and at rest;
• Access controls and authentication;
• Regular security assessments;
• Employee training on data protection;
• Incident response procedures.

39. Data Retention and Deletion Policy

Retention Periods: We retain personal data only for as long as necessary to:

• Provide the Services you requested;
• Comply with legal, tax, or accounting obligations;
• Resolve disputes and enforce our agreements;
• Maintain business records for audit purposes;
• Protect our legal rights and defend against claims.

Typical Retention Periods:

• Active account data: Duration of subscription plus 90 days;
• Payment records: 7 years (for tax compliance);
• Project documentation: 3 years after project completion;
• Support communications: 2 years;
• Analytics data: 2 years;
• Marketing data: Until consent is withdrawn plus 1 year.

Data Deletion: Upon account termination or data deletion request, we will:

• Delete or anonymize personal data within 30 days;
• Retain data required for legal compliance;
• Retain aggregated, anonymized data for analytics;
• Remove data from active systems but may remain in backups for 90 days.

Right to Deletion: You may request deletion of your data by contacting us at hello@debmediatechnologies.com. We will honor requests subject to legal retention requirements.

Backup Retention: Deleted data may persist in backups for up to 90 days and will be permanently deleted during the next backup cycle.

40. Cybersecurity Responsibilities

Company's Responsibilities:

• Implement industry-standard security practices;
• Monitor for security threats and vulnerabilities;
• Apply security patches and updates promptly;
• Conduct regular security assessments;
• Maintain incident response procedures;
• Train employees on security best practices;
• Use encryption for sensitive data;
• Implement access controls and authentication.

Your Responsibilities:

• Use strong, unique passwords for your account;
• Enable two-factor authentication where available;
• Keep your login credentials confidential;
• Promptly report security incidents or suspicious activity;
• Ensure your devices and networks are secure;
• Use updated browsers and operating systems;
• Do not share account access with unauthorized parties;
• Implement appropriate security measures on your end;
• Regularly review account activity for unauthorized access;
• Comply with security policies and guidelines we provide.

Shared Security Model: Security requires cooperation from both parties. We secure the platform infrastructure; you secure your access and usage.

31. Security and Data Protection Disclaimer

Security Measures: We implement reasonable technical and organizational security measures to protect against unauthorized access, loss, or misuse of data. However, no system is completely secure.

NO GUARANTEE OF SECURITY: We do not guarantee that:

• The Services will be completely secure from unauthorized access;
• Data transmissions will be entirely secure;
• There will be no data breaches or security incidents;
• All vulnerabilities will be identified and patched;
• Third-party services we rely on will maintain security;
• Cyberattacks or hacking attempts will be prevented.

Your Security Responsibilities: You are responsible for:

• Maintaining strong passwords and access controls;
• Protecting your account credentials;
• Implementing appropriate security measures on your systems;
• Regularly backing up your data;
• Monitoring for suspicious activity;
• Promptly reporting security concerns.

Shared Responsibility: Security is a shared responsibility. While we secure our infrastructure, you must secure your access points and user behaviors.

33. Indemnification by Client

Your Indemnification Obligation: You agree to indemnify, defend, and hold harmless Debmedia Technologies LLP, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services;
• Your violation of these Terms;
• Your violation of any third-party rights, including intellectual property rights;
• Client Materials you provide that infringe third-party rights;
• Your violation of applicable laws or regulations;
• Any content you post, transmit, or make available through the Services;
• Unauthorized use of the Services by third parties using your account;
• False or misleading information you provide;
• Your negligence or willful misconduct;
• Any disputes with other users or third parties.

Defense and Settlement: We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully in the defense of any claim.

Notice: We will notify you of any claim subject to indemnification and give you reasonable opportunity to participate in the defense.

34. Indemnification by Company

Company's Indemnification Obligation: Subject to the limitations set forth herein, the Company will indemnify and hold you harmless from third-party claims alleging that the Services infringe a valid Indian patent, copyright, or trademark, provided that:

• You promptly notify us in writing of the claim;
• You grant us sole control over the defense and settlement;
• You provide reasonable cooperation in the defense;
• The claim does not arise from modifications you made to the Services;
• The claim does not arise from use of the Services in combination with non-approved third-party products;
• You were using the Services in compliance with these Terms.

Remedies: If the Services are found to infringe, or we reasonably believe they may infringe, we may at our option:

• Obtain a license for your continued use;
• Replace or modify the Services to make them non-infringing;
• Terminate your access and refund prepaid fees for the infringing portion.

Exclusions: This indemnification does not cover claims arising from:

• Client Materials you provide;
• Third-party content or services;
• Open-source components;
• Your modification of the Services;
• Your continued use after being notified of infringement.

SOLE REMEDY: This Section states our entire liability and your exclusive remedy for intellectual property infringement claims.

35. Force Majeure Events

Excused Performance: Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

• Acts of God (earthquakes, floods, storms, pandemics);
• War, terrorism, civil unrest, or government actions;
• Strikes, labor disputes, or transportation disruptions;
• Internet, telecommunications, or utility failures;
• Cyberattacks, hacking, or distributed denial of service attacks;
• Third-party service provider failures;
• Natural disasters or public health emergencies;
• Government orders, embargoes, or trade restrictions;
• Fire, explosion, or other catastrophes.

Notice: The affected party must promptly notify the other party of the force majeure event and its expected duration.

Mitigation: The affected party must use reasonable efforts to minimize the impact and resume performance as soon as practicable.

Termination: If a force majeure event continues for more than 90 days, either party may terminate the affected Services upon written notice.

No Liability: Neither party will be liable for delays or failures caused by force majeure events.

36. Confidentiality Obligations

Confidential Information: Both parties may have access to confidential information of the other party, including trade secrets, business plans, technical data, customer information, pricing, and proprietary methodologies.

Protection Obligations: Each party agrees to:

• Maintain confidentiality using the same care as for its own confidential information, but no less than reasonable care;
• Not disclose confidential information to third parties without written consent;
• Use confidential information only for purposes of the Services;
• Limit access to employees, contractors, or agents with a need to know;
• Ensure recipients are bound by similar confidentiality obligations.

Exceptions: Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was rightfully known before disclosure;
• Is independently developed without use of confidential information;
• Is received from a third party without breach of confidentiality obligations;
• Must be disclosed pursuant to law, court order, or government request (with notice to disclosing party where possible).

Duration: Confidentiality obligations survive termination of these Terms for a period of three (3) years.

38. Personal Data Processing

Data Controller and Processor Roles:

Company as Data Controller: For data collected about users of our Services, Debmedia Technologies LLP acts as the data controller, determining purposes and means of processing.

Company as Data Processor: For custom development projects where you provide personal data of your customers/users, we act as a data processor on your behalf. You retain responsibility as the data controller.

Data Processing Agreement: For enterprise clients or where required by law, we will enter into a separate Data Processing Agreement (DPA) governing our processing of your customer data.

International Transfers: If data is transferred outside India, we ensure appropriate safeguards are in place, such as:

• Standard contractual clauses;
• Adequacy decisions by relevant authorities;
• Data localization compliance where required;
• Your explicit consent where necessary.

Data Security: We implement technical and organizational measures including:

• Encryption of data in transit and at rest;
• Access controls and authentication;
• Regular security assessments;
• Employee training on data protection;
• Incident response procedures.

39. Data Retention and Deletion Policy

Retention Periods: We retain personal data only for as long as necessary to:

• Provide the Services you requested;
• Comply with legal, tax, or accounting obligations;
• Resolve disputes and enforce our agreements;
• Maintain business records for audit purposes;
• Protect our legal rights and defend against claims.

Typical Retention Periods:

• Active account data: Duration of subscription plus 90 days;
• Payment records: 7 years (for tax compliance);
• Project documentation: 3 years after project completion;
• Support communications: 2 years;
• Analytics data: 2 years;
• Marketing data: Until consent is withdrawn plus 1 year.

Data Deletion: Upon account termination or data deletion request, we will:

• Delete or anonymize personal data within 30 days;
• Retain data required for legal compliance;
• Retain aggregated, anonymized data for analytics;
• Remove data from active systems but may remain in backups for 90 days.

Right to Deletion: You may request deletion of your data by contacting us at hello@debmediatechnologies.com. We will honor requests subject to legal retention requirements.

Backup Retention: Deleted data may persist in backups for up to 90 days and will be permanently deleted during the next backup cycle.

40. Cybersecurity Responsibilities

Company's Responsibilities:

• Implement industry-standard security practices;
• Monitor for security threats and vulnerabilities;
• Apply security patches and updates promptly;
• Conduct regular security assessments;
• Maintain incident response procedures;
• Train employees on security best practices;
• Use encryption for sensitive data;
• Implement access controls and authentication.

Your Responsibilities:

• Use strong, unique passwords for your account;
• Enable two-factor authentication where available;
• Keep your login credentials confidential;
• Promptly report security incidents or suspicious activity;
• Ensure your devices and networks are secure;
• Use updated browsers and operating systems;
• Do not share account access with unauthorized parties;
• Implement appropriate security measures on your end;
• Regularly review account activity for unauthorized access;
• Comply with security policies and guidelines we provide.

Shared Security Model: Security requires cooperation from both parties. We secure the platform infrastructure; you secure your access and usage.

41. Incident Response and Breach Notification

Incident Response Plan: We maintain an incident response plan to address security incidents, data breaches, or service disruptions.

Breach Notification: In the event of a data breach affecting your personal data, we will:

• Investigate the incident promptly;
• Notify affected users within 72 hours of becoming aware (as required by law);
• Provide information about the breach, affected data, and remedial actions;
• Cooperate with regulatory authorities;
• Take steps to prevent future incidents.

Your Obligations: If you become aware of any security incident or unauthorized access, you must notify us immediately at security@debmediatechnologies.com.

Cooperation: Both parties agree to cooperate in investigating and resolving security incidents.

42. Backup and Disaster Recovery Disclaimer

Backup Practices: We perform regular backups of data as part of our standard operating procedures. However, we do not guarantee:

• That all data will be backed up at all times;
• Specific backup frequency or retention periods;
• Successful restoration of data in all circumstances;
• Zero data loss in disaster scenarios;
• Specific recovery time objectives (RTO) or recovery point objectives (RPO).

YOUR RESPONSIBILITY: You are solely responsible for maintaining your own backups of critical data. Do not rely solely on our backup systems.

Disaster Recovery: We maintain disaster recovery procedures but do not guarantee specific recovery times or outcomes. Service restoration will be performed on a best-efforts basis.

No Liability: We are not liable for data loss, corruption, or inability to restore data except where caused by our gross negligence or willful misconduct.

43. Intellectual Property Infringement Claims

Reporting Infringement: If you believe that content on our Services infringes your intellectual property rights, please notify us at legal@debmediatechnologies.com with the following information:

• Identification of the copyrighted work or intellectual property claimed to be infringed;
• Identification of the infringing material and its location on our Services;
• Your contact information (name, address, email, phone);
• A statement that you have a good faith belief that the use is not authorized;
• A statement that the information in the notification is accurate;
• Your physical or electronic signature.

Counter-Notification: If you believe content was removed in error, you may submit a counter-notification with supporting evidence.

Response Time: We will investigate infringement claims and respond within 7-14 business days. Infringing content may be removed pending investigation.

Repeat Infringers: We may terminate accounts of users who repeatedly infringe intellectual property rights.

44. Trademark Usage Policy

Company Trademarks: "Debmedia Technologies," "Debmedia," our logo, and other marks are trademarks of Debmedia Technologies LLP. You may not use these trademarks without our prior written permission.

Prohibited Uses: You may not:

• Use our trademarks in a way that implies endorsement or affiliation without permission;
• Use our trademarks in your company name, product names, or domain names;
• Modify, distort, or alter our trademarks;
• Use our trademarks in a manner that disparages or tarnishes our reputation;
• Register trademarks confusingly similar to ours;
• Use our trademarks in meta tags, keywords, or hidden text for SEO purposes.

Permitted Uses: You may reference our company name in factual statements (e.g., "powered by Debmedia Technologies") with proper attribution, provided it does not imply endorsement.

Third-Party Trademarks: Third-party trademarks mentioned on our website are the property of their respective owners. No endorsement is implied.

45. Publicity and Portfolio Rights

Portfolio Usage: Unless otherwise agreed in writing, we reserve the right to:

• Display your company name and logo in our client list;
• Create case studies describing our work for you (subject to confidentiality);
• Include screenshots or descriptions of deliverables in our portfolio;
• Reference the engagement in proposals to prospective clients;
• Use the project for marketing and promotional purposes.

Confidential Projects: If you require confidentiality regarding our engagement, please notify us in writing. We will honor reasonable confidentiality requests.

Approval Process: For sensitive projects, we will seek your approval before publishing case studies or portfolio items.

Removal Requests: You may request removal of your company from our portfolio at any time. We will comply within 30 days.

46. Testimonials and Reviews

Use of Testimonials: If you provide testimonials, reviews, or feedback about our Services, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display such content for marketing purposes.

Authenticity: All testimonials displayed on our website are genuine and provided by actual clients. We do not fabricate or materially alter testimonials.

Your Testimonials: By providing a testimonial, you represent that:

• The testimonial reflects your honest opinion and experience;
• You have the authority to provide the testimonial;
• The testimonial does not contain false or misleading statements;
• You were not compensated specifically for providing the testimonial (though you may have been a paid client).

Removal: You may request removal of your testimonial at any time by contacting us.

47. Marketing Communications

Promotional Emails: By providing your email address, you may receive marketing communications from us, including:

• Newsletters and product updates;
• Promotional offers and discounts;
• Educational content and resources;
• Event invitations and webinar announcements;
• Company news and announcements.

Consent: Where required by law, we will obtain your explicit consent before sending marketing communications.

Opt-Out: You can opt out of marketing emails at any time by:

• Clicking the "unsubscribe" link in any marketing email;
• Updating your email preferences in your account settings;
• Contacting us at hello@debmediatechnologies.com.

Transactional Emails: You cannot opt out of essential service-related emails (account notifications, payment receipts, security alerts), as these are necessary for the Services.

48. Email and SMS Communication Consent

Communication Channels: By using our Services, you consent to receive communications from us via:

• Email to your registered email address;
• SMS/text messages to your registered phone number (if provided);
• In-app notifications;
• Push notifications (if you enable them).

Types of Communications:

• Service Messages: Account updates, password resets, payment confirmations, security alerts;
• Transactional Messages: Order confirmations, invoices, project status updates;
• Marketing Messages: Promotional offers, newsletters, product announcements (opt-in where required);
• Support Messages: Responses to your inquiries, technical assistance.

SMS Consent: If you provide your phone number, you consent to receive SMS messages. Standard message and data rates may apply. You can opt out of SMS by replying "STOP" to any message.

Frequency: Marketing message frequency varies but typically does not exceed 4 messages per month unless you opt into specific campaigns.

49. WhatsApp and Messaging Consent

WhatsApp Communication: We may offer customer support, project updates, and communication via WhatsApp or other messaging platforms.

Consent: By providing your WhatsApp number or initiating contact via WhatsApp, you consent to receive messages from us on that platform.

Types of Messages:

• Customer support responses;
• Project status updates and delivery notifications;
• Appointment reminders and meeting confirmations;
• Important service announcements;
• Promotional messages (with explicit consent).

Opt-Out: You can stop receiving WhatsApp messages by:

• Replying "STOP" to any message;
• Blocking our number on WhatsApp;
• Contacting us to remove your number from our list.

Third-Party Platform: WhatsApp is operated by Meta Platforms, Inc. Communications via WhatsApp are subject to WhatsApp's terms of service and privacy policy. We are not responsible for WhatsApp's practices or availability.

50. Cookies and Tracking Technologies

Use of Cookies: We use cookies and similar tracking technologies (web beacons, pixels, local storage) to enhance your experience, analyze usage, and deliver personalized content.

Types of Cookies:

• Essential Cookies: Necessary for website functionality (authentication, security, load balancing);
• Performance Cookies: Collect anonymous analytics data (page views, session duration, error tracking);
• Functional Cookies: Remember your preferences (language, theme, settings);
• Advertising Cookies: Track your activity for targeted advertising (with your consent where required).

Cookie Consent: Where required by law, we will obtain your consent before placing non-essential cookies. You can manage cookie preferences through our cookie banner or browser settings.

Third-Party Cookies: We may use third-party services that set their own cookies, including:

• Google Analytics for website analytics;
• Facebook Pixel for advertising;
• Payment processors for transaction processing;
• CDN providers for content delivery.

Managing Cookies: You can control cookies through your browser settings. Disabling essential cookies may impact website functionality.

Do Not Track: Some browsers support "Do Not Track" signals. We do not currently respond to Do Not Track signals, but you can disable tracking through cookie preferences.

For more details, please see our Cookie Policy at [Cookie Policy URL].

52. AI Model Accuracy and Output Disclaimer

Model Performance: AI model accuracy varies based on numerous factors including data quality, domain specificity, and use case. Reported accuracy metrics (precision, recall, F1 score) are based on test datasets and may not reflect real-world performance.

Output Variability: AI outputs may vary between runs due to:

• Randomness in model processing;
• Changes in input data or context;
• Model updates or retraining;
• Infrastructure variability.

No Consistency Guarantee: We do not guarantee that AI will produce identical outputs for identical inputs at different times.

53. Content Generated by AI Tools

Ownership of AI-Generated Content: Ownership of content generated using our AI tools depends on the service type and applicable agreements:

For SaaS/Subscription Services:

• You retain ownership of prompts/inputs you provide;
• You own the outputs generated by AI based on your inputs;
• We retain ownership of the underlying AI models and technology;
• Outputs may be similar to content generated for other users due to the nature of AI.

Content Similarity: AI models may generate similar or identical outputs for different users given similar prompts. We do not guarantee uniqueness of AI-generated content.

Third-Party Rights: You are responsible for ensuring AI-generated content does not infringe third-party intellectual property rights. AI may inadvertently reproduce copyrighted material present in training data.

Your Obligations: When using AI-generated content, you must:

• Review outputs for accuracy, appropriateness, and legal compliance;
• Verify that outputs do not infringe third-party rights;
• Add appropriate disclaimers if required by law;
• Not present AI-generated content as human-created where disclosure is required;
• Comply with platform-specific policies (e.g., social media disclosure requirements).

No Copyright Guarantee: We cannot guarantee that AI-generated content is eligible for copyright protection. Copyright laws regarding AI-generated works are evolving and vary by jurisdiction.

54. Human Review Responsibility

Mandatory Human Oversight: You acknowledge and agree that AI-generated outputs require human review, validation, and correction before use in production environments or critical applications.

High-Risk Applications: For high-risk applications (healthcare, legal, financial, safety-critical systems), you must implement rigorous human review processes including:

• Expert review by qualified professionals;
• Multi-stage validation and testing;
• Documentation of review and approval;
• Periodic audits of AI system performance;
• Clear accountability and oversight procedures.

No Substitute for Professional Judgment: AI Services are tools to assist human decision-making, not replacements for professional expertise, judgment, or accountability.

Your Liability: You assume full responsibility and liability for decisions made based on AI outputs, regardless of whether human review was conducted. We are not liable for consequences of your reliance on AI-generated content.

Documentation: For regulated industries, you should maintain records of human review processes, validation results, and decision rationale.

55. Ethical Use of Services

Ethical Principles: We are committed to responsible AI development and expect users to employ our Services ethically. You agree not to use the Services to:

Prohibited Uses:

• Create or disseminate misinformation, disinformation, or fake news;
• Generate deepfakes, manipulated media, or deceptive content without disclosure;
• Impersonate individuals or organizations;
• Create content that promotes hate speech, discrimination, or violence;
• Develop weapons, surveillance systems, or tools for oppression;
• Manipulate or deceive users through AI-generated personas or chatbots;
• Generate spam, phishing content, or malicious code;
• Bypass content moderation or safety systems;
• Create non-consensual intimate imagery or content;
• Generate content that violates privacy rights or exploits vulnerable individuals;
• Automate decisions that discriminate based on protected characteristics;
• Use AI to manipulate financial markets or spread false information for profit.

Responsible AI Use: You should:

• Consider potential harms and unintended consequences of AI applications;
• Implement safeguards against misuse and abuse;
• Be transparent about AI use where appropriate;
• Respect user privacy and data rights;
• Comply with ethical guidelines in your industry;
• Monitor AI systems for bias, errors, and unexpected behaviors;
• Provide recourse mechanisms for users affected by AI decisions.

Enforcement: We reserve the right to suspend or terminate accounts engaging in unethical use of our Services.

56. Restricted Industries and Use Cases

High-Risk Restrictions: Our Services may not be suitable for, and we explicitly disclaim use in, the following contexts without additional agreements and safeguards:

Prohibited or Restricted Use Cases:

• Healthcare: Medical diagnosis, treatment recommendations, prescription decisions, clinical decision support without licensed professional oversight;
• Legal Services: Providing legal advice, drafting binding legal documents, court filings without attorney review;
• Financial Services: Automated investment advice, credit decisions, insurance underwriting without human oversight and regulatory compliance;
• Critical Safety Systems: Aviation, automotive safety, medical devices, industrial control systems, emergency response;
• Law Enforcement: Predictive policing, criminal risk assessment, facial recognition for law enforcement purposes;
• Government Benefits: Automated decisions on welfare, immigration, housing, or other public benefits;
• Employment: Fully automated hiring, firing, or promotion decisions without human review;
• Education: Automated grading of subjective work, student evaluation, or academic decisions without educator review;
• Children: Services directed at children under 13 without parental consent and appropriate safeguards.

Additional Requirements: If you use our Services in regulated industries, you are responsible for:

• Obtaining all necessary licenses and approvals;
• Implementing required safeguards and human oversight;
• Complying with industry-specific regulations;
• Conducting appropriate validation and testing;
• Maintaining adequate insurance coverage;
• Providing required disclosures to end users.

Consultation Required: Contact us before deploying our Services in high-risk or regulated environments to discuss appropriate safeguards and agreements.

57. Export Control and Sanctions Compliance

Export Restrictions: Our Services and technology may be subject to export control laws of India, the United States, and other jurisdictions. You agree to comply with all applicable export control regulations.

Prohibited Destinations: You may not access or use the Services from countries or territories subject to comprehensive sanctions or embargoes, including but not limited to:

• Countries designated by the United Nations, United States, European Union, or India as sanctioned;
• Territories where use would violate international sanctions;
• Regions subject to comprehensive trade restrictions.

Prohibited Persons: You represent that you are not:

• Listed on any government sanctions list (SDN, Entity List, Denied Persons List);
• Owned or controlled by sanctioned persons or entities;
• Acting on behalf of sanctioned parties;
• Engaged in activities prohibited by export control laws.

Prohibited End Uses: You may not use the Services for:

• Development, production, or use of weapons of mass destruction;
• Military or defense applications without appropriate licenses;
• Nuclear, chemical, or biological weapons programs;
• Missile technology development;
• Any purpose prohibited under export control regulations.

Compliance Responsibility: You are solely responsible for determining whether your use complies with export control laws and obtaining any necessary licenses or authorizations.

Violation Consequences: Violation of export control laws may result in immediate termination, reporting to authorities, and legal action.

58. Government Clients and Special Terms

Government Customers: If you are a government entity, government contractor, or public sector organization, additional terms may apply.

Procurement Compliance: Government clients must ensure use of our Services complies with applicable procurement regulations, including:

• Competitive bidding requirements;
• Budget and appropriation limitations;
• Data sovereignty and localization requirements;
• Security clearance and vetting procedures;
• Audit and oversight obligations.

Data Handling: Government clients must:

• Classify data appropriately before uploading to our Services;
• Not upload classified, secret, or top-secret information unless under specific agreement;
• Ensure compliance with government data handling policies;
• Obtain necessary approvals for cloud services use.

Separate Agreements: Government contracts may require separate terms, security certifications, or compliance documentation. Contact our sales team for government-specific agreements.

59. Education and Training Services

Training Programs: We offer corporate training, workshops, and educational programs on software development, AI, and technology topics.

Course Materials: Training materials, presentations, code samples, and documentation provided are:

• For educational purposes only;
• Subject to our intellectual property rights;
• Licensed for internal use by enrolled participants;
• Not to be redistributed, resold, or publicly shared without permission.

Certifications: Any certificates or credentials issued by us:

• Indicate completion of specific training programs;
• Do not guarantee employment or specific job outcomes;
• Are not accredited by government or regulatory bodies unless explicitly stated;
• May have expiration dates or require renewal;
• Can be revoked for policy violations or misrepresentation.

No Guarantee of Results: We do not guarantee that training will result in specific skills, job placement, salary increases, or career advancement. Learning outcomes depend on individual effort and circumstances.

Cancellation and Rescheduling:

• Training cancellations with 7+ days notice: Full refund or reschedule;
• Cancellations within 7 days: No refund, may reschedule (subject to availability);
• No-shows: No refund or rescheduling;
• Company-initiated cancellations: Full refund or alternative date offered.

60. Consulting and Advisory Services Disclaimer

Nature of Consulting Services: Our consulting and advisory services provide technology guidance, architecture recommendations, and strategic advice based on our expertise and experience.

NO GUARANTEE OF RESULTS: Consulting services are provided on a best-efforts basis. We do not guarantee:

• Specific business outcomes or results;
• Cost savings or revenue increases;
• Successful implementation of recommendations;
• Compatibility with your specific environment;
• That recommendations will solve all problems;
• Performance improvements or efficiency gains.

Recommendations Only: Our advice constitutes recommendations based on information available at the time. We are not responsible for:

• Your decisions to implement or not implement recommendations;
• Changes in technology, market conditions, or requirements after advice is given;
• Accuracy or completeness of information you provide;
• Actions of third-party vendors or service providers;
• Unforeseen technical challenges or integration issues.

Not Professional Services: Unless explicitly stated otherwise:

• We are not providing legal, financial, accounting, or medical advice;
• We are not licensed professionals in regulated fields (law, medicine, accounting);
• You should consult appropriate licensed professionals for specialized advice;
• Our advice should not be relied upon as a substitute for professional services.

Implementation Responsibility: You are solely responsible for:

• Evaluating the suitability of recommendations for your situation;
• Deciding whether and how to implement advice;
• Testing and validating any implementations;
• Ensuring compliance with your legal and regulatory obligations;
• Outcomes and consequences of implementation decisions.

Time-Sensitive Advice: Technology recommendations may become outdated due to rapid industry changes. Advice should be implemented in a reasonable timeframe and re-evaluated as needed.

Documentation: Consulting deliverables (reports, presentations, documentation) are for your internal use only and may not be shared with third parties or used for purposes beyond the original engagement without our permission.

61. No Guarantee of Business Results

BUSINESS OUTCOME DISCLAIMER: We do not warrant, guarantee, or make any representations regarding business outcomes, financial results, or commercial success from using our Services.

No Guarantees Of:

• Revenue increases, sales growth, or profit margins;
• Cost savings or operational efficiency improvements;
• Market share gains or competitive advantages;
• Customer acquisition, retention, or satisfaction rates;
• Website traffic, conversion rates, or user engagement;
• Search engine rankings or SEO performance;
• Return on investment (ROI) or payback periods;
• Successful fundraising or business valuations;
• Regulatory approvals or compliance certifications;
• Achievement of specific business objectives or KPIs.

Your Success Depends On: Business results depend on numerous factors beyond our control, including market conditions, competition, your business model, management decisions, economic factors, regulatory changes, and execution quality.

Case Studies and Testimonials: Any case studies, testimonials, or success stories presented are individual results and do not guarantee similar outcomes for your business. Past performance is not indicative of future results.

62. Non-Solicitation Clause

Employee Non-Solicitation: During the term of these Terms and for twelve (12) months thereafter, you agree not to:

• Solicit, recruit, or hire any employee, contractor, or consultant of the Company;
• Encourage any Company employee to leave their employment;
• Induce any Company personnel to work for you or a third party;
• Interfere with the Company's relationships with its personnel.

Client Non-Solicitation: You agree not to solicit or recruit Company clients or customers that you become aware of through the Services for competing purposes.

Exceptions: This does not prohibit:

• General job postings or advertisements not specifically targeted at Company personnel;
• Hiring personnel who independently apply without solicitation;
• Engaging former employees after 12 months from their departure from the Company.

Liquidated Damages: Breach of this non-solicitation clause may result in liquidated damages equal to six (6) months of the recruited person's annual compensation, plus reasonable attorney fees.

63. Non-Competition Disclaimer

No Non-Compete Obligation: These Terms do not create non-competition obligations. You are free to:

• Develop or use competing products or services;
• Engage other vendors or service providers;
• Build in-house capabilities that replicate our Services;
• Offer services in the same industry or market.

Company's Right to Compete: Similarly, we reserve the right to:

• Serve your competitors or businesses in the same industry;
• Develop products or features similar to your requests;
• Incorporate learnings from your project into our general offerings;
• Use similar technologies, methodologies, or approaches for other clients.

Confidentiality Preserved: While we may compete, we will maintain confidentiality of your proprietary information as set forth in Section 36.

64. Independent Contractor Relationship

Independent Contractors: The relationship between you and Debmedia Technologies LLP is that of independent contractors. These Terms do not create:

• An employment relationship;
• A partnership, joint venture, or agency relationship;
• A franchise or distributor relationship;
• Any fiduciary duties between the parties;
• Authority for either party to bind the other.

No Authority to Bind: Neither party has authority to make commitments, incur obligations, or enter into contracts on behalf of the other party.

Tax Treatment: Each party is responsible for its own taxes, social security, insurance, and compliance with employment laws for its personnel.

No Employee Benefits: You are not entitled to any employee benefits from the Company, including health insurance, retirement plans, paid leave, or other employment-related benefits.

65. No Partnership or Joint Venture

No Partnership: Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between you and the Company.

No Shared Liability: Neither party shall be liable for the debts, obligations, or liabilities of the other party.

No Profit Sharing: There is no agreement to share profits, losses, or revenues between the parties.

Independent Business Operations: Each party operates its own independent business and makes its own business decisions.

66. Assignment of Rights

Company's Right to Assign: We may assign, transfer, or delegate our rights and obligations under these Terms to:

• An affiliate or subsidiary company;
• A successor in interest in connection with a merger, acquisition, or sale of business;
• A third-party service provider for operational purposes;
• Any other party with your consent or as permitted by law.

Your Assignment Restrictions: You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent, except:

• To a successor entity in connection with a merger or acquisition (with notice to us);
• To an affiliate under your common control (with notice to us).

Invalid Assignments: Any attempted assignment in violation of this section is void and of no effect.

Effect of Assignment: Upon valid assignment, these Terms bind and benefit the assignee as if they were the original party.

67. Subcontracting Rights

Right to Subcontract: We reserve the right to subcontract any portion of the Services to qualified third-party contractors, freelancers, or service providers.

Our Responsibility: We remain responsible for:

• Quality of work performed by subcontractors;
• Ensuring subcontractors comply with these Terms;
• Managing and coordinating subcontractor activities;
• Payment to subcontractors (you pay only us);
• Maintaining confidentiality through appropriate agreements.

Subcontractor Confidentiality: All subcontractors will be bound by confidentiality obligations equivalent to those in these Terms.

Your Approval: For enterprise clients or sensitive projects, we may obtain your approval before engaging specific subcontractors, as defined in your service agreement.

68. Survival of Clauses

Post-Termination Survival: The following sections survive termination or expiration of these Terms:

• Section 13-14: Intellectual Property Rights and Ownership;
• Section 23: Refund and Cancellation Policy;
• Section 29-32: Warranty Disclaimers and Limitation of Liability;
• Section 33-34: Indemnification obligations;
• Section 36: Confidentiality (for 3 years);
• Section 37-39: Data Protection provisions;
• Section 75-79: Dispute Resolution and Jurisdiction;
• Section 82-84: Severability, Waiver, Entire Agreement;
• Any other provisions that by their nature should survive.

Accrued Rights: Termination does not affect any rights or liabilities that accrued before termination.

69. Term and Termination

Term: These Terms commence when you first use the Services and continue until terminated as provided herein.

Subscription Term: For subscription services, the term continues for the subscription period (monthly, annual, etc.) and automatically renews unless cancelled.

Project Term: For custom development projects, the term continues until project completion and final payment, or earlier termination as provided.

Perpetual Elements: Certain licenses or rights may be perpetual (e.g., ownership of custom code after full payment) and survive termination as specified in your agreement.

70. Termination for Convenience

Your Right to Terminate:

• Subscriptions: Cancel anytime through account settings or by contacting us. Termination effective at end of current billing period.
• Custom Projects: Terminate with written notice. You pay for all work completed plus reasonable wind-down costs.
• Consulting: Terminate with 7 days notice. Pay for completed work and scheduled sessions.

Company's Right to Terminate: We may terminate your access to Services with 30 days notice for any reason, including:

• Discontinuation of a Service;
• Business restructuring;
• Regulatory requirements;
• Any other legitimate business reason.

Refund on Company Termination: If we terminate for convenience (not for cause), we will provide prorated refunds for prepaid subscription fees.

71. Termination for Breach

Immediate Termination: We may immediately terminate your access without notice for:

• Non-payment of fees;
• Violation of prohibited activities (Section 11);
• Fraud, deception, or misrepresentation;
• Unauthorized access or security breaches;
• Infringement of intellectual property rights;
• Use of Services for illegal purposes;
• Violation of export control laws;
• Threats to security, integrity, or availability of Services;
• Abuse of support or other Company personnel;
• Violation of ethical use policies.

Termination with Notice: For other material breaches, we will provide written notice and opportunity to cure within 7 days. If not cured, we may terminate immediately thereafter.

No Refund on Breach Termination: Termination for breach does not entitle you to refunds. All outstanding fees remain due and payable.

Your Termination Right: You may terminate for our material breach if we fail to cure within 30 days of written notice. You may be entitled to prorated refunds for undelivered Services.

72. Effects of Termination

Upon Termination:

• Your right to access and use the Services immediately ceases;
• Your account will be deactivated or deleted;
• All outstanding fees become immediately due and payable;
• You must cease using any Company intellectual property;
• You must cease representing yourself as a client or user;
• License grants terminate (except for perpetual licenses already paid for);
• Obligations that survive (per Section 68) remain in effect.

Return of Materials: Upon request, each party will return or destroy confidential information of the other party (except as required for legal compliance or as permitted by these Terms).

Final Invoice: We will provide a final invoice for all services rendered through the termination date.

73. Data Access After Termination

Data Export Period: For subscription services, you have 30 days after termination to export your data through available export tools.

Data Deletion: After the export period:

• Your data will be deleted from active systems within 30 days;
• Data may persist in backups for up to 90 days;
• We will not be obligated to retrieve or restore deleted data;
• Aggregated, anonymized data may be retained indefinitely.

No Data Access After Deletion: Once deleted, we cannot recover your data. Ensure you export all necessary data before the export period expires.

Data Retention for Legal Compliance: We may retain certain data as required by law (e.g., payment records for tax purposes) even after deletion of your account.

74. Post-Termination Obligations

Your Obligations: After termination, you must:

• Pay all outstanding fees and charges;
• Cease using our Services and intellectual property;
• Remove any integrations or dependencies on our Services;
• Delete any cached or stored data from our APIs;
• Stop representing yourself as a current client;
• Comply with confidentiality obligations;
• Return or destroy Company confidential information.

Company Obligations: After termination, we will:

• Provide the data export period as specified;
• Issue final invoices and process refunds if applicable;
• Cease using your confidential information;
• Comply with data deletion requirements;
• Provide reasonable assistance with transition (for a fee if extensive).

76. Informal Negotiation Requirement

Mandatory Informal Negotiation: Before filing any claim, lawsuit, or arbitration, you must first attempt informal negotiation by:

Notice Requirements:

• Send written notice to: legal@debmediatechnologies.com;
• Include your name, contact information, account details;
• Describe the dispute in detail with supporting facts;
• Specify the relief or resolution sought;
• Provide evidence or documentation supporting your claim.

Good Faith Negotiation:

• Both parties will engage in good faith discussions for at least 30 days;
• Each party will make reasonable efforts to resolve the dispute;
• Senior representatives with settlement authority will participate;
• Discussions will be conducted in a professional and respectful manner.

Tolling of Limitations: The statute of limitations and any filing deadlines will be tolled during the informal negotiation period.

Proceeding to Arbitration or Court: If informal negotiation does not resolve the dispute within 60 days, either party may proceed to arbitration or court as provided in these Terms.

77. Mediation Clause

Voluntary Mediation: If direct negotiation fails, parties may mutually agree to attempt mediation before proceeding to arbitration or litigation.

Mediator Selection:

• Parties will jointly select a neutral mediator;
• If parties cannot agree, mediator will be appointed by a recognized mediation organization;
• Mediator must be experienced in commercial disputes and technology matters;
• Mediator must have no conflicts of interest with either party.

Mediation Procedures:

• Mediation will take place in Hooghly, West Bengal, India, or virtually by agreement;
• Each party will prepare a brief statement of the dispute and desired resolution;
• Mediation sessions will be confidential;
• Parties will participate in good faith with decision-makers present;
• Mediator will facilitate discussion but cannot impose a resolution.

Cost Sharing: Parties will share mediator fees and administrative costs equally, unless otherwise agreed. Each party bears its own legal fees.

Non-Binding: Mediation is non-binding. Either party may terminate mediation at any time and proceed to arbitration or court.

Settlement Agreement: If mediation succeeds, parties will execute a written settlement agreement, which will be binding and enforceable.

80. International Use and Compliance

Global Accessibility: While our Services may be accessible from countries outside India, we make no representation that the Services are appropriate or available for use in all locations.

Your Responsibility: If you access the Services from outside India, you do so at your own risk and are responsible for:

• Compliance with local laws in your jurisdiction;
• Determining whether use of Services is lawful in your country;
• Obtaining any necessary government approvals or licenses;
• Complying with data localization requirements;
• Paying applicable taxes and duties;
• Currency conversion and international payment processing.

Prohibited Jurisdictions: Services may not be available or may be restricted in certain countries due to legal restrictions, sanctions, or technical limitations.

Indian Law Prevails: Regardless of where you access the Services, Indian law and Hooghly, West Bengal jurisdiction apply as set forth in Section 79.

81. Language of Agreement

English Language Controls: These Terms are drafted in the English language. The English version is the official and controlling version.

Translations: We may provide translations of these Terms in other languages for convenience. In case of any conflict or inconsistency between the English version and any translation:

• The English version shall prevail;
• The English version shall be used for interpretation;
• Disputes shall be resolved based on the English version;
• Translations are for informational purposes only and not legally binding.

Communication Language: All official communications, legal notices, and dispute resolution proceedings shall be conducted in English.

82. Severability

Invalid Provisions: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be:

• Reformed to the minimum extent necessary to make it enforceable while preserving the parties' intent;
• If reformation is not possible, severed from these Terms;
• Replaced with a valid provision that most closely reflects the original intent.

Remaining Terms Valid: The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. All remaining provisions shall continue in full force and effect.

Essential Provisions: If any essential provision (such as limitation of liability, warranty disclaimer, or jurisdiction clause) is held invalid, either party may elect to terminate these Terms.

83. Waiver

No Waiver by Failure to Enforce: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Waiver Requirements: Any waiver must be:

• In writing and signed by an authorized representative of the Company;
• Specific to the particular right or provision being waived;
• Limited to the specific instance and not a continuing waiver;
• Not construed as a waiver of any other rights or future breaches.

No Course of Dealing: No course of dealing or performance shall operate as a waiver of any provision of these Terms.

Cumulative Rights: All rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies.

84. Entire Agreement

Complete Agreement: These Terms, together with our Privacy Policy and any other agreements explicitly incorporated by reference (such as service-specific agreements, statements of work, or proposals), constitute the entire agreement between you and Debmedia Technologies LLP regarding the Services.

Supersedes Prior Agreements: These Terms supersede all prior or contemporaneous:

• Negotiations, discussions, or understandings;
• Proposals or quotes (except signed SOWs);
• Oral or written communications;
• Prior versions of these Terms;
• Any conflicting terms in purchase orders or similar documents.

No Reliance on External Representations: You acknowledge that you have not relied on any representations, warranties, or agreements not expressly set forth in these Terms.

Amendments: These Terms may only be amended as provided in Section 4 (by Company posting updated version) or by written agreement signed by both parties.

Order of Precedence: In case of conflict between documents:

1. Signed written agreements (e.g., SOWs, enterprise agreements);
2. These Terms and Conditions;
3. Privacy Policy and other referenced policies;
4. General website content or marketing materials (lowest priority).

85. Headings for Convenience Only

The section headings and titles in these Terms are for convenience and reference only and shall not affect the meaning, interpretation, or scope of any provision.

In case of any ambiguity or conflict, the substantive text of each section shall control over the heading.

86. Electronic Communications

Consent to Electronic Communications: By using our Services, you consent to receive communications from us electronically, including:

• Email to your registered email address;
• In-app notifications and messages;
• SMS/text messages (if you provided your phone number);
• Posted notices on our website;
• Messages through the Services platform.

Legal Effect: You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Record Keeping: You should maintain copies of all electronic communications for your records. We are not obligated to maintain records of communications beyond legally required periods.

87. Electronic Signatures

Acceptance of Electronic Signatures: You agree that electronic signatures, clickwrap agreements (clicking "I Agree" buttons), and digital signatures have the same legal force and effect as handwritten signatures.

Information Technology Act Compliance: Electronic signatures and records shall be governed by the Information Technology Act, 2000 (India) and related rules.

Methods of Electronic Acceptance: You may accept these Terms or related agreements through:

• Clicking "I Accept," "I Agree," or similar buttons;
• Checking acceptance boxes during registration or checkout;
• Creating an account or making a payment;
• Using the Services after being presented with these Terms;
• Digitally signing documents (e.g., via DocuSign, Adobe Sign);
• Email confirmation of acceptance.

Non-Repudiation: You agree not to contest the validity or enforceability of these Terms or any agreement entered into electronically on the basis that it was electronically signed or accepted.

88. Notices and Communication

Legal Notices to Company: All legal notices, demands, or official communications to the Company must be sent in writing to:

• Email: legal@debmediatechnologies.com
• Registered Address: Debmedia Technologies LLP, Hooghly, West Bengal, India
• Alternative: hello@debmediatechnologies.com (for non-legal matters)

Legal Notices to You: We may provide legal notices to you by:

• Email to your registered email address;
• Posted notice on our website or in your account;
• Physical mail to your registered address (if provided);
• In-app notification for urgent matters.

Effective Date of Notices:

• Email notices: Effective 24 hours after sending;
• Posted notices: Effective immediately upon posting;
• Physical mail: Effective 5 business days after mailing (India) or 10 business days (international).

Your Responsibility: You must:

• Keep your contact information current and accurate;
• Check your registered email regularly;
• Review account notifications;
• Notify us of any changes to your contact information.

Support Communications: For general support inquiries (non-legal), contact: hello@debmediatechnologies.com

90. Interpretation Rules

General Interpretation Principles:

• "Including" means "including but not limited to": Use of "including" or "such as" is illustrative and not exhaustive;
• Singular/Plural: Words in singular include plural and vice versa where context requires;
• Gender: Words in one gender include all genders;
• "Or" is inclusive: Use of "or" means "and/or" unless exclusive intent is clear;
• "May" is permissive: Use of "may" grants discretion; "shall" or "will" indicates obligation;
• "Days" means calendar days: Unless specified as "business days";
• Business Days: Monday through Friday, excluding Indian public holidays;
• Time references: All time references are Indian Standard Time (IST) unless otherwise specified;
• Currency: References to currency mean Indian Rupees (INR) unless otherwise specified.

Ambiguity: Any ambiguity in these Terms shall not be construed against either party as the drafter. Both parties have had opportunity to review and negotiate these Terms.

References to Laws: References to laws, regulations, or statutes include amendments and successor provisions.

Calculation of Time: When calculating time periods, the first day is excluded and the last day is included unless the last day falls on a holiday, in which case the period extends to the next business day.

91. Regulatory Compliance

Company Compliance: We comply with applicable Indian laws and regulations, including:

• Information Technology Act, 2000 and Rules;
• Companies Act, 2013 and LLP Act, 2008;
• Income Tax Act, 1961 (tax compliance and GST);
• Consumer Protection Act, 2019;
• Copyright Act, 1957;
• Data protection laws (current and forthcoming);
• Employment and labor laws for our personnel;
• Business licensing and registration requirements.

Your Compliance Responsibility: You are responsible for compliance with laws applicable to your business and industry, including sector-specific regulations.

Regulatory Changes: If new laws or regulations require changes to the Services, we may modify the Services or these Terms with notice as provided in Section 4.

92. Consumer Protection Rights

Consumer Rights: If you are a consumer (individual purchasing for personal use) in India, you have certain rights under the Consumer Protection Act, 2019:

• Right to be protected against unfair trade practices;
• Right to seek redressal against unfair contracts;
• Right to consumer education and information;
• Right to be heard and assured of attention to concerns;
• Right to seek compensation for deficiency in services.

Consumer Forums: Indian consumers may approach consumer forums (District, State, or National Consumer Disputes Redressal Commissions) for disputes, subject to monetary limits.

Business Clients: If you are a business entity, these consumer protection rights may not apply. Your rights are governed by these Terms and applicable commercial laws.

Nothing in these Terms: limits your statutory consumer rights under mandatory Indian consumer protection laws.

93. Feedback and Suggestions

Submission of Feedback: We welcome your feedback, suggestions, ideas, and comments about the Services ("Feedback").

License to Use Feedback: By submitting Feedback, you grant us a perpetual, worldwide, royalty-free, irrevocable, transferable license to:

• Use, implement, and incorporate Feedback into our Services;
• Modify, improve, or develop new features based on Feedback;
• Commercialize products or services based on Feedback;
• Share Feedback with third parties;
• Create derivative works from Feedback.

No Obligation: We have no obligation to:

• Implement or use any Feedback;
• Compensate you for Feedback;
• Keep Feedback confidential (unless covered by a separate NDA);
• Acknowledge or credit you for Feedback;
• Respond to every piece of Feedback.

No Ownership Rights: Submission of Feedback does not create any ownership, partnership, or special relationship. We may independently develop similar features.

94. Feature Requests and Improvements

Feature Roadmap: We maintain a development roadmap based on business priorities, market needs, technical feasibility, and customer feedback.

No Guarantee of Implementation: Submission of feature requests does not guarantee:

• That the feature will be developed;
• Any specific timeline for development;
• That the feature will be implemented as requested;
• That the feature will be available in your subscription tier;
• Priority treatment for your requests.

Custom Development: If you require specific features not in our roadmap, we may offer custom development services under a separate agreement for an additional fee.

95. Beta Features Disclaimer

Beta Programs: We may offer access to beta, preview, experimental, or early-access features ("Beta Features") that are still under development.

Beta Feature Risks: Beta Features:

• May be incomplete, unstable, or contain errors;
• May not function as intended or at all;
• May cause data loss, corruption, or system issues;
• May be changed, removed, or never released as final features;
• Are provided "AS IS" with no warranties;
• May have limited or no support;
• May have different terms or pricing when released;
• Should not be used for production or critical applications.

Feedback on Beta Features: By using Beta Features, you agree to provide feedback and report issues. This feedback is subject to Section 93.

No SLA: Beta Features are excluded from any service level agreements or uptime guarantees.

Opt-Out: You may opt out of Beta Features at any time. We may remove your access to Beta Features without notice.

96. Downtime and Maintenance Windows

Scheduled Maintenance: We perform regular maintenance to improve Services, which may cause temporary unavailability. We will:

• Attempt to schedule maintenance during low-traffic periods;
• Provide advance notice where reasonably possible (typically 24-48 hours);
• Minimize duration of maintenance windows;
• Post maintenance schedules in your account dashboard or via email.

Emergency Maintenance: Emergency maintenance may be performed without notice to address:

• Security vulnerabilities;
• Critical bugs or system failures;
• Infrastructure issues;
• Legal or regulatory compliance;
• Protection against ongoing attacks.

No Compensation for Downtime: Scheduled or emergency maintenance does not entitle you to refunds, credits, or compensation unless covered by a separate SLA.

97. SLA Disclaimer

No Standard SLA: Unless explicitly provided in a separate Service Level Agreement (SLA), we do not guarantee:

• Specific uptime percentages (e.g., 99.9%);
• Maximum response times for support;
• Specific performance metrics;
• Service credits for downtime;
• Guaranteed resolution times for issues.

Enterprise SLAs: Enterprise clients may negotiate separate SLAs with specific uptime commitments, response times, and service credits. Contact our sales team for SLA options.

Best Efforts: We make reasonable commercial efforts to maintain high availability and performance but do not guarantee specific metrics without a signed SLA.

98. Service Credits Policy

No Automatic Credits: Service credits for downtime or performance issues are not automatic and are provided only:

• When required by a signed SLA;
• At our discretion for significant service disruptions;
• Upon written request with evidence of impact;
• In accordance with specific credit policies in your agreement.

Credit Request Process: To request service credits:

• Submit request within 30 days of the incident;
• Provide detailed description of the issue and impact;
• Include screenshots, logs, or other evidence;
• Demonstrate that you met all preconditions (e.g., proper use);
• We will evaluate and respond within 15 business days.

Credit Terms: Approved credits:

• Are applied to future subscription fees (no cash refunds);
• Expire 12 months from issuance;
• Cannot be transferred or combined with other promotions;
• Are your sole remedy for the incident.

99. Government Authority Requests

Compliance with Legal Requests: We may disclose your information or data if required by:

• Valid court orders, subpoenas, or legal process;
• Law enforcement investigations;
• National security requests;
• Tax authorities or regulatory agencies;
• Emergency situations involving danger or death;
• Government audits or inspections.

Notice When Permitted: We will attempt to notify you of government requests where legally permitted, unless:

• Notification is prohibited by law or court order;
• Providing notice would be counterproductive or dangerous;
• The request involves emergency circumstances;
• We are legally prohibited from disclosure.

Challenge Invalid Requests: We will use reasonable efforts to challenge overly broad or invalid requests, but are not obligated to do so.

Your Responsibility: You should consult legal counsel if you receive notice of government requests for your data.

100. Audit Rights (Enterprise Clients)

Company Audit Rights: We reserve the right to audit your use of the Services to verify compliance with these Terms, including:

• User counts and license compliance;
• Permitted use restrictions;
• Data usage and storage limits;
• API rate limits and usage patterns;
• Compliance with prohibited activities.

Client Audit Rights (Enterprise Only): Enterprise clients with specific contractual provisions may audit our:

• Security controls and practices;
• Compliance with service level agreements;
• Data handling procedures;
• Subcontractor management;
• Business continuity plans.

Audit Process: Audits must be:

• Conducted during business hours with 30 days advance notice;
• Performed by qualified third-party auditors (if applicable);
• Subject to confidentiality agreements;
• Limited in scope to contractual obligations;
• Performed no more than once per year (unless cause is shown).

Audit Costs: Each party bears its own costs unless audit reveals material non-compliance.

101. Data Localization Compliance

Data Storage Location: Our Services may store data in data centers located in India or internationally through third-party cloud providers.

Indian Data Localization: For customers requiring data to remain in India:

• Contact us to discuss data localization options;
• Enterprise agreements may specify India-only data storage;
• Additional fees may apply for dedicated India hosting;
• We will use reasonable efforts to comply with localization requirements.

International Transfers: By using the Services, you consent to international data transfers as described in Section 37-38, subject to appropriate safeguards.

Regulatory Requirements: If your industry requires specific data localization (e.g., payment data, health data), you are responsible for ensuring compliance and notifying us of requirements.

102. Intellectual Property Enforcement

Protection of IP Rights: We actively protect our intellectual property rights and will take appropriate action against infringement, including:

• Sending cease and desist notices;
• Filing copyright or trademark infringement claims;
• Pursuing legal action for damages;
• Seeking injunctive relief;
• Reporting violations to authorities.

User Cooperation: You agree to cooperate with our IP enforcement efforts and not assist third parties in infringing our rights.

103. Conflict Resolution Priority

Priority of Resolution Methods: In case of disputes, parties should pursue resolution in this order:

1. Direct negotiation (Section 76) - 30-60 days
2. Mediation if both parties agree (Section 77) - Optional
3. Arbitration (Section 78) - Binding resolution
4. Courts in Hooghly, West Bengal (Section 79) - For specific matters

Escalation: Parties should only escalate to the next level after exhausting good faith efforts at the current level.

104. Emergency Suspension Rights

Immediate Suspension: We may immediately suspend or terminate access without notice in emergencies involving:

• Ongoing security attacks or breaches;
• Malware distribution or system compromise;
• Illegal activity or law enforcement requests;
• Threats to system stability or other users;
• Violation of export control laws;
• Fraudulent payment activity;
• Imminent danger to persons or property.

Post-Suspension Review: We will investigate and notify you of suspension reasons within 24-48 hours where possible.

105. Platform Abuse Prevention

Abuse Detection: We employ automated and manual systems to detect and prevent platform abuse, including:

• Rate limiting and throttling;
• CAPTCHA challenges;
• IP blocking and geo-restrictions;
• Account verification requirements;
• Anomaly detection and behavioral analysis;
• Manual review of suspicious activity.

False Positives: If legitimate use is blocked, contact support for review. We will investigate and restore access if appropriate.

106. Fraud Detection and Prevention

Fraud Monitoring: We monitor for fraudulent activity including:

• Payment fraud and chargebacks;
• Identity theft or account takeover;
• False representations or misstatements;
• Multiple accounts to evade restrictions;
• Abuse of trial or promotional offers;
• Unauthorized resale of Services.

Consequences of Fraud: Fraudulent activity may result in:

• Immediate account termination;
• Retention of all fees paid (no refunds);
• Legal action and prosecution;
• Reporting to law enforcement;
• Blacklisting from future Services;
• Collection of damages and attorney fees.

107. Identity Verification Rights

KYC Requirements: We may require identity verification for:

• High-value transactions or subscriptions;
• Enterprise or government accounts;
• Accounts flagged for suspicious activity;
• Compliance with anti-money laundering laws;
• Prevention of fraud or identity theft.

Verification Documents: You may be required to provide:

• Government-issued ID (passport, driver's license, Aadhaar);
• Business registration documents;
• Address proof;
• Tax identification numbers;
• Other documents as reasonably requested.

Failure to Verify: Failure to complete verification within specified timeframes may result in account suspension or termination.

108. Credit Check Authorization

Credit Assessment: For enterprise accounts with payment terms (net 30, net 60), we may conduct credit checks to assess creditworthiness.

Authorization: By requesting payment terms, you authorize us to:

• Obtain credit reports from credit bureaus;
• Contact credit references;
• Review financial statements;
• Monitor ongoing creditworthiness;
• Report payment history to credit agencies.

Credit Limit: We may establish credit limits based on assessment results. Exceeding limits may require advance payment.

109. Insurance Disclaimer

No Insurance Provided: These Services do not include insurance coverage. We do not provide:

• Professional liability insurance for your use;
• Cyber insurance or data breach coverage;
• Errors and omissions insurance;
• Business interruption insurance;
• Any other insurance products.

Your Insurance: You are responsible for obtaining appropriate insurance coverage for your business, including cyber liability, professional liability, and general liability insurance.

High-Risk Industries: If using Services in regulated or high-risk industries, consult an insurance professional about required coverage.

110. Legal Compliance Monitoring

Ongoing Compliance: We monitor changes in applicable laws and regulations and update our practices accordingly.

Your Responsibility: You must independently monitor legal requirements applicable to your use of the Services and ensure ongoing compliance.

Regulatory Changes: If new regulations make continued provision of Services impractical or illegal, we may modify or discontinue Services with reasonable notice.

111. Record Keeping Policy

Company Records: We maintain records as required by law, including:

• Financial records and tax documents (7 years);
• Contracts and agreements (duration + 3 years);
• Communication records (as required);
• Audit logs and security records (as required);
• Legal proceedings documentation (indefinitely).

Your Records: You should maintain your own records of:

• These Terms and any amendments;
• Invoices and payment receipts;
• Service agreements and SOWs;
• Communications with the Company;
• Data exports and backups.

112. Document Retention Policy

Retention Periods: We retain documents according to legal requirements and business needs:

• Active contracts: Duration of agreement + 3 years;
• Financial records: 7 years (tax compliance);
• Legal documents: Indefinitely;
• Customer data: Per Section 39;
• Security logs: 2 years minimum.

Legal Hold: Documents may be retained longer if subject to legal proceedings or investigations.

113. Accessibility Statement

Commitment to Accessibility: We strive to make our Services accessible to users with disabilities, in line with international accessibility standards.

Current Accessibility Features:

• Keyboard navigation support;
• Screen reader compatibility;
• Text resizing and zoom support;
• Color contrast considerations;
• Alternative text for images.

Ongoing Improvements: We continuously work to improve accessibility. If you encounter accessibility barriers, please contact us at hello@debmediatechnologies.com.

No Guarantee: While we make reasonable efforts, we do not guarantee full compliance with all accessibility standards.

114. Support Services Policy

Support Availability: Support is provided based on your subscription tier:

• Basic/Free Plans: Email support, 48-72 hour response;
• Professional Plans: Email + chat support, 24 hour response;
• Enterprise Plans: Priority support, dedicated account manager, 4-8 hour response;
• Custom Development: Project-specific support as defined in SOW.

Support Channels:

• Email: hello@debmediatechnologies.com;
• In-app support tickets;
• Documentation and knowledge base;
• WhatsApp (for active enterprise projects);
• Phone support (enterprise only, by appointment).

Support Hours: Monday-Friday, 10 AM - 6 PM IST (excluding Indian public holidays). Emergency support for enterprise clients may be available outside these hours.

Support Scope: Support covers:

• Platform functionality and features;
• Bug reports and technical issues;
• Account and billing questions;
• How-to questions and best practices;
• Integration assistance (limited).

Not Covered by Support:

• Custom development or modifications;
• Third-party software or integrations;
• Your infrastructure or network issues;
• Training beyond basic documentation;
• Code review or debugging your code.

115. Customer Success Services Disclaimer

Customer Success Programs: Enterprise clients may have access to customer success managers (CSMs) who provide:

• Onboarding assistance;
• Best practices guidance;
• Periodic check-ins;
• Feature recommendations;
• Escalation management.

No Guarantee of Success: Customer success services do not guarantee business outcomes or specific results. CSMs provide guidance but your success depends on your implementation and business factors.

Availability: CSM availability is subject to subscription tier and may change based on business needs.

116. Professional Services Engagement Terms

Scope Definition: Professional services (consulting, custom development, training) require:

• Signed statement of work (SOW) or proposal;
• Defined scope, deliverables, and timeline;
• Agreed pricing and payment terms;
• Defined acceptance criteria;
• Resource allocation and roles.

Project Management: We will assign a project manager or lead consultant responsible for coordination and delivery.

Change Management: Changes to scope require written approval and may affect timeline and cost per Section 26.

117. Escalation Policy

Support Escalation: If your issue is not resolved satisfactorily:

1. Level 1: Support team (initial response);
2. Level 2: Senior support or technical lead;
3. Level 3: Management escalation;
4. Level 4: Executive escalation (critical issues).

Escalation Requests: Email hello@debmediatechnologies.com with "ESCALATION" in subject line, providing:

• Ticket number and issue summary;
• Previous response times and actions taken;
• Business impact;
• Desired resolution.

Response Times: Escalations receive priority review, typically within 24-48 hours.

118. Compliance Training Disclaimer

Training for Information Only: Any training or educational materials on compliance topics (GDPR, security, etc.) are:

• For informational purposes only;
• Not legal or regulatory advice;
• Not certification programs;
• Subject to change as laws evolve;
• No substitute for professional legal counsel.

Your Compliance Responsibility: You remain solely responsible for ensuring your actual compliance with applicable laws.

119. Conflict of Interest Policy

Disclosure of Conflicts: We will disclose any material conflicts of interest that may affect our Services, such as:

• Financial interests in recommended third-party services;
• Relationships with competitors;
• Concurrent engagements that may conflict;
• Personal relationships affecting business decisions.

Managing Conflicts: When conflicts arise, we will either:

• Disclose the conflict and obtain your consent;
• Implement safeguards to mitigate the conflict;
• Decline the engagement or relationship.

120. Ethical Business Practices Statement

Commitment to Ethics: We conduct business according to high ethical standards, including:

• Honesty and integrity in all dealings;
• Fair treatment of clients, employees, and partners;
• Respect for intellectual property rights;
• Protection of confidential information;
• Compliance with all applicable laws;
• Transparency in business practices;
• Accountability for our actions;
• Social and environmental responsibility.

Reporting Concerns: If you have concerns about ethical violations, contact legal@debmediatechnologies.com. We take all reports seriously and investigate promptly.

121. Anti-Bribery and Anti-Corruption

Anti-Corruption Commitment: We are committed to conducting business ethically and in compliance with anti-bribery and anti-corruption laws, including the Prevention of Corruption Act, 1988 (India).

Prohibited Conduct: Neither party shall:

• Offer, promise, give, or authorize bribes or improper payments;
• Accept kickbacks or improper inducements;
• Make facilitation payments to government officials;
• Engage in commercial bribery or corruption;
• Offer anything of value to influence business decisions improperly.

Your Representations: You represent that you have not and will not engage in any corrupt practices in connection with these Terms or our business relationship.

Termination for Corruption: We may immediately terminate these Terms if we reasonably suspect corruption or bribery.

122. Modern Slavery Statement

Zero Tolerance: Debmedia Technologies LLP has zero tolerance for modern slavery, human trafficking, forced labor, or child labor in any part of our business or supply chain.

Our Commitment:

• All employees and contractors work voluntarily;
• No person under 18 years is employed;
• Workers are paid fair wages;
• Working conditions meet legal standards;
• No worker is subjected to coercion or threat;
• Workers are free to terminate employment.

Supply Chain: We expect our suppliers, partners, and subcontractors to maintain similar standards and prohibit modern slavery in their operations.

Reporting: If you become aware of any violations, report to legal@debmediatechnologies.com immediately.

123. Environmental Responsibility Statement

Environmental Commitment: We are committed to minimizing environmental impact through:

• Energy-efficient data center operations;
• Use of cloud providers with renewable energy commitments;
• Paperless operations and digital documentation;
• Remote work to reduce commuting emissions;
• Responsible e-waste disposal practices;
• Continuous improvement of environmental practices.

Compliance: We comply with applicable environmental laws and regulations in India.

124. Social Responsibility Statement

Community Commitment: As a technology company, we recognize our social responsibility to:

• Contribute to digital literacy and skill development;
• Support local communities in West Bengal;
• Provide employment opportunities;
• Promote diversity and inclusion;
• Use technology for positive social impact;
• Maintain ethical business practices.

Educational Initiatives: We may offer free or discounted services for educational institutions, nonprofits, or social enterprises on a case-by-case basis.

125. Diversity and Inclusion Commitment

Equal Opportunity: Debmedia Technologies LLP is committed to diversity and inclusion in our workplace and business practices:

• Equal employment opportunity regardless of gender, religion, caste, disability, or other protected characteristics;
• Merit-based hiring and promotion;
• Zero tolerance for discrimination or harassment;
• Inclusive work environment;
• Fair treatment of all clients and partners;
• Accessibility considerations in product design.

Compliance: We comply with Indian anti-discrimination laws including the Rights of Persons with Disabilities Act, 2016, and other applicable regulations.

Reporting Discrimination: Report concerns to legal@debmediatechnologies.com. All reports are taken seriously and investigated promptly.

126. Future Changes and Updates

Right to Modify Services: We reserve the right to:

• Add, modify, or remove features;
• Update user interfaces and designs;
• Change technical infrastructure;
• Integrate new technologies;
• Discontinue outdated features;
• Improve performance and security.

No Guarantee of Backwards Compatibility: Updates may not maintain backwards compatibility with:

• Old APIs or integrations;
• Legacy features or workflows;
• Custom modifications you made;
• Third-party integrations.

Migration Support: For significant changes, we will provide reasonable migration guidance and transition periods where feasible.

127. Acceptance by Continued Use

Ongoing Acceptance: Your continued use of the Services after any changes to these Terms constitutes your acceptance of the modified Terms.

Opportunity to Review: We will provide notice of material changes as described in Section 4, giving you opportunity to review before continued use.

Disagreement with Changes: If you do not agree with modified Terms:

• Cease using the Services immediately;
• Cancel your subscription before the changes take effect;
• Contact us to discuss concerns;
• Export your data before termination.

No Opt-Out After Use: You cannot selectively accept or reject individual provisions. Continued use indicates acceptance of all Terms.