Terms & Conditions

1. Definitions

• "Company," "we," "us," or "our" refers to Guava Trees Softech (GTSPL).
• "Services" refers to any software solutions, applications, SaaS platforms, consulting, development, or IT-related services provided by the Company.
• "Client," "User," or "you" refers to any individual, company, or entity using our Services.
• "Agreement" refers to these Terms & Conditions along with any applicable Service Level Agreements (SLAs), Statements of Work (SOWs), or contracts.
• "Platform" refers to any SaaS application or software hosted and maintained by the Company.
• "Deliverables" refers to any software, code, documentation, or materials produced as part of a service engagement.

2. Acceptance of Terms

By accessing our website, using our software solutions, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these Terms:

• You must discontinue use of our Services immediately
• You should not access or use our Platforms
• You must not engage with us for any service agreements

If you are entering into these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Services Offered

Guava Trees Softech provides comprehensive software solutions including but not limited to:

3.1 Software Development Services

• Custom software development and application engineering
• Enterprise application development
• API development and third-party integrations
• Mobile application development (iOS, Android, cross-platform)
• Cloud-native application development
• Digital transformation and legacy system migration
• Full SDLC support and maintenance

3.2 SaaS Solutions

• Subscription-based software platforms
• Dashboard and analytics solutions
• Industry-specific software solutions

3.3 Consulting Services

• Technology consulting and architecture design
• IT strategy and roadmap planning
• Code review and technical audits

We serve clients across various industries including FinTech, Real Estate, Healthcare, Education, E-commerce, Automotive, Energy & Utilities, and more. Specific terms of service, features, deliverables, timelines, and pricing are outlined in separate agreements with Clients.

4. Payment & Billing

4.1 Payment Terms

• Payment terms, schedules, and methods are defined in individual service agreements or subscription plans
• Invoices are payable within the timeframe specified in your agreement (typically 15-30 days)
• All prices are exclusive of applicable taxes unless otherwise stated

4.2 Late Payments

• Late payments may result in suspension or termination of Services
• We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law
• Access to SaaS platforms may be restricted for accounts with outstanding balances

4.3 Refund Policy

• All fees are non-refundable unless explicitly stated otherwise in your agreement
• For SaaS subscriptions, unused portions of prepaid periods are generally non-refundable upon cancellation
• Refund requests for service engagements will be evaluated on a case-by-case basis

5. Intellectual Property Rights

5.1 Company Intellectual Property

• The Company retains ownership of all intellectual property rights in its proprietary software, platforms, tools, methodologies, and pre-existing materials
• Our brand name, logos, trademarks, and service marks remain the exclusive property of the Company
• No license or right is granted to use Company IP except as expressly provided in these Terms or a separate agreement

5.2 Client Deliverables

• For custom development projects, intellectual property ownership of deliverables is determined by the specific agreement with the Client
• Unless otherwise agreed in writing, upon full payment, Clients receive ownership of custom-developed code and deliverables
• The Company may retain the right to use general knowledge, skills, and experience gained during engagements

5.3 SaaS License

• For SaaS platforms, Clients are granted a limited, non-exclusive, non-transferable license to access and use the software during the subscription period
• This license does not include the right to modify, distribute, reverse engineer, or create derivative works
• All rights not expressly granted are reserved by the Company

6. Confidentiality

6.1 Mutual Obligations

Both parties agree to maintain the confidentiality of proprietary, sensitive, or non-public information exchanged during the course of engagement, including but not limited to:

• Business strategies, plans, and financial information
• Technical specifications, source code, and architecture designs
• Customer data and user information
• Pricing, proposals, and contract terms

6.2 Non-Disclosure Agreements

We execute formal Non-Disclosure Agreements (NDAs) upon request for additional legal protection of confidential information.

6.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) must be disclosed by law or court order.

7. User Responsibilities

As a user of our Services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the security and confidentiality of your account credentials
• Promptly notify us of any unauthorized access or security breaches
• Use our Services only for lawful purposes and in compliance with applicable laws
• Not attempt to gain unauthorized access to our systems or other users' accounts
• Not use our Services to transmit malware, viruses, or harmful code
• Not engage in activities that could damage, disable, or impair our Services
• Not resell, sublicense, or redistribute our Services without authorization
• Comply with all applicable export control and sanctions laws

8. Service Level & Support

8.1 Service Availability

For SaaS platforms, we strive to maintain high availability. Specific uptime commitments, if any, are outlined in your Service Level Agreement (SLA).

8.2 Maintenance

We may perform scheduled maintenance that could temporarily affect service availability. We will provide reasonable advance notice of planned maintenance windows.

8.3 Support

Support terms, response times, and channels are defined in your service agreement. Standard support is provided during business hours (IST), with extended support available as per agreement.

9. Limitation of Liability

9.1 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Business interruption or downtime
• Reputational damage
• Cost of procurement of substitute services

9.2 Cap on Liability

In no event shall our total aggregate liability exceed the amounts paid by you to the Company during the twelve (12) months preceding the claim.

9.3 Service Disclaimer

We do not guarantee uninterrupted, error-free, or completely secure service. While we make reasonable efforts to ensure smooth operations, our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

10. Data Security & Privacy

• The Company follows industry-standard security practices to protect user data, including encryption, access controls, and regular security audits
• Clients are responsible for securing their own credentials, systems, and any data they input into our platforms
• Our data handling practices are detailed in our Privacy Policy
• For service engagements, data handling terms may be specified in a Data Processing Agreement (DPA)

We are committed to compliance with applicable data protection regulations and will cooperate with Clients to meet their compliance requirements.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or data you provide to us
• Your negligence or willful misconduct

12. Termination

12.1 Termination by Company

We reserve the right to suspend or terminate Services immediately if:

• You breach these Terms & Conditions
• You fail to make timely payments
• You engage in fraudulent or illegal activities
• Your actions pose a security risk to our systems or other users
• Required by law or regulatory authority

12.2 Termination by Client

You may terminate Services in accordance with the terms of your specific agreement. For SaaS subscriptions, cancellation procedures and notice periods are specified in your subscription terms.

12.3 Effect of Termination

• Upon termination, your access to Services will be discontinued
• Outstanding payments remain due and payable
• Provisions that should survive termination (confidentiality, limitation of liability, indemnification) will remain in effect
• For SaaS platforms, you may request export of your data within 30 days of termination

13. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions, power outages, internet or telecommunications failures, or other force majeure events.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, disputes shall be subject to the exclusive jurisdiction of the courts located in Bhopal, Madhya Pradesh, India.

14.3 Arbitration

For commercial disputes, parties may mutually agree to resolve matters through binding arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Bhopal, India.

15. Amendments

• The Company reserves the right to update or modify these Terms & Conditions at any time
• Material changes will be communicated via email or notice on our website
• Continued use of our Services after changes constitutes acceptance of the revised Terms
• If you disagree with any changes, you must discontinue use of our Services
• The "Last Updated" date at the top of this page indicates when these Terms were last modified

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between you and the Company regarding the subject matter herein.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17. Contact Information

For inquiries regarding these Terms & Conditions, please contact us: