Terms of Service

Last Updated: March 31, 2024

These Terms of Service ("Terms") govern your use of the PersistLogic website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing and using the PersistLogic website (persistlogic.com) or any of our services, you accept and agree to be bound by these Terms and our Privacy Policy.

These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

PersistLogic provides software development and engineering services, including but not limited to:

• Custom enterprise software development
• Multi-tenant SaaS platform development
• System architecture and consulting
• Backend engineering services
• Business automation solutions

Specific terms for service delivery will be outlined in individual contracts or statements of work ("SOW").

3. Use of Website

3.1 Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any harmful, threatening, abusive, or offensive content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with the proper functioning of the website
• Use automated systems (bots, scrapers) without our written permission
• Misrepresent your identity or affiliation

3.2 Account Responsibilities

If you create an account with us:

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use
• We reserve the right to terminate accounts that violate these Terms

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content on the PersistLogic website, including text, graphics, logos, images, software, and code, is the property of PersistLogic or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, distribute, or reproduce any content without written permission
• Use our trademarks, logos, or branding without authorization
• Reverse engineer or decompile any software or systems

4.2 Client-Specific Work

Ownership of work product created for clients will be specified in individual contracts or SOWs. Unless otherwise agreed:

• Custom code developed specifically for a client may be transferred upon full payment
• Pre-existing code, frameworks, and tools remain the property of PersistLogic
• Source code may be retained by PersistLogic for reference and support purposes

5. Service Contracts and Payments

5.1 Contracts

Services are provided under individual contracts or SOWs that specify:

• Scope of work and deliverables
• Timeline and milestones
• Payment terms and schedule
• Intellectual property ownership
• Warranty and support terms

5.2 Payment Terms

• Payments are due as specified in the contract or SOW
• Late payments may incur interest charges and suspension of services
• All prices are exclusive of taxes unless stated otherwise
• Refunds are subject to the terms specified in individual contracts

6. Warranties and Disclaimers

6.1 Website Disclaimer

THE WEBSITE AND INFORMATION PROVIDED ARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING:

• Accuracy, completeness, or reliability of website content
• Uninterrupted or error-free operation of the website
• Security of data transmission over the internet

6.2 Service Warranties

Warranties for our software development services will be specified in individual contracts and may include:

• Warranty periods for bug fixes and defects
• Limitations on warranty coverage
• Remedy procedures for warranty claims

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSISTLOGIC SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from use or inability to use our website or services
• Damages caused by third-party services or integrations

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

This limitation applies even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless PersistLogic, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use of our website or services
• Your violation of any rights of another party
• Any content you provide to us

9. Confidentiality

Both parties agree to:

• Keep confidential all proprietary and sensitive information disclosed during the engagement
• Use confidential information only for the purpose of the engagement
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon termination

Detailed confidentiality terms will be specified in Non-Disclosure Agreements (NDAs) or service contracts.

10. Termination

10.1 Termination by Us

We may terminate or suspend your access to our website or services immediately, without prior notice, if you:

• Breach these Terms
• Provide false information
• Engage in fraudulent or illegal activities
• Fail to make required payments

10.2 Termination by You

You may terminate your use of our services according to the terms specified in your service contract.

10.3 Effect of Termination

Upon termination:

• Your right to use our services immediately ceases
• You remain responsible for any outstanding payments
• Provisions that should survive termination will remain in effect (e.g., confidentiality, indemnification)

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending email notifications for material changes (if applicable)

Your continued use of our website or services after changes constitute acceptance of the modified Terms.

12. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for:

• The content or practices of third-party sites
• Any damages or losses caused by third-party services

Your use of third-party services is at your own risk and subject to their terms and policies.

13. Force Majeure

PersistLogic shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Acts of God, natural disasters
• War, terrorism, civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Pandemics or health emergencies

14. Dispute Resolution

14.1 Governing Law

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

14.2 Jurisdiction

Any disputes arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Rohtak, Haryana, India.

14.3 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiations.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service contracts, constitute the entire agreement between you and PersistLogic.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor.

16. Contact Information

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.