DigiWise Softech

Terms of Service

Last updated: January 2025

These Terms of Service ("Terms") govern your access to and use of the website, services, and SaaS products provided by DigiWise Softech ("we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing, browsing, or using our website or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website at least 15 days before they take effect. Your continued use of our services after the effective date constitutes acceptance of the updated Terms.

2. Services Description

DigiWise Softech provides the following services:

  • Web Development: Custom website design and development, including front-end, back-end, and full-stack solutions
  • Mobile App Development: Native and cross-platform mobile applications for iOS and Android
  • SEO & Digital Marketing: Search engine optimization, Google Ads management, and digital marketing services
  • SaaS Products: Subscription-based software products including CRM, HR Management, Invoicing, Booking, and TravelTech solutions
  • UI/UX Design: User interface and user experience design services
  • AI Development: Custom AI solutions, chatbots, and business automation
  • Hosting & Infrastructure: Website hosting, email hosting, domain registration, and payment gateway setup

The specific scope, deliverables, timeline, and pricing for each project are defined in individual project proposals or statements of work (SOW) agreed upon between you and DigiWise Softech.

3. Eligibility

Our services are available to individuals and organizations who are at least 18 years of age and capable of forming a binding contract under Indian law. By using our services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration and Security

Certain services may require you to create an account. You are responsible for:

  • Providing accurate, current, and complete information during registration
  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

5. Payment Terms

5.1 Project-Based Services

For custom development, design, and consulting projects:

  • Advance Payment: Projects require a minimum advance payment (typically 30–50% of the total project cost) before work begins, as specified in the project proposal
  • Milestone Payments: Remaining payments are due according to the agreed-upon milestone schedule in the project proposal
  • Final Payment: Final delivery is contingent upon receipt of full payment unless otherwise agreed in writing
  • Late Payments: Payments not received within 15 days of the due date will incur a late fee of 1.5% per month on the outstanding balance

5.2 SaaS Subscriptions

For subscription-based products:

  • Billing Cycle: Subscriptions are billed monthly or annually, as selected at the time of purchase
  • Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled at least 7 days before the renewal date
  • Price Changes: We may adjust subscription prices with 30 days' notice. Price changes take effect at the start of the next billing cycle
  • Refunds: Annual subscriptions may receive a pro-rated refund within the first 30 days if no data has been entered into the system

5.3 Taxes

All fees are exclusive of applicable taxes (GST, TDS, etc.). You are responsible for paying any taxes levied on the services, except for taxes based on our net income.

6. Intellectual Property Rights

6.1 Client Deliverables

Upon receipt of full payment for a project, you receive ownership of the final deliverables, including:

  • Custom-designed website layouts and source code
  • Mobile application source code and binaries
  • Design files (Figma, Adobe XD, etc.)
  • Documentation and technical specifications

Ownership transfers to you upon full payment. DigiWise Softech retains the right to display the work in our portfolio and marketing materials unless you request otherwise in writing.

6.2 Pre-Existing Intellectual Property

DigiWise Softech retains all rights, title, and interest in its pre-existing intellectual property, including frameworks, libraries, tools, and methodologies developed independently of your project. A perpetual, non-exclusive license to use such IP is granted as part of the project deliverables.

6.3 Third-Party Components

Projects may incorporate third-party open-source or commercial components. Such components are governed by their respective licenses, which will be disclosed to you in the project documentation.

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the project. This includes:

  • Business strategies, trade secrets, and financial information
  • Technical specifications, source code, and architecture details
  • Customer data and user information
  • Project timelines, budgets, and internal processes

Confidential information shall not be disclosed to any third party without prior written consent. This obligation survives the termination of our agreement for a period of 3 years.

8. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to the collection and use of information as described therein. For SaaS products that process personal data on your behalf, we will enter into a Data Processing Agreement (DPA) upon request.

9. Service Level Commitments

9.1 Custom Development Projects

Project timelines are estimated in good faith and communicated in the project proposal. DigiWise Softech is not liable for delays caused by:

  • Late client feedback or approvals
  • Changes in project scope (scope creep)
  • Force majeure events (natural disasters, government actions, pandemics)
  • Third-party service outages beyond our control

9.2 SaaS Products

We target 99.9% uptime for our SaaS products, excluding scheduled maintenance windows. Scheduled maintenance is performed during off-peak hours and communicated at least 48 hours in advance. We are not liable for downtime caused by client-side infrastructure, internet connectivity issues, or force majeure events.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

  • DigiWise Softech shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our services
  • Our total aggregate liability for any claims arising from or related to our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim
  • We are not responsible for any loss of data, revenue, profits, or business opportunities resulting from service interruptions or errors

11. Indemnification

You agree to indemnify, defend, and hold harmless DigiWise Softech, its directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

  • Your use of our services in violation of these Terms
  • Your violation of any applicable laws or regulations
  • Content or materials you provide to us that infringe third-party rights
  • Your negligent or willful misconduct

12. Termination

12.1 By You

You may terminate a project engagement by providing written notice. In such cases, you are responsible for payment for all work completed up to the termination date, plus any non-refundable third-party costs already incurred.

12.2 By Us

We may terminate or suspend your access to our services immediately if:

  • You breach any material provision of these Terms
  • Payment is overdue by more than 30 days after written notice
  • You engage in activities that harm our reputation or other clients
  • We are required to do so by law

12.3 Effect of Termination

Upon termination:

  • Your right to use our services ceases immediately
  • We will provide reasonable cooperation for data export within 30 days
  • Provisions that by their nature should survive termination will survive, including confidentiality, intellectual property, and limitation of liability

13. Warranty and Disclaimer

13.1 Our Warranty

We warrant that our services will be performed in a professional and workmanlike manner, consistent with industry standards. For custom development projects, we provide a 30-day warranty period following final delivery to address defects in the delivered work.

13.2 Disclaimer

Except as expressly stated above, our services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Dispute Resolution

Any disputes arising out of or relating to these Terms or our services shall be resolved as follows:

  • Informal Resolution: Both parties will first attempt to resolve disputes informally through good-faith negotiation for a period of 30 days
  • Mediation: If informal resolution fails, the parties agree to submit to mediation before initiating legal proceedings
  • Governing Law: These Terms are governed by the laws of India
  • Jurisdiction: Any legal proceedings shall be conducted in the courts of Mumbai, Maharashtra, India

15. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, epidemics, government actions, power failures, internet outages, or other events of force majeure. The affected party shall notify the other party promptly and use reasonable efforts to mitigate the impact.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with the Privacy Policy and any project-specific proposals or statements of work, constitute the entire agreement between you and DigiWise Softech regarding the use of our services. Any prior agreements or understandings, whether written or oral, are superseded by these Terms.

18. Contact Information

If you have any questions about these Terms of Service, please contact us: