Last Updated: January 1, 2025

1. Introduction

Welcome to Ayush Codings. These Terms of Service ("Terms") govern your use of our website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services.

2. Services Description

Ayush Codings provides web development, mobile application development, and IT services to businesses and individuals. Our services include but are not limited to:

  • Website design and development
  • Mobile application development
  • UI/UX design
  • IT consulting and support
  • Cloud solutions
  • Software development

The specific services to be provided will be detailed in a separate agreement or statement of work between Ayush Codings and the client.

3. User Accounts

Some of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.

You agree to:

  • Provide accurate and complete information when creating your account
  • Update your information to keep it current
  • Notify us immediately of any unauthorized access to or use of your account
  • Ensure that you exit from your account at the end of each session

We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.

4. Intellectual Property Rights

Our Intellectual Property: The Service and its original content, features, and functionality are owned by Ayush Codings and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Client Content: You retain all rights to any content you submit, post, or display on or through our Services. By submitting, posting, or displaying content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

Deliverables: Unless otherwise specified in a separate agreement, upon full payment for our Services, we will assign to you all intellectual property rights in the final deliverables specifically created for you. This assignment does not include third-party materials, our pre-existing intellectual property, or any of our proprietary tools, methods, or processes used to create the deliverables.

5. Payment Terms

Fees for our Services will be outlined in a separate agreement or statement of work. Unless otherwise specified, all fees are:

  • Quoted in USD
  • Due according to the payment schedule outlined in the agreement
  • Non-refundable unless otherwise specified

Late payments may be subject to late fees or interest charges as specified in the agreement. We reserve the right to suspend Services until payment is received.

6. Project Timeline and Deliverables

Project timelines and deliverables will be outlined in a separate agreement or statement of work. We will make reasonable efforts to meet agreed-upon deadlines, but timelines may be adjusted due to:

  • Changes in project scope
  • Delays in receiving client feedback or materials
  • Technical challenges or unforeseen circumstances
  • Force majeure events

Any changes to the project scope may require additional time and fees, which will be discussed and agreed upon before implementation.

7. Revisions and Changes

The number of revisions and the process for requesting changes will be outlined in the separate agreement. Additional revisions beyond those included in the agreement may incur additional fees.

Substantial changes to the project scope or requirements after work has begun may require a revised quote and timeline.

8. Termination

Either party may terminate the service agreement under the conditions specified in the separate agreement. Upon termination:

  • You will be responsible for paying for all Services performed up to the date of termination
  • We will deliver all completed work for which payment has been received
  • Any prepaid fees for Services not yet rendered may be refunded according to the terms in the separate agreement

9. Limitation of Liability

To the maximum extent permitted by law, Ayush Codings shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use our Services
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from our Services
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party

Our total liability for any claims under these Terms shall not exceed the amount you have paid us in the past six months.

10. Warranty and Disclaimer

We warrant that the Services we provide will be performed in a professional and workmanlike manner in accordance with generally recognized industry standards. Your exclusive remedy for any breach of this warranty shall be the re-performance of the Services.

Except as expressly provided herein, our Services are provided "as is" and "as available" without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Indemnification

You agree to indemnify, defend, and hold harmless Ayush Codings, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Your City, State/Country], using the English language in accordance with the rules and procedures of [Arbitration Authority].

14. Contact Us

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

Ayush Codings
123 Tech Avenue, Digital Park
San Francisco, CA 94103
Email: legal@ayushcodings.com
Phone: +1 (555) 123-4567