Implicit Softwares

Terms & Conditions

1. Introduction

Welcome to Implicit Softwares (Saroj Nandkishore Agrawal) ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our software solutions, services, and website (collectively, the "Services").

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.

2. Definitions

"Services" means all software solutions, applications, platforms, and related services provided by Implicit Softwares.

"User," "You," "Your" means any individual or entity that accesses or uses our Services.

"Content" means any data, information, text, files, or other materials uploaded, transmitted, or stored through our Services.

"Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

"Account" means the user account created to access our Services.

3. Acceptance of Terms

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

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

4. Services Description

Implicit Softwares provides software solutions including but not limited to:

  • Custom software development and consulting services
  • Web and mobile application development
  • Cloud-based software solutions
  • Software maintenance and support services
  • Technical consulting and implementation services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

5. User Obligations

5.1 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Ensuring your account information is accurate and up-to-date

5.2 Acceptable Use

You agree not to:

  • Use our Services for any unlawful purpose or in violation of any applicable laws
  • Transmit or store any malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt our Services or servers
  • Reverse engineer, decompile, or disassemble our software
  • Use our Services to compete with us or for any commercial purpose without authorization

6. Intellectual Property Rights

All intellectual property rights in our Services, including but not limited to software, documentation, trademarks, and trade secrets, remain our exclusive property.

We grant you a limited, non-exclusive, non-transferable license to use our Services solely for your internal business purposes in accordance with these Terms.

You retain ownership of your Content, but grant us a license to use, store, and process your Content as necessary to provide our Services.

7. Payment Terms

Payment terms will be specified in separate service agreements or invoices. Generally:

  • All fees are exclusive of applicable taxes
  • Payment is due within 30 days of invoice date unless otherwise specified
  • Late payments may incur interest charges as permitted by law
  • We reserve the right to suspend Services for non-payment
  • All prices are subject to change with reasonable notice

8. Data Protection and Privacy

We are committed to protecting your privacy and personal data in accordance with applicable Indian laws, including the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Our data collection, processing, and protection practices are detailed in our Privacy Policy, which forms part of these Terms.

We implement reasonable security measures to protect your data, but cannot guarantee absolute security.

9. Warranties and Disclaimers

We warrant that our Services will be provided with reasonable care and skill. However, we disclaim all other warranties, express or implied, including:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding uninterrupted or error-free operation
  • Warranties regarding the accuracy or completeness of data

Our Services are provided "as is" and "as available" without any warranties of any kind.

10. Limitation of Liability

To the maximum extent permitted by law, our total liability for any claims arising from or related to these Terms or our Services shall not exceed the total amount paid by you for the Services in the twelve (12) months preceding the claim.

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

11. Indemnification

You agree to indemnify, defend, and hold harmless Implicit Softwares and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your Content or any third-party claims related to your Content

12. Termination

Either party may terminate these Terms at any time with written notice. We may immediately terminate your access to our Services if you breach these Terms.

Upon termination:

  • Your right to use our Services will cease immediately
  • We may delete your account and Content after a reasonable period
  • Provisions that by their nature should survive termination will remain in effect

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict of law principles.

Any disputes arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the courts in Hyderabad, India.

We encourage resolution of disputes through good faith negotiations before pursuing legal action.

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, or internet outages.

15. Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through our Services. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

16. Severability

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

17. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Implicit Softwares regarding the use of our Services.

18. Contact Information

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

Email: support@implicitsoftwares.com