Terms of Service

1. Definitions

• “Client” refers to any individual or entity that engages TechnoSpear for software development, consulting, or related services.
• “Services” refers to all software development, design, consulting, maintenance, and technology services offered by TechnoSpear.
• “Deliverables” refers to all work products, including source code, designs, documentation, and reports created by TechnoSpear for a Client.
• “SOW” refers to a Statement of Work — a detailed document defining the scope, deliverables, timeline, and pricing of a specific project engagement.
• “Website” refers to https://technospear.com and all pages, content, and functionality accessible through it.

2. Website Use

2.1 Permitted Use

You may access and use our website for lawful purposes, including learning about our services, viewing our portfolio, and contacting us through the provided forms. You agree not to use the website in any way that could damage, disable, overburden, or impair the site or interfere with any other party's use.

2.2 Prohibited Activities

You agree not to:

• Attempt to gain unauthorized access to any portion of the website, servers, or databases
• Use automated tools (bots, scrapers, crawlers) to extract content without prior written consent
• Transmit viruses, malware, or any code of a destructive nature
• Impersonate any person or entity, or misrepresent your affiliation
• Use the website for any illegal or unauthorized purpose
• Submit false, misleading, or spam content through our contact forms

3. Services and Engagements

3.1 Scope of Services

TechnoSpear provides software development, UI/UX design, mobile app development, cloud and DevOps, AI/ML solutions, quality assurance, IT consulting, and related technology services. The specific scope, deliverables, timeline, milestones, and pricing for each engagement are defined in an individual project agreement or SOW signed by both parties.

3.2 Project Agreements

No work will commence until both parties have agreed to and signed a project agreement or SOW. The project agreement will specify: scope of work, deliverables, acceptance criteria, payment terms, timeline, communication protocols, and any special terms. In the event of a conflict between these Terms and a signed project agreement, the project agreement shall prevail for that engagement.

3.3 Change Requests

Changes to the agreed scope of work must be submitted in writing and mutually agreed upon. Significant changes may affect the timeline, budget, and deliverables. We will provide an updated estimate before proceeding with any material changes to the project scope.

4. Client Responsibilities

To ensure successful project delivery, Clients are responsible for:

• Providing accurate, complete, and timely project requirements, content, and assets
• Designating a primary point of contact with authority to make decisions and approve deliverables
• Reviewing and providing feedback on deliverables within the agreed timelines (typically 5 business days unless otherwise specified)
• Making payments according to the schedule defined in the project agreement
• Providing necessary access to existing systems, accounts, APIs, and resources required for the project
• Ensuring that all content, data, and materials provided to us do not infringe on any third-party rights
• Maintaining backups of their own data and systems before we begin integration work

Delays caused by the Client in providing materials, feedback, or access may result in corresponding timeline adjustments. We will communicate any such impacts proactively.

5. Payment Terms

5.1 Pricing

All pricing is defined in the project agreement or SOW. Unless explicitly stated otherwise, all prices are in Indian Rupees (INR) and exclusive of applicable taxes (GST). For international clients, pricing may be quoted in USD or EUR as agreed upon.

5.2 Payment Schedule

Payment schedules are defined in the project agreement. Our standard structure is:

• Milestone-based: Payments tied to completion and acceptance of defined project milestones.
• Retainer-based: Monthly payments for ongoing development or maintenance engagements.
• Time & Material: Billing based on actual hours worked at agreed-upon hourly or daily rates.

5.3 Late Payments

Invoices are due within 15 days of issuance unless otherwise agreed. Late payments may incur an interest charge of 1.5% per month on the outstanding balance. We reserve the right to suspend work on active projects if payments remain overdue for more than 30 days, after providing written notice.

6. Intellectual Property

6.1 Website Content

All content on this website — including text, graphics, logos, images, code examples, case studies, and design — is the property of TechnoSpear and protected by Indian and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

6.2 Client Deliverables

Unless otherwise specified in the project agreement, upon full and final payment, the Client receives ownership of all custom source code, designs, and deliverables created specifically for their project. This transfer does not include:

• Pre-existing IP: Tools, libraries, frameworks, and code components that TechnoSpeardeveloped prior to or independently of the Client's project. These remain our property, but the Client receives a perpetual, non-exclusive license to use them within the delivered project.
• Open-source components: Any third-party open-source libraries included in the deliverables are governed by their respective licenses (e.g., MIT, Apache 2.0).

6.3 Portfolio Rights

Unless the Client requests confidentiality in writing, TechnoSpearretains the right to display the project in our portfolio, including general descriptions, technology used, and anonymized screenshots. We will not disclose confidential business information, proprietary algorithms, or sensitive data without explicit written consent.

7. Confidentiality

Both parties agree to treat all confidential information received from the other party as strictly confidential. Confidential information includes, but is not limited to:

• Business plans, strategies, and financial information
• Technical specifications, source code, and architecture documents
• Customer and user data
• API keys, credentials, and access tokens
• Any information marked or reasonably understood to be confidential

Confidential information will not be disclosed to any third party without prior written consent, except as required by law, or to employees and contractors who need access to perform their duties (subject to similar confidentiality obligations). This obligation survives the termination of any engagement for a period of 3 years.

8. Warranties and Disclaimers

8.1 Service Warranties

TechnoSpearwarrants that all Services will be performed in a professional and workmanlike manner, consistent with industry standards. We warrant that all Deliverables will substantially conform to the specifications defined in the project agreement for a period of 60 days following final delivery (“Warranty Period”). During the Warranty Period, we will fix any defects or deviations from the agreed specifications at no additional cost.

8.2 Website Disclaimer

This website and its content are provided “as is” and “as available” without any warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses. Information on this website — including case studies, service descriptions, and technical content — is for general informational purposes and does not constitute professional advice for your specific situation.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• TechnoSpear shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising from the use of our website or services.
• Our total aggregate liability for any claims arising from or related to a specific project engagement shall not exceed the total fees paid by the Client for that specific engagement in the 12 months preceding the claim.
• We are not liable for delays, failures, or damages caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, internet outages, third-party service failures, government actions, or pandemics (force majeure).

10. Termination

10.1 Website Access

We reserve the right to restrict or terminate your access to our website at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

10.2 Project Termination

Either party may terminate a project engagement with 30 days written notice, unless otherwise specified in the project agreement. Upon termination:

• The Client will pay for all work completed up to the termination date
• TechnoSpear will deliver all completed Deliverables and work-in-progress
• Any advance payments for undelivered work will be refunded within 30 days
• Both parties will return or destroy confidential information as requested

11. Indemnification

The Client agrees to indemnify, defend, and hold harmless TechnoSpear, its directors, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) the Client's breach of these Terms, (b) the Client's use of the delivered software in violation of applicable laws, (c) any content, data, or materials provided by the Client that infringe on third-party intellectual property rights, or (d) the Client's negligence or willful misconduct.

12. Dispute Resolution

In the event of any dispute arising from these Terms or any engagement:

• Negotiation: Both parties will first attempt to resolve the dispute through good-faith negotiation within 30 days of written notice.
• Mediation: If negotiation fails, the dispute will be submitted to mediation under the rules of a mutually agreed mediator.
• Arbitration: If mediation fails, the dispute will be resolved through binding arbitration in Pune, Maharashtra, India, in accordance with the Arbitration and Conciliation Act, 1996.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of India. Subject to the dispute resolution process outlined above, any legal proceedings shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.

14. Severability

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

15. Entire Agreement

These Terms, together with our Privacy Policy and any signed project agreements, constitute the entire agreement between you and TechnoSpear regarding the use of our website and services. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

16. Modifications

We reserve the right to modify these Terms at any time. Material changes will be indicated by updating the “Last updated” date at the top of this page. Your continued use of the website or services after any changes constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

17. Contact

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