Terms of Service

1. Acceptance of Terms

By accessing this website, booking a discovery call, or signing a proposal with Smitra Online ("Consultancy"), you ("Client") agree to be bound by these Terms of Service. These terms apply to all visitors, users, and others who access the Service.

2. Services & Service Level Agreement (SLA)

We provide digital strategy, architecture, and development services. To ensure quality and predictability:

• Mandatory SLA: All active development projects must be governed by a signed Service Level Agreement (SLA). This document will define uptime guarantees, response times for critical bugs, and maintenance windows.
• Scope of Work: Services are strictly limited to the Scope of Work (SOW) defined in your proposal. Any feature requests outside this scope will be billed as separate Change Orders.

3. Intellectual Property Rights

We believe in fair ownership, but we protect our architectural core.

A. Client Ownership

Upon full payment, the Client owns the specific business data, visual designs, and front-end content created specifically for their project.

B. No Technology Transfer

Important: Smitra Online utilizes proprietary frameworks, pre-existing code libraries, and architectural methodologies ("Background Technology") to deliver services efficiently.

The Client acknowledges that Smitra Online retains all rights, title, and interest in this Background Technology. The Client shall not demand the transfer of ownership, source code, or intellectual property rights of these underlying tools. The Client is granted a perpetual, non-exclusive, non-transferable license to use the software for their business operations.

4. Case Studies & Marketing Rights

To continue demonstrating our expertise to the market, the Client grants Smitra Online the right to:

• Publish Case Studies: We may write and publish detailed case studies regarding the architectural challenges solved during the project.
• Use of Logo: We may display the Client’s logo on our website and marketing materials as a "Trusted Partner."

Data Safety Guarantee: In all marketing materials, we strictly adhere to data safety. We will never disclose proprietary algorithms, trade secrets, sensitive customer PII, or financial data. All technical diagrams will be sanitized to show high-level architecture only.

5. Confidentiality

Both parties agree to keep all proprietary information confidential. "Confidential Information" includes business plans, customer lists, and technical specifications not known to the public.

This obligation survives the termination of this agreement for a period of five (5) years.

6. Payments & Termination

• Payment Terms: Invoices are due upon receipt unless otherwise specified in the SLA. Late payments may incur a 5% late fee.
• Suspension of Service: Smitra Online reserves the right to suspend API access or hosting services if payments are more than 15 days overdue.
• Termination: Either party may terminate the agreement with 30 days' written notice, provided all outstanding invoices for work completed are paid in full.

7. Limitation of Liability

To the maximum extent permitted by law, Smitra Online shall not be liable for any indirect, incidental, or consequential damages (including loss of data or revenue) arising from the use of our services.