Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Vyqda Technologies Private Limited ("we," "us," "our," or "Company"), governing your access to and use of our software products, services, and website.

By accessing, downloading, installing, or using our software products (including but not limited to VYPOS, VYFOO, VYBILLS, Timenox, VYHRM, School Management System, Hotel Management System, and VayuReach) or services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2.1 Software Products

We provide the following software solutions:

2.2 Professional Services

• Custom Software Development: Bespoke software solutions tailored to specific business requirements
• Mobile Application Development: Native and cross-platform mobile applications
• Website Development: Professional websites and web applications
• Cloud Solutions: Cloud migration, hosting, and infrastructure services
• Technical Support: 24/7 maintenance, updates, and technical assistance
• Consulting Services: IT strategy, digital transformation, and business process optimization

2.3 Service Availability

We strive to maintain 99.5% uptime for our cloud-based services. Scheduled maintenance will be announced 48 hours in advance. Service availability may vary due to factors beyond our control, including internet connectivity, third-party services, and force majeure events.

3.1 Account Registration and Security

• Provide accurate, complete, and current information during registration
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept full responsibility for all activities under your account
• Use strong passwords and enable multi-factor authentication where available

3.2 Acceptable Use Policy

You agree NOT to use our services for:

3.3 Data and Content Responsibility

• You retain ownership of data you input into our systems
• You are responsible for backing up your data regularly
• You must ensure your data complies with applicable laws and regulations
• You grant us necessary rights to process your data for service provision
• You indemnify us against claims arising from your data or content

4.1 Pricing and Payments

• Pricing: Current pricing is available on our website and may vary by product, features, and subscription plan
• Payment Methods: We accept major credit cards, debit cards, bank transfers, and digital payment methods
• Currency: All prices are in Indian Rupees (INR) unless otherwise specified
• Payment Processing: Payments are processed securely through third-party payment processors
• Receipts: Electronic receipts will be provided for all transactions

4.2 Billing Cycles and Renewals

4.3 Refunds and Cancellations

4.4 Taxes and Compliance

• Prices exclude applicable taxes (GST, service tax, etc.)
• You are responsible for determining and paying applicable taxes
• We will provide necessary tax documentation and invoices
• International transactions may be subject to additional taxes

5.1 Our Intellectual Property

All intellectual property rights in our software, services, website, documentation, and related materials are owned by Vyqda Technologies Private Limited or our licensors. This includes:

• Software Code: Source code, object code, algorithms, and system architecture
• Trademarks: Company name, product names, logos, and brand elements
• Copyrights: Documentation, user interfaces, graphics, and written content
• Trade Secrets: Proprietary methodologies, processes, and business information
• Patents: Any patented technologies or innovations incorporated in our products

5.2 License Grant to You

5.3 Your Content and Data

• You retain ownership of all data and content you input into our systems
• You grant us a license to process, store, and transmit your data for service provision
• We do not claim ownership of your business data or proprietary information
• You warrant that your content does not infringe third-party rights
• Upon termination, we will return or delete your data as per our data retention policy

5.4 Custom Development

6.1 Service Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Security or freedom from viruses or harmful components
• Accuracy, reliability, or completeness of information

6.2 Limitation of Damages

6.3 Exceptions to Limitations

The above limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraudulent misrepresentation or willful misconduct
• Violations of intellectual property rights
• Liability that cannot be excluded under Indian law
• Your breach of payment obligations

6.4 Third-Party Services

We integrate with third-party services (payment processors, cloud providers, APIs). We are not responsible for the availability, functionality, or security of these third-party services. Your use of such services is subject to their respective terms and conditions.

7.1 Termination by You

• Cancellation: Cancel your subscription anytime through your account dashboard or by contacting support
• Effective Date: Cancellation takes effect at the end of your current billing period
• Data Export: Download your data before termination as access will be restricted afterward
• Refunds: Eligible refunds will be processed according to our refund policy

7.2 Termination by Us

We may terminate or suspend your account immediately upon notice for:

7.3 Effect of Termination

7.4 Data Retention After Termination

8.1 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us directly to resolve any disputes. We are committed to working with you in good faith to address concerns promptly and fairly.

8.2 Arbitration (For Business Customers)

For disputes exceeding ₹5,00,000 (Five Lakh Rupees), both parties agree to binding arbitration under the Arbitration and Conciliation Act, 2015:

• Seat of Arbitration: Agra, Uttar Pradesh, India
• Language: English
• Arbitrator: Single arbitrator mutually agreed upon, or appointed by Delhi High Court
• Rules: Arbitration and Conciliation Act, 2015
• Costs: As determined by the arbitrator

8.3 Jurisdiction and Governing Law

8.4 Consumer Rights

9.1 Changes to Terms

We reserve the right to modify these Terms at any time to reflect changes in our services, legal requirements, or business practices. Material changes will be communicated as follows:

9.2 Your Options

Upon notification of material changes, you may:

• Accept Changes: Continue using our services under the new Terms
• Object to Changes: Contact us to discuss specific concerns
• Terminate Service: Cancel your subscription before changes take effect
• Grandfathering: Existing contracts may maintain current terms until renewal

9.3 Service Updates

We continuously improve our software and services. Updates may include new features, security enhancements, bug fixes, or performance improvements. Critical security updates may be applied without prior notice.

10.1 Force Majeure

We shall not be liable for any delay or failure to perform due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, or internet service provider failures.

10.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions will be replaced with valid provisions that achieve the same economic effect.

10.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by our authorized representative.

10.4 Assignment

10.5 Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Vyqda Technologies Private Limited regarding your use of our services.

10.6 Survival

The following sections shall survive termination of these Terms: Intellectual Property, Limitation of Liability, Dispute Resolution, Payment Obligations, and General Provisions.

For questions, concerns, or notices regarding these Terms of Service, please contact: