Terms of Service

1. Introduction

Welcome to DivineScale. These Terms of Service ("Terms") govern your use of our services, website, and any related products offered by DivineScale ("we," "us," or "our"). By engaging our services or using our website, you agree to be bound by these Terms.

DivineScale is a technology services company providing custom web application development, AI workflow automation, e-commerce solutions, website design, and digital transformation services.

2. Services

DivineScale provides technology services as described on our website and in individual service agreements. The specific scope, deliverables, timeline, and cost for each project will be outlined in a separate proposal or statement of work ("SOW") agreed upon by both parties before work begins.

We reserve the right to subcontract portions of work to qualified third parties while maintaining responsibility for the quality of deliverables. Any significant changes to the scope of work will be communicated and agreed upon in writing.

3. Intellectual Property

Upon full payment, the client receives ownership of all custom code, designs, and content created specifically for their project, unless otherwise specified in the SOW.

DivineScale retains the right to use general methodologies, tools, frameworks, and reusable components developed during the project. Open-source libraries and third-party tools used in the project remain subject to their respective licenses.

DivineScale reserves the right to showcase completed projects in our portfolio and marketing materials unless the client explicitly requests otherwise in writing.

4. Payment Terms

Payment terms are as outlined in each individual proposal or SOW. Unless otherwise agreed:

• A 50% advance payment is required before work begins on any project.
• The remaining 50% is due upon project completion and before final deliverables are handed over.
• For larger projects, milestone-based payments may be arranged as specified in the SOW.
• Monthly retainer fees are billed at the beginning of each month and are due within 7 days of invoice.
• All prices are in Indian Rupees (INR) unless otherwise specified. GST will be applied as applicable.

Late payments may incur an interest charge of 1.5% per month on the outstanding amount. Continued non-payment may result in suspension of services.

5. Client Responsibilities

To ensure successful project delivery, clients are expected to:

• Provide timely access to necessary materials, content, accounts, and information required for the project.
• Respond to requests for feedback and approvals within agreed-upon timelines.
• Designate a single point of contact for project communication.
• Ensure that all content provided for use in the project does not infringe on any third-party intellectual property rights.

6. Limitation of Liability

DivineScale will make every reasonable effort to deliver high-quality services as agreed. However, to the maximum extent permitted by law:

• DivineScale shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from the use of our services.
• Our total liability shall not exceed the total fees paid by the client for the specific project in question.
• We are not liable for any losses caused by third-party services, hosting providers, or platforms integrated into the project.
• We do not guarantee specific business outcomes, revenue increases, or traffic improvements resulting from our services.

7. Warranties and Disclaimers

DivineScale warrants that all services will be performed in a professional and workmanlike manner. We will address any defects or bugs reported within the support period specified in the SOW at no additional cost.

Beyond the support period, maintenance and updates may be provided under a separate retainer agreement. All services are provided "as is" after the support period expires.

8. Termination

Either party may terminate a project engagement with written notice. In the event of termination:

• The client will pay for all work completed up to the date of termination.
• DivineScale will deliver all completed work and materials to the client.
• Advance payments are non-refundable if work has commenced, unless otherwise agreed.

9. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of the engagement. This includes business strategies, technical architectures, customer data, and financial information. This obligation survives the termination of the engagement.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in India.

11. Changes to These Terms

DivineScale reserves the right to modify these Terms at any time. Changes will be posted on our website with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the revised Terms.

12. Contact Information

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

• Email: hello@divinescale.com
• Website: divinescale.com/contact