Terms of Service

Last Updated: December 8, 2024

Welcome to Ottosoft. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

1. Acceptance of Terms

By accessing and using Ottosoft's website and services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

Ottosoft provides software development, web development, mobile application development, IT consulting, and related technology services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. User Responsibilities

When using our services, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Use our services only for lawful purposes
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorized access to any part of our services
• Comply with all applicable laws and regulations

4. Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality on our website, including but not limited to text, graphics, logos, images, software, and design, are owned by Ottosoft or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Client Intellectual Property

Unless otherwise agreed in writing, all custom software, applications, and deliverables created specifically for clients shall be owned by the client upon full payment. However, Ottosoft retains the right to use general knowledge, skills, and experience gained during the project.

License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our services for your personal or business purposes, subject to these Terms.

5. Service Agreements and Payments

Project Agreements

Specific terms for individual projects will be outlined in separate service agreements or statements of work. These project-specific terms supplement and, where applicable, supersede these general Terms of Service.

Payment Terms

• Payment terms will be specified in individual project agreements
• Invoices are due within the timeframe specified in the agreement
• Late payments may incur additional charges or result in service suspension
• All fees are non-refundable unless otherwise stated in the project agreement

6. Confidentiality

We understand the importance of confidentiality in business relationships. Both parties agree to:

• Maintain the confidentiality of proprietary information
• Use confidential information only for the purposes of the project
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon project completion or request

7. Warranties and Disclaimers

Service Warranty

We strive to provide high-quality services and will make reasonable efforts to ensure our deliverables meet the specifications outlined in project agreements. However, we do not guarantee that our services will be error-free or uninterrupted.

Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTTOSOFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you to Ottosoft for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Ottosoft, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Content or information you provide to us

10. Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Fraudulent or illegal activities
• At our sole discretion

Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Patna, Bihar, India.

We encourage parties to resolve disputes amicably through negotiation. If negotiation fails, disputes may be resolved through mediation or arbitration before resorting to litigation.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after any changes constitutes acceptance of the new Terms.

13. Severability

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

14. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Ottosoft regarding the use of our services and supersede all prior agreements and understandings.

15. Contact Information

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