Terms of Service

1. Eligibility

You represent that you are at least 18 years old and competent to contract under the Indian Contract Act, 1872, and that you have the authority to bind the entity on whose behalf you act.

2. Services

ABSRTS provides AI product development, AI integration and modernisation, and technical and product consulting services. The specific scope, fees, deliverables, and timelines for any engagement will be set out in a separate written statement of work, master services agreement, or order form (each, an "Engagement Agreement"). In the event of a conflict between these Terms and an Engagement Agreement, the Engagement Agreement shall prevail for that engagement.

3. Acceptable Use

• You will not use the Services or website in violation of applicable law, including the Information Technology Act, 2000 and rules thereunder.
• You will not attempt to gain unauthorised access to, interfere with, or disrupt the website or its security mechanisms.
• You will not transmit any material that is unlawful, defamatory, infringing, or otherwise objectionable under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

4. Fees and Payment

Fees for Services will be specified in the applicable Engagement Agreement. Unless stated otherwise, invoices are payable within thirty (30) days. All fees are exclusive of Goods and Services Tax (GST) and other applicable taxes, which shall be borne by the client.

5. Intellectual Property

The website, ABSRTS's pre-existing methodologies, frameworks, code libraries, and know-how ("Background IP") remain the sole property of ABSRTS. Subject to full payment of fees, ABSRTS grants the client a non-exclusive, perpetual licence to use deliverables for their internal business purposes, except where an Engagement Agreement provides otherwise. Nothing in these Terms transfers ownership of Background IP.

6. Confidentiality

Each party shall protect the other's confidential information using the same degree of care it uses for its own confidential information, and in any event not less than a reasonable standard of care, and shall use such information solely to perform under these Terms or an Engagement Agreement.

7. Data Protection

Each party shall comply with applicable data protection laws, including the Digital Personal Data Protection Act, 2023. Our processing of personal data is described in our Privacy Policy.

8. Warranties and Disclaimers

ABSRTS will perform the Services with reasonable care and skill consistent with industry standards. To the maximum extent permitted by law, the website and any content are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by applicable law, ABSRTS's aggregate liability arising out of or in connection with an engagement shall not exceed the fees paid by the client to ABSRTS under the relevant Engagement Agreement during the twelve (12) months immediately preceding the event giving rise to the claim. ABSRTS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity.

10. Indemnity

You agree to indemnify and hold ABSRTS, its directors, officers, employees, and affiliates harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms or your unlawful use of the Services.

11. Term and Termination

These Terms remain in effect while you use the website or have an active Engagement Agreement with us. Either party may terminate an Engagement Agreement as set out therein. We may suspend or terminate access to the website at any time for breach of these Terms.

12. Force Majeure

Neither party shall be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, epidemics, internet or telecommunications outages, or labour disputes.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Subject to the arbitration provision below, the courts at Pune, Maharashtra shall have exclusive jurisdiction over any dispute. Any dispute, controversy, or claim arising out of or relating to these Terms shall be finally resolved by arbitration administered under the Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Pune, India, and the language shall be English.

14. Grievance Redressal

In accordance with the Information Technology Act, 2000 and the rules made thereunder, any grievance regarding the website or Services may be addressed to our Grievance Officer at grievance@absrts.co.in.

15. Changes

We may update these Terms from time to time. Continued use of the website or Services after changes are posted constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms may be sent to contact@absrts.co.in.