Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a binding agreement between you and Nilesoft (“Nilesoft,” “we,” “us,” or “our”). By accessing nilesoftai.com(the “Site”) or engaging our services (the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Site or the Services.

2. Definitions

• “Client” means any party that engages Nilesoft to provide Services.
• “Engagement” means a specific project, statement of work, or services agreement entered into between Nilesoft and a Client.
• “Deliverables” means the work product created by Nilesoft for a Client under an Engagement.

3. Services

Nilesoft provides software product development, design, consulting and engineering talent services. The Site presents general information about our work and capabilities. Specific Services, scope, timelines and fees are defined in a separate written Engagement, which prevails over these Terms in the event of any conflict.

4. Eligibility

You represent that you are at least 18 years old and have the legal authority to enter into these Terms, including on behalf of any organisation you represent.

5. Engagements, Fees and Payment

• The scope, deliverables, schedule and fees for any project are set out in the applicable Engagement.
• Unless otherwise agreed in writing, invoices are payable within the period stated on the invoice. Late payments may be subject to interest and may result in suspension of work.
• Fees are exclusive of applicable taxes, which are the Client’s responsibility unless stated otherwise.

6. Intellectual Property

6.1 Deliverables

Upon full payment of all fees due under an Engagement, Nilesoft assigns to the Client the intellectual property rights in the Deliverables created specifically for that Client, except as set out below.

6.2 Pre-existing and background IP

Nilesoft retains all rights in its pre-existing materials, tools, frameworks, libraries and know-how (“Background IP”). Where Background IP is incorporated into Deliverables, Nilesoft grants the Client a non-exclusive, perpetual licence to use it as part of the Deliverables.

6.3 Site content

All content on the Site, including text, graphics, logos and the Nilesoft name, is owned by or licensed to Nilesoft and protected by intellectual-property laws. You may not reproduce or distribute it without our prior written consent.

7. Client Responsibilities

• provide timely access to information, materials, approvals and personnel reasonably required for the Services;
• ensure that any materials you provide do not infringe third-party rights or violate applicable law; and
• maintain appropriate backups and security for your own systems and data.

8. Confidentiality

Each party may receive confidential information from the other. Each party agrees to protect the other’s confidential information with reasonable care, to use it only for the purposes of the Engagement, and not to disclose it to third parties except as required by law or as necessary to perform the Services.

9. Warranties and Disclaimers

We perform the Services with reasonable skill and care. Except as expressly stated in an Engagement, the Site and Services are provided “as is” and “as available,” and Nilesoft disclaims all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.

10. Limitation of Liability

To the maximum extent permitted by law, Nilesoft shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to an Engagement shall not exceed the fees paid by the Client to Nilesoft under that Engagement in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Nilesoft and its personnel from any claims, damages, liabilities and expenses arising out of your breach of these Terms, your misuse of the Services, or materials you provide to us.

12. Term and Termination

Either party may terminate an Engagement as set out in the applicable agreement. We may suspend or terminate your access to the Site at any time if you breach these Terms. Provisions that by their nature should survive termination — including intellectual property, confidentiality and limitation of liability — will survive.

13. Governing Law

These Terms are governed by the laws of India, without regard to its conflict-of-laws principles. The courts located in India shall have jurisdiction over any disputes arising out of or relating to these Terms, unless otherwise agreed in writing in an Engagement.

14. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last updated” date. Your continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.

15. Contact Us

Questions about these Terms can be sent to support@nilesoftai.com.