1. Agreement to Terms & Contractual Framework
Binding legal relationship established upon accessing services or signing proposals.
By accessing, browsing, or utilizing our applications, websites, APIs, or software development services (collectively, "The Service"), you acknowledge and agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you are explicitly prohibited from accessing or using our services.
These Terms apply uniformly to all visitors, registered account holders, clients, third-party contractors, and commercial entities who access or use The Service. For bespoke enterprise or custom software development, any executed Statement of Work (SOW), Master Services Agreement (MSA), or official proposal operates in conjunction with these terms. In the event of a direct conflict between an executed SOW and these general terms, the terms in the executed SOW shall supersede.
2. Acceptable Use Policy & Platform Conduct
Permitted actions, usage limits, and strict prohibitions against harmful activities.
You agree not to use The Service for any purpose that is unlawful, prohibited by these Terms, or detrimental to the integrity of our software network. You are strictly held responsible for all actions conducted under your account credentials.
You explicitly agree that you shall NOT:
1. Attempt to decompile, reverse engineer, disassemble, or derive the underlying source code of our proprietary software unless explicitly authorized by law or contract.
2. Circumvent, disable, or tamper with security-related mechanisms, rate limiting, or authentication firewalls.
3. Deploy automated scrapers, crawlers, stress bots, or denial-of-service scripts against our cloud infrastructure.
4. Transmit any malicious code, viruses, malware, trojans, ransomware, or logic bombs.
5. Use our platforms to transmit defamatory, offensive, harassing, or illegal content.
6. Resell or redistribute software instances unless licensed under an explicit multi-tenant or white-label partnership agreement.
3. Intellectual Property, Source Code & Deliverables
Ownership rights of developed code, client assets, and proprietary frameworks.
Progremmo respects and protects intellectual property rights with utmost diligence:
- **Client Deliverables & Custom Code:** Upon complete payment of all agreed invoice fees stipulated in an active agreement or SOW, full proprietary ownership, title, and copyright to bespoke source code, custom mobile applications, database architectures, and customized designs created specifically for the Client shall transfer directly to the Client.
- **Pre-existing Frameworks & Base Libraries:** Progremmo retains ownership over its pre-existing internal libraries, design boilerplates, scaffolding tools, and generalized software architecture patterns. Clients are granted a perpetual, royalty-free, non-exclusive license to use and adapt these components within their custom deliverables.
- **Brand & Trademarks:** Our trademarks, brand identity, logos, and website materials remain the exclusive property of Progremmo. You may not use them without prior written approval.
- **Feedback & Suggestions:** Any feedback, enhancement proposals, or bug reports submitted to us are voluntary, and Progremmo shall be free to incorporate them without obligation or royalty.
4. User Accounts, Credentials & Security
Account registration obligations and credential protection.
When you create an account, register on our platforms, or receive client administrative portal access, you must provide information that is authentic, accurate, complete, and current at all times. Failing to do so represents a material breach of these Terms, which may result in immediate suspension or termination of your account.
You are solely responsible for:
- Maintaining the absolute confidentiality of your passwords and session tokens.
- Restricting unauthorized physical or digital access to your computing environment.
- Promptly notifying Progremmo via theprogremmo@gmail.com upon noticing any unauthorized entry, password compromise, or security breach.
We cannot and will not be liable for any losses or damages arising from your failure to safeguard your credentials.
5. Pricing, Quotations & Payment Terms
Currency denominations in INR, billing cycles, and milestone disbursements.
All project costs, quotation tiers, hourly rates, and monthly dedicated retainers are quoted and invoiced primarily in **Indian Rupees (INR)**, unless an international currency contract has been executed in writing.
- **Milestone-Based Projects (Fixed Price):** Projects are divided into agreed technical milestones (e.g., Discovery & UI/UX, Core Architecture & APIs, Staging Deployment, Final Handover). Work advances upon receipt of the respective milestone payment.
- **Time & Materials (Hourly):** Invoiced bi-weekly or monthly based on verified timesheets and task tracker logs.
- **Dedicated Team Retainers:** Billed upfront on a monthly cycle.
- **Late Payments:** Invoices not settled within fifteen (15) calendar days of issuance may be subject to a late fee of 1.5% per month or the statutory maximum allowed by law, and may result in the temporary suspension of development sprints or staging access until arrears are cleared.
6. Project Revisions, Scope Creep & Change Requests
Procedures for managing feature modifications and project timeline adjustments.
Every software project begins with an initial agreed Scope of Work. We recognize that client requirements may evolve as market conditions shift.
To maintain predictable schedules and budget control:
- Minor design or layout refinements within reason are accommodated during the active sprint review window.
- Material additions, architectural revisions, third-party API replacements, or additional user journeys not documented in the initial specification will be documented via a formal Change Request (CR).
- A Change Request will specify the additional development hours, impact on delivery deadlines, and associated pricing adjustments prior to execution.
7. Warranties, Support & Maintenance Disclaimers
Post-launch warranty periods, bug fixing, and platform guarantees.
Progremmo warrants that bespoke software deliverables will substantially conform to the specifications outlined in the agreed SOW upon deployment.
- **Complimentary Warranty:** Fixed-price projects include a standard thirty (30) day post-launch bug-fix warranty covering defects directly originating from our custom code.
- **Exclusions:** The warranty does not cover issues resulting from client modifications to source code, third-party platform API outages (e.g., unexpected changes by Apple App Store, Google Play, payment gateways, or OpenAI), server hardware failures, or force majeure events.
- **Ongoing Support:** After the warranty period expires, continuous updates, OS compatibility adjustments, and feature enhancements are serviced through our monthly maintenance & support retainers.
8. Limitation of Liability & Consequential Damages
Cap on financial exposure and exclusion of indirect damages.
To the maximum extent permitted by applicable Indian and international law, in no event shall Progremmo, its founders, directors, employees, contractors, partners, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.
This includes, without limitation:
- Loss of corporate profits, business goodwill, sales, or anticipated revenues.
- Loss, corruption, or unrecoverability of operational data.
- Third-party downtime or business interruptions.
In all scenarios, the total aggregate liability of Progremmo arising out of or related to The Service, whether in contract, tort (including negligence), warranty, or otherwise, shall be strictly limited to the actual amount paid by the Client to Progremmo in the six (6) months immediately preceding the event giving rise to liability.
9. Termination, Suspension & Handover
Contract conclusion guidelines, mutual severance, and code delivery upon exit.
Either party may terminate an active ongoing engagement by providing fourteen (14) days written notice if the other party breaches any material term and fails to cure such breach within the notice window.
Upon termination:
- The Client shall compensate Progremmo for all work performed, sprints completed, and authorized expenses incurred up to the effective termination date.
- Upon receipt of outstanding dues, Progremmo will hand over all completed source repositories, digital assets, database dumps, and deployment keys.
- Sections concerning Intellectual Property, Limitation of Liability, Indemnification, Confidentiality, and Governing Law shall survive termination.
10. Governing Law, Jurisdiction & Dispute Resolution
Legal jurisdiction in Noida, Uttar Pradesh, and structured dispute arbitration.
These Terms, and all disputes arising out of or in connection with them or our services, shall be governed by and construed in accordance with the substantive laws of India, without regard to its conflict of law principles.
- **Amicable Settlement:** The parties agree to first endeavor to resolve any dispute, controversy, or claim through good-faith executive negotiations within thirty (30) days of written notice.
- **Arbitration:** If unresolved through dialogue, the dispute shall be referred to and finally resolved by arbitration administered under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be **Noida / Gautam Buddha Nagar, Uttar Pradesh, India**.
- **Courts:** Subject to the arbitration clause, the courts having jurisdiction in Gautam Buddha Nagar, Uttar Pradesh, India shall hold exclusive territorial jurisdiction.