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Terms of Service

Last updated: Sep 6, 2024

1. Introduction

Welcome to Mugen Tech Private Limited ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our AI consulting and development services, including but not limited to custom AI tool development, AI consulting, and strategy sessions ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Services

2.1. Service Description

We provide AI development, consulting, and other services as outlined in our service agreement with you. These may include:

2.2. Service Delivery

We will provide the Services professionally and in accordance with industry standards. We may use subcontractors or third-party service providers to perform certain aspects of the Services, but we remain fully responsible for the delivery of all Services.

3. Client Responsibilities

3.1. You agree to provide us with the necessary information, access, and assistance required to perform the Services.

3.2. You are responsible for reviewing and testing any deliverables we provide and notifying us of any issues within the timeframe specified in our agreement.

4. Intellectual Property

4.1. Ownership of Deliverables

Upon full payment, you will own all right, title, and interest in and to any deliverables created specifically for you under our agreement, including all Intellectual Property Rights therein, except for any pre-existing or independently developed Contractor IP.

4.2. Contractor IP

We retain ownership of all pre-existing Intellectual Property Rights owned by us prior to our agreement, as well as any tools, techniques, methods, concepts, and know-how developed by us during the performance of the Services that are of general application and not specific to your business.

4.3. License

To the extent that any of our IP is incorporated into the deliverables, we grant you a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute such IP solely as part of the deliverables and for your internal business purposes.

5. Confidentiality

5.1. Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services.

5.2. This confidentiality obligation survives the termination of our agreement.

6. Payment

6.1. Fees

You agree to pay the fees as outlined in our service agreements. This may include a one time payment, monthly retainer and/or a profit share arrangement.

6.2. Payment Terms

Payment terms are as specified in our service agreement. Typically, this includes a monthly recurring payment and, if applicable, a profit share payment based on revenue generated. Unless otherwise specified, invoices are due within 7 days of the invoice date.

7. Term and Termination

7.1. These Terms will remain in effect for the duration of our service agreement.

7.2. Either party may terminate the agreement for cause upon written notice if the other party materially breaches the agreement and fails to cure such breach within the specified notice period.

7.3. After any initial term, either party may terminate the agreement without cause upon sixty (60) days' written notice.

8. Limitation of Liability

8.1. To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

8.2. Our total liability arising out of or related to these Terms will not exceed the total amount paid by you for the Services in the twelve months preceding the event giving rise to the liability.

9. Indemnification

Each party agrees to indemnify and hold harmless the other party from and against any third-party claims arising out of or resulting from the indemnifying party's breach of these Terms, negligence, or willful misconduct.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Rajkot, Gujarat, India.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, or government actions.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and sending an email to the email address associated with your account. Your continued use of the Services after such modifications will constitute your acceptance of the updated 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 so that these Terms will otherwise remain in full force and effect and enforceable.

14. Entire Agreement

These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings, whether written or oral.

15. Accessibility

We are committed to making our Services accessible to all users. If you have any accessibility concerns or require assistance, please contact us at mugen.automation@gmail.com.

16. Contact Information

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

Mugen Tech Private Limited

Email: mugen.automation@gmail.com

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.