Acceptance of Terms
By engaging the services provided by Jewelxy Marketplace Pvt. Ltd. (“Company”), you agree to adhere to these Terms and Conditions, applicable to all users, visitors, and clients of Jewelxy.
1. Scope of Services
1.1 The Company agrees to provide software development services to the Client in accordance with these Terms and Conditions.
1.2 The specific services, objectives, deliverables, and timelines will be outlined in a separate project agreement as mutually agreed by both parties.
2. Intellectual Property
2.1 Software License: The Company grants the Client a non-exclusive, non-transferable license to use the software developed under this agreement.
2.2 Client Data and Content: All data and materials provided by the Client remain the exclusive property of the Client.
2.3 Company Ownership of Code: The Company retains rights to any source code unless otherwise agreed upon in writing.
3. Confidentiality
3.1 Both parties agree to maintain confidentiality regarding proprietary or confidential information disclosed during the project.
3.2 Disclosure to third parties requires prior written consent, except as required by law.
4. Payment Terms
4.1 Advance Payment: Required before development begins.
4.2 Late Payments: Payments are due upon milestone completion or according to a set schedule and may result in late fees or suspension of services for overdue payments.
4.3 Refund Policy: If the Client rejects deliverables after the review period, the Company will resolve the issues; if unresolved, the Client may terminate the agreement and receive up to a 50% refund.
4.4 Payment Processing Fees: The Client is responsible for any transaction fees incurred during payment.
5. Project Delivery and Acceptance
5.1 Delivery: The Company will deliver project components as per the agreed timeline.
5.2 Review Period: The Client has seven days to review deliverables before automatic acceptance.
6. Termination
6.1 Either party may terminate for cause with written notice.
7. Warranties and Disclaimers
7.1 No guarantees regarding specific outcomes unless outlined in the project agreement.
8. Force Majeure
8.1 Neither party is liable for delays due to unforeseen circumstances beyond their control, including third-party service failures.
9. Change Orders
9.1 Any modifications to the project scope require written agreement, subject to review of price, timeline, and other relevant factors.
10. Assignment
10.1 Rights or obligations cannot be transferred without prior written consent.
11. Limitation of Liability
11.1 Neither party is liable for indirect or consequential damages.
11.2 The Company’s liability is capped at total fees paid by the Client.
12. Data Privacy & Security
12.1 The Company complies with applicable data protection laws, including GDPR and India’s Data Protection Bill.
12.2 The Client is responsible for ensuring that any data provided to the Company complies with applicable data protection laws and does not infringe on third-party rights.
12.3 While AI tools process client data securely, the Client assumes associated risks.
13. Third-Party Service Dependencies
13.1 The Company relies on third-party providers (e.g., hosting, payment processors, AI tools) for service delivery.
13.2 The Company will make reasonable efforts to ensure third-party providers meet their SLAs (e.g., hosting uptime guarantees). However, it does not guarantee third-party performance and is not liable for their breaches.
13.3 If using third-party services directly, the Client must comply with their terms. For managed services, the Company will handle most interactions but is not responsible for independent Client actions.
13.4 Third-party failures may be classified as Force Majeure (see Section 8).
14. AI Usage Disclaimer
14.1 The Company uses third-party AI-powered tools for functions such as chatbots, SEO recommendations, and dynamic pricing algorithms.
14.2 The Client is responsible for reviewing AI-generated outputs before implementation and ensuring that such outputs comply with applicable laws, regulations, and third-party rights.
14.3 The Company is not liable for errors, inaccuracies, infringements, or unintended outcomes resulting from AI tool usage.
14.4 The Company does not control how third-party AI tools store, retain, or use processed data.
14.5 The Client agrees to indemnify, defend, and hold the Company harmless from any claims, damages, or losses arising from the Client’s use of AI-generated outputs.
15. Governing Law and Dispute Resolution
15.1 This agreement is governed by the laws of Gujarat, India.
16. Amendments
16.1 Any amendments require written agreement.
17. Transparency and Communication
17.1 The Company will maintain transparent communication and provide updates.
18. Contact Us
For questions or requests related to these Terms, please contact us at support@jewelxy.com.