Terms of Use

1. Acceptance of these Terms

These Terms of Use (“Terms”) govern your access to and use of the website located at https://www.bitstobug.com and any content, functionality or services offered on or through it (the “Website”), operated by BitsToBug Studios LLP, a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008, bearing LLPIN ACL-6665 and GSTIN 09ABEFB3028Q1Z4, having its registered office at 1st Floor, E-137, Panki Road, Near Rotomac Factory, Kanpur Nagar, Uttar Pradesh 208020, India, and operating from its principal place of business at Noida, Uttar Pradesh, India (“BitsToBug”, “we”, “us” or “our”).

By accessing or using the Website you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Website.

2. Definitions

• “Content” means all text, graphics, logos, images, software, code, designs, documentation and other material made available on the Website.
• “Services” means the professional engineering, cloud, artificial intelligence, design and related services offered by BitsToBug under a separate written agreement.
• “User” or “you” means any person accessing or using the Website.

3. Eligibility

You represent that you are at least eighteen years of age and have the legal capacity to enter into a binding agreement. If you use the Website on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.

4. Scope: Website use and client engagements

These Terms govern use of the Website only. They do not constitute an offer to provide Services. Any provision of Services is governed exclusively by a separate written master services agreement, statement of work, proposal or purchase order executed between BitsToBug and the client. In the event of any conflict between these Terms and such an agreement in relation to Services, that agreement prevails.

Nothing on the Website constitutes a binding quotation, a warranty of outcome, or professional advice on which you should rely without independent verification.

5. Licence to use the Website

Subject to your compliance with these Terms, we grant you a limited, revocable, non exclusive, non transferable and non sublicensable licence to access and use the Website for your internal business or personal informational purposes. All rights not expressly granted are reserved.

6. Acceptable use

You must not, and must not permit any third party to:

• use the Website in violation of any applicable law or regulation;
• copy, reproduce, republish, distribute, sell, licence or create derivative works from the Content without our prior written consent;
• use automated means, including robots, scrapers or crawlers, to access, monitor or copy the Website, except for search engine indexing in accordance with our robots file;
• introduce viruses, trojans, worms, logic bombs or other malicious or technologically harmful material;
• attempt to gain unauthorised access to, interfere with, damage or disrupt the Website, its servers, or any connected systems or networks;
• conduct any penetration test, vulnerability scan or security assessment of our systems without our prior written authorisation, save as permitted under our Responsible Disclosure Policy;
• use the Website to transmit unsolicited commercial communications, or to impersonate any person or entity;
• remove, obscure or alter any proprietary notices, including copyright or trademark notices.

Our full Acceptable Use Policy is published at https://www.bitstobug.com/acceptable-use and forms part of these Terms.

7. Intellectual property

The Website and all Content are owned by BitsToBug or its licensors and are protected by Indian and international copyright, trademark, database and other intellectual property laws. The BitsToBug name, the BitsToBug logo and all related marks are trademarks of BitsToBug Studios LLP. You may not use them without our prior written permission.

Third party names, logos and trademarks appearing on the Website are the property of their respective owners and are used for identification purposes only. Their appearance does not imply endorsement or affiliation unless expressly stated.

Client deliverables. Intellectual property in work product created for a client is governed by the applicable services agreement. Where that agreement so provides, all rights in the deliverables transfer to the client upon receipt of full payment.

8. Submissions and feedback

If you submit an enquiry, application, comment, suggestion or other material to us, you grant BitsToBug a worldwide, royalty free, perpetual, irrevocable and sublicensable licence to use, reproduce and incorporate that material for the purpose of operating and improving our business, without obligation of confidentiality, attribution or compensation. This does not apply to personal data, which is handled in accordance with our Privacy Policy, or to information covered by a non disclosure agreement in force between us.

Do not submit confidential or proprietary information through public forms on the Website. If you wish to share confidential information, request a non disclosure agreement first.

9. Third party links and services

The Website may contain links to third party websites, products or services, including our affiliated products. Such links are provided for convenience only. We do not control, endorse or assume responsibility for the content, privacy practices or availability of any third party resource, and your use of it is at your own risk and subject to its own terms.

10. Availability and changes

We aim to keep the Website available but do not guarantee uninterrupted or error free access. We may modify, suspend or discontinue any part of the Website, temporarily or permanently, with or without notice, and we will not be liable to you or any third party for doing so.

11. Disclaimers

The Website and all Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, BitsToBug disclaims all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non infringement.

We do not warrant that the Content is accurate, complete, current or free from error, that the Website will be secure or uninterrupted, or that any defect will be corrected. Case studies, statistics, timelines and performance figures published on the Website are illustrative, relate to specific engagements, and are not a guarantee of comparable results. Our full Disclaimer is published at https://www.bitstobug.com/disclaimer.

12. Limitation of liability

To the fullest extent permitted by applicable law, BitsToBug, its partners, employees, agents and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings or data, arising out of or in connection with your use of, or inability to use, the Website, whether based in contract, tort, negligence, strict liability or otherwise, even if advised of the possibility of such damages.

Our aggregate liability arising out of or relating to the Website shall not exceed one thousand Indian Rupees (INR 1,000). Liability arising from Services is governed exclusively by the applicable services agreement.

Nothing in these Terms excludes or limits liability which cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

13. Indemnity

You agree to indemnify, defend and hold harmless BitsToBug and its partners, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms, your misuse of the Website, or your violation of any law or the rights of a third party.

14. Suspension and termination

We may suspend or terminate your access to the Website at any time, without notice, if we reasonably believe you have breached these Terms or that your use poses a risk to us, our clients or other users. Sections which by their nature should survive termination, including Sections 7, 8, 11, 12, 13, 15 and 16, shall survive.

15. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, including non contractual disputes or claims, are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Subject to Section 16, the courts at Noida, Gautam Buddha Nagar, Uttar Pradesh, India shall have exclusive jurisdiction.

16. Dispute resolution

The parties shall first attempt in good faith to resolve any dispute through discussion between senior representatives within thirty days of written notice. If the dispute remains unresolved, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement between the parties. The seat and venue of arbitration shall be Noida, Uttar Pradesh, India, and the language shall be English. The award shall be final and binding on the parties. Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

17. Force majeure

We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, governmental action, failure of telecommunications or internet infrastructure, power failure, or cyber attack.

18. General

• Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy and Disclaimer, constitute the entire agreement between you and BitsToBug regarding the Website.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and BitsToBug.
• Changes. We may revise these Terms at any time. The revised version takes effect when published, with the last updated date amended. Continued use of the Website constitutes acceptance.

19. Contact

Questions about these Terms may be sent to support@bitstobug.com, or by post to BitsToBug Studios LLP, 1st Floor, E-137, Panki Road, Near Rotomac Factory, Kanpur Nagar, Uttar Pradesh 208020, India.