Terms of Service

1. Agreement to Terms

By accessing or using the NxtGen Stack Technologies website (nxtgenstack.in) and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

These Terms constitute a legally binding agreement between you and NxtGen Stack Technologies ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting.

2. Services Description

NxtGen Stack Technologies provides the following services:

• AI Tools Implementation and Integration
• Custom Software Development
• 3D Web Experience Development
• Technology Consulting Services
• Website Design and Development
• Mobile Application Development

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable for any modification, suspension, or discontinuation of services.

3. User Obligations

As a user of our services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Comply with all applicable local, state, national, and international laws
• Not use our services for any illegal or unauthorized purpose
• Not interfere with or disrupt the integrity or performance of our services
• Not attempt to gain unauthorized access to our systems or networks

4. Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality on our website and in our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of NxtGen Stack Technologies or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Client Intellectual Property

Upon full payment for services rendered, clients retain ownership of the final deliverables created specifically for them. However, we reserve the right to:

• Display completed projects in our portfolio
• Use project details as case studies (with client permission)
• Retain ownership of any pre-existing intellectual property, templates, or frameworks used in the project

5. Payment Terms

Payment terms are established on a per-project basis and outlined in individual service agreements or proposals. General payment conditions include:

• Deposits: Projects typically require a 50% deposit before work begins
• Milestone Payments: Large projects may be structured with milestone-based payments
• Final Payment: Final payment is due upon project completion and before final delivery
• Late Payments: Invoices not paid within 30 days may incur a 1.5% monthly interest charge
• Payment Methods: We accept bank transfers, credit cards, and other agreed-upon payment methods

We reserve the right to suspend or terminate services for non-payment. All fees are non-refundable unless otherwise specified in writing.

6. Project Scope and Changes

All projects begin with a defined scope of work outlined in a proposal or statement of work (SOW). Any changes, additions, or modifications to the agreed-upon scope may result in additional charges and timeline adjustments.

Change requests must be submitted in writing and approved by both parties. We will provide a revised timeline and cost estimate for any scope changes before proceeding.

Clients are responsible for providing timely feedback, content, and materials necessary for project completion. Delays caused by client-side factors may result in timeline extensions and potential additional costs.

7. Warranties and Disclaimers

Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a 30-day warranty period after project completion for bug fixes and minor adjustments related to the original scope of work.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• That services will be uninterrupted, timely, secure, or error-free
• That results obtained from using our services will be accurate or reliable
• That any errors in software or deliverables will be corrected beyond the warranty period

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NxtGen STACK TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising out of or relating to these Terms or our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim, or $1,000, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless NxtGen Stack Technologies, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content or materials you provide to us

10. Termination

Either party may terminate a service agreement with written notice:

• Client Termination: Clients may terminate services at any time with written notice. All work completed up to the termination date must be paid for, and deposits are non-refundable.
• Company Termination: We reserve the right to terminate services immediately for breach of these Terms, non-payment, or if we reasonably believe that continuing services would violate laws or regulations.

Upon termination, you must immediately cease using our services and destroy any materials provided by us. We may also suspend or terminate your account for prolonged inactivity.

11. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation continues for 3 years after the termination of services.

Confidential information does not include information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully known prior to disclosure; (c) is independently developed; or (d) is rightfully obtained from third parties.

12. Third-Party Services

Our services may integrate with or rely on third-party services, software, or platforms. We are not responsible for:

• The availability, functionality, or security of third-party services
• Changes to third-party APIs, terms, or pricing that affect our services
• Data loss or security breaches caused by third-party services
• Costs associated with third-party services required for your project

You are responsible for maintaining accounts and paying fees for any third-party services used in your project.

13. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the dispute through good-faith negotiations.

If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit to binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in [Your Location], and the decision of the arbitrator shall be final and binding.

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

16. Entire Agreement

These Terms, together with any service agreements, proposals, or statements of work, constitute the entire agreement between you and NxtGen Stack Technologies regarding our services and supersede all prior agreements and understandings, whether written or oral.