Terms of service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Maxwize Online Private Limited ("Maxwize," "we," "us," or "our"), governing your access to and use of our website (maxwize.in), services, and any related applications.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.

2. Description of Services

Maxwize provides enterprise software implementation and consulting services, including but not limited to:

• CRM and Sales Automation (Zoho CRM, Zoho One)
• E-Commerce Solutions (Shopify, Shopify Plus)
• Website and Digital Presence Development
• Data Analytics and Business Intelligence
• Business Process Automation
• Digital Marketing Services

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.

3. User Accounts

3.1 Account Creation

To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

4. Service Agreements and Projects

4.1 Project Proposals

All project work will be governed by a separate Statement of Work (SOW) or project proposal that will be provided before work begins. The SOW will outline scope, deliverables, timelines, and pricing.

4.2 Fixed-Price Contracts

We operate on a fixed-price model. Once a project scope is agreed upon and a contract is signed, the price remains fixed for that scope. Any changes to scope will be documented and may result in additional charges.

4.3 Payment Terms

Unless otherwise specified in your project agreement:

• 40% of the project fee is due upon signing the agreement
• 30% is due at the project midpoint
• 30% is due upon project completion

Payments are due within 15 days of invoice date. Late payments may incur interest at 1.5% per month.

4.4 Refund Policy

We operate on a milestone-based payment system. If we fail to deliver agreed-upon milestones to your satisfaction, you will not be charged for those milestones. Refunds for completed and approved milestones are not available.

5. Intellectual Property

5.1 Our Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, and software, are owned by Maxwize and are protected by intellectual property laws.

5.2 Client Deliverables

Upon full payment, clients receive ownership of custom deliverables created specifically for their project. However, Maxwize retains ownership of:

• Pre-existing tools, templates, and methodologies
• General knowledge and expertise gained during the project
• Any reusable components or frameworks

5.3 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our services for your business purposes in accordance with these Terms.

6. Acceptable Use

You agree not to:

• Use our services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Transmit any viruses, malware, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Collect or store personal data about other users without their consent
• Use our services to send unsolicited communications (spam)
• Reverse engineer or attempt to extract source code from our software

7. Third-Party Services

Our services may integrate with or require the use of third-party services (e.g., Zoho, Shopify, payment processors). Your use of these services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or content of third-party services.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our engagement. This includes business strategies, technical specifications, customer data, and any other sensitive information.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or rightfully obtained from third parties.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. If any deliverable does not meet agreed-upon specifications, we will correct it at no additional cost.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We do not guarantee specific business outcomes or results from the use of our services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAXWIZE, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES.

Our total liability for any claims arising out of or related to these Terms or our services shall not exceed the amount paid by you to Maxwize during the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Maxwize and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, 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
• Any content or data you provide to us

12. Dispute Resolution

12.1 Governing Law

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

12.2 Arbitration

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall take place in Bengaluru, Karnataka, India.

12.3 Jurisdiction

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka, India.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between you and Maxwize regarding our services.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15. Contact Us

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

Maxwize Online Private Limited

Email: [email protected]

General Inquiries: [email protected]

Phone: +91 96795 13231

Location: Bengaluru, Karnataka, India