Terms of Service

Effective Date: 21 June, 2021

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY. BY ENGAGING THE SERVICES OF PurpleJelly Developers Private Limited (operating as Triveni Developers) (the "Company", "we", "us", or "our"), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR SERVICES.

1. Definitions

For clarity throughout this Agreement, the following definitions apply:

  • Client / You / Your: The individual or legal entity that contracts our services.
  • Services: Custom software development including, but not limited to, web development, mobile app development, automation, AI-powered solutions, branding, and UI/UX design. Each engagement is further defined by a separate Statement of Work ("SOW").
  • Project / Deliverables: The final product(s) or work products specified in the SOW, including source code, design files, documentation, and other related materials.
  • Milestones: Specific phases or checkpoints within a project during which defined deliverables are submitted and reviewed.
  • Acceptance Testing: A review period following each milestone during which you evaluate and approve the deliverables. Your acceptance confirms that the deliverables meet the agreed specifications.
  • User Submissions: Any materials, assets, requirements, or proprietary information provided by you to facilitate project development.
  • Confidential Information: All non-public information disclosed by either party, including technical data, business processes, designs, and other proprietary materials.
  • Reactivation Fee: A fee applied for restarting a suspended project due to non-payment or other breaches as outlined below.

2. Scope of Services

2.1 General Description

  • Custom Solutions: We deliver tailored software solutions based on your unique requirements. Our services may involve web and mobile development, automation processes, and AI integrations.
  • Technology Stack: We utilize modern and robust frameworks such as Next.js, React, Node.js, Express, PostgreSQL, React Native, and others as appropriate to the project's needs.
  • Project Specifics: Every project is initiated with a detailed SOW which outlines deliverables, milestones, timelines, and responsibilities.

2.2 Client Dashboard and Communication

  • Transparency: Clients receive secure access to a dedicated online dashboard to monitor project progress, review milestone deliverables, and maintain open communication with our team.
  • Regular Updates: Progress reports and milestone updates are provided regularly, ensuring you are informed of developments and any adjustments needed during the project.

3. Engagement Process

3.1 Initial Consultation & Proposal

  • Consultation: A preliminary meeting (subject to a $5 booking fee) allows us to understand your project requirements in depth.
  • Proposal and SOW: Following the consultation, we provide a comprehensive proposal and SOW outlining project scope, timelines, milestones, payment schedules, and deliverables.

3.2 Project Initiation

  • Kick-Off: Upon your acceptance of the proposal, an initial 20% upfront payment is required to schedule project commencement.
  • Dedicated Project Manager: A project manager will be assigned to ensure seamless communication and adherence to project schedules.

3.3 Change Management

  • Flexibility: Any modifications to the project scope during development will be documented through a formal change order process, with adjustments made to timelines and costs as needed.
  • Client Approval: Changes require written approval from both parties to ensure clarity and maintain project alignment.

4. Account Registration & Client Responsibilities

4.1 Account Setup

  • Secure Registration: Clients must register using a valid email address and a secure password. Our platform ensures that all account credentials are encrypted and securely stored.

4.2 Provision of Information

  • Accurate Details: Clients are responsible for providing complete, accurate, and timely information, assets, and project requirements. This includes any necessary access credentials, design assets, and other materials.
  • Timely Feedback: To maintain project timelines, you are required to review and provide feedback on deliverables within the specified Acceptance Testing periods.

4.3 Data Security

  • Encryption: All client data, including User Submissions, is protected using industry-standard encryption (AES-256-GCM).
  • Confidentiality: Both parties agree to maintain the confidentiality of sensitive information and only use it for purposes directly related to the project.

5. Payment Terms

5.1 Fees and Payment Structure

  • Booking Fee: A $5 booking fee is charged to secure an initial consultation.
  • Upfront Payment: A 20% payment is required to begin the project, demonstrating your commitment to the engagement.
  • Milestone Payments: The project fee is segmented into milestone payments (typically 20% per milestone), payable upon successful completion and acceptance of each milestone.
  • Final Payment: The remaining balance is due upon final project delivery and acceptance.

5.2 Payment Methods and Timing

  • Secure Processing: Payments are processed through our Stripe-based portal using credit card or ACH transactions.
  • Invoice Due Dates: All invoices are payable within 7 days. Payments delayed by more than 1.5 to 2 weeks may result in suspension of work.
  • Reactivation Fee: Should the project be suspended due to non-payment, a 15% reactivation fee applies to resume work.

5.3 Cancellations and Refunds

  • Cancellation Policy: If you choose to cancel the project, you must provide a 1-2 week written notice. Fees for completed work remain non-refundable.
  • Restarting Projects: If a project is canceled due to payment delays, it can be restarted only upon settlement of any outstanding fees and the applicable reactivation fee.

6. Project Timelines and Deliverables

6.1 Timelines

  • Customized Schedule: Project timelines are defined in the SOW and are subject to adjustment based on mutual agreement.
  • Milestone Reviews: Each milestone includes clearly defined deliverables with a set review period to ensure that project outcomes meet agreed standards.

6.2 Acceptance Testing

  • Review Process: After the delivery of each milestone, you have a designated review period (typically 3 days) to evaluate the deliverables.
  • Feedback and Revisions: Any requested revisions during the review period will be addressed before progressing to the next milestone. Failure to provide feedback within the specified time frame will be considered acceptance.

7. Intellectual Property Rights

7.1 Ownership and License

  • Pre-Payment Rights: Until full payment is received, all project materials, source code, and deliverables remain the property of the Company.
  • Transfer of Ownership: Once full payment is made, ownership of the final deliverables transfers to you. However, we reserve the right to reuse non-specific, generic components and libraries.
  • Third-Party Software: Any third-party tools or libraries integrated into your project are subject to their respective licenses.

7.2 Client's Use

  • License to Use: Upon full payment, you are granted a perpetual, non-exclusive license to use the delivered materials for your internal business purposes.
  • Restrictions: You may not resell or redistribute the deliverables without our prior written consent.

8. Confidentiality and Data Protection

8.1 Confidentiality Obligations

  • Mutual Commitment: Both parties agree to treat all shared confidential information as proprietary and to take reasonable measures to protect it.
  • Limited Use: Confidential Information is to be used solely for the purpose of performing under this Agreement, and not for any other purpose.

8.2 Data Handling and Security

  • Data Encryption: All sensitive data and User Submissions are encrypted using AES-256-GCM standards.
  • Access Controls: Access to confidential information is limited to personnel who require it to fulfill their obligations under this Agreement.

9. Warranties and Disclaimers

9.1 Service Warranty

  • Defect Correction: We provide a 15-day warranty period following project delivery during which we will correct any defects that deviate from the SOW.
  • Warranty Scope: This warranty covers only the functionalities expressly defined in the SOW and does not include enhancements or future updates.

9.2 Disclaimer of Warranties

  • "As Is" Provision: All services are provided on an "as is" and "as available" basis. We expressly disclaim any warranties beyond those stated herein.
  • No Guarantee of Perfection: While we strive for excellence, you acknowledge that software development is complex and that unforeseen issues may arise.

10. Limitation of Liability and Indemnification

10.1 Limitation of Liability

  • Cap on Liability: Our total liability for any claim related to this Agreement shall not exceed the total fees paid by you for the project.
  • Exclusion of Damages: In no event will we be liable for any indirect, incidental, or consequential damages including loss of profits or data, even if advised of the possibility of such damages.

10.2 Indemnification

  • Client's Responsibility: You agree to indemnify and hold harmless the Company from any claims arising from your misuse of the deliverables or any breach of this Agreement, except where caused by our gross negligence or willful misconduct.

11. Support, Maintenance, and Post-Delivery Services

11.1 Complimentary Support

  • Initial Maintenance: Five months of complimentary support and maintenance is included to address any post-delivery issues or bugs.
  • Training: Basic training to help you effectively use the delivered solution is provided as part of the project completion.

11.2 Extended Support

  • Additional Services: Should you require ongoing maintenance, updates, or advanced training beyond the initial period, these services will be offered under a separate support agreement at agreed-upon rates.

12. Term and Termination

  • Duration: This Agreement remains in effect until the project is completed and all payments are made, or until terminated as described herein.
  • Termination for Cause: Either party may terminate this Agreement for material breach if such breach remains uncured for 14 days after written notice.
  • Effect of Termination: Upon termination, you must pay for all services rendered up to the termination date. Provisions related to payment, confidentiality, and intellectual property survive termination.

13. Dispute Resolution

  • Good Faith Resolution: Both parties agree to attempt to resolve any disputes in good faith through direct negotiation before pursuing other remedies.
  • Mediation: If direct negotiation fails, the parties agree to seek mediation before pursuing litigation.

14. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemic, terrorism, war, or governmental actions.

15. Miscellaneous

  • Entire Agreement: This Agreement, together with any SOW or project-specific documentation, constitutes the entire understanding between you and the Company regarding our services.
  • Severability: If any provision of this Agreement is deemed unenforceable, the remaining provisions will remain in full force and effect.
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

16. Contact Information

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

By engaging our services, you confirm that you have read, understood, and agreed to these Terms of Service.

Last Updated: March 15, 2025 | PurpleJelly Developers Private Limited (operating as Triveni Developers)