Terms of Service

These Terms of Service (“Terms”) govern your use of the website at kaizentechservice.com(the “Site”) and the services provided by Kaizen Tech Service(“we”, “us”, “our”). By using the Site or engaging us, you agree to be bound by these Terms.

1. Who we are

Kaizen Tech Service is the trading name of Kaizentechservice, a mobile-application design and development studio based in Surat, Gujarat, India, registered with the Government of India as a Micro Enterprise under Udyam registration UDYAM-GJ-22-0619445. Full registered business details are listed on the Contact page.

2. Services

We provide custom design, development, deployment, and maintenance of mobile applications (iOS, Android, Flutter, React Native), associated backend systems, and store-submission services. Specific scope, deliverables, timeline, and pricing for an engagement are defined in a separate Statement of Work (“SOW”) or Master Services Agreement (“MSA”) signed by both parties. In case of conflict between these Terms and an SOW/MSA, the SOW/MSA prevails for that engagement.

3. Quotes and engagement

Quotes shared during discovery are estimates valid for 30 days unless stated otherwise. An engagement begins only after both parties sign an SOW and any required deposit has cleared.

4. Pricing, invoicing, and payment

• All prices are exclusive of applicable taxes (GST, VAT, etc.) unless stated.
• Fixed-fee engagements are invoiced per milestone as defined in the SOW.
• Time-and-materials engagements are invoiced monthly in arrears.
• Payments are due within 14 days of invoice date unless otherwise agreed.
• Late payments may incur interest at 1.5% per month or the maximum allowed by law, whichever is lower, and may pause delivery of further work.

5. Intellectual property

Subject to full payment of all amounts due under the relevant SOW:

• All custom deliverables we produce specifically for you (source code, designs, documentation) are assigned to you on delivery.
• We retain ownership of pre-existing tools, libraries, frameworks, and generally-applicable know-how used in delivering the Services. You receive a perpetual, non-exclusive, royalty-free licence to use those components solely as incorporated in your deliverables.
• Unless explicitly restricted by an NDA, we may reference our involvement in your project (project name, logo, anonymised outcomes) in our marketing materials. Specific confidential details remain protected.

6. Confidentiality

We sign mutual non-disclosure agreements on request and treat all non-public information you share with us as confidential. We use such information solely to deliver the Services and protect it with the same care we apply to our own confidential information (and no less than reasonable care).

7. Client responsibilities

You agree to:

• Provide timely feedback, approvals, and required content/assets.
• Designate a single point of contact authorised to make decisions.
• Ensure that any third-party content you provide does not infringe on others’ rights.
• Pay invoices on time per the SOW.

8. Warranties and disclaimers

We warrant that our work will be performed in a professional manner consistent with industry standards. Beyond this, the Services and Site are provided on an “as-is” basis. We disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose, to the maximum extent permitted by law.

9. Limitation of liability

To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total aggregate liability arising out of or related to an engagement shall not exceed the fees paid to us under the relevant SOW in the twelve (12) months preceding the claim.

10. Indemnity

Each party will indemnify the other against third-party claims arising from (a) breach of these Terms, (b) infringement of intellectual-property rights, or (c) gross negligence or wilful misconduct, subject to the indemnifying party being given prompt notice and reasonable cooperation.

11. Term and termination

Engagements terminate when the SOW is complete. Either party may terminate for cause (uncured material breach after 30 days’ written notice) or for convenience as permitted in the SOW. On termination you are responsible for fees due for work performed up to the termination date; we will deliver work-in-progress upon payment.

12. Refunds

Refund and cancellation handling is described in our Refund & Cancellation Policy.

13. Governing law and dispute resolution

These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms shall be resolved through good-faith negotiation first; failing that, through arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator and seat at Surat, Gujarat, in English. Subject to the foregoing, courts at Surat, Gujarat shall have exclusive jurisdiction.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via the Site or by email. Continued use of the Site or Services after a change means you accept the updated Terms.

15. Contact

For questions about these Terms, write to kaizentechservice@gmail.com or see the Contact page.