Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you, the user, and INDIACODE, LLC, a limited liability company organized under the laws of the United States with its principal place of business at 3350 S 2940 E Unit 9261, Salt Lake City - 84109-7012, United States (US). By accessing or using the IndiaCode website at https://www.indiacode.lat, engaging our professional services or otherwise interacting with our platform, you expressly agree to be bound by these terms in their entirety.
If you are using our services on behalf of an organization or business entity, you represent and warrant that you have the authority to bind that entity to these terms. In such cases, references to you or your in these terms shall refer to both you as an individual and the entity you represent. If you do not have such authority, or if you do not agree with any provision of these terms, you must not access or use our services.
We reserve the right to refuse service to anyone for any reason at any time. These terms apply to all visitors, users, clients and others who access or use our services. By continuing to use our services, you acknowledge that you have read, understood and agreed to be bound by these terms as they exist at the time of your use, including any modifications that may be made from time to time as described in the Modifications to Terms section.
Description of Services
IndiaCode provides computer systems design and related services, including but not limited to custom software development, cloud architecture design and migration, systems integration, cybersecurity assessment and hardening, data engineering and analytics platform development, IT consulting and digital transformation advisory services. A detailed description of the services applicable to your engagement will be set forth in a separate service agreement, statement of work or project proposal.
We reserve the right to modify, suspend or discontinue any aspect of our services at any time without prior notice, though we will make reasonable efforts to communicate material changes to clients with active engagements. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services, except as may be expressly provided in a written service agreement between you and IndiaCode.
Our services are provided on a professional basis and we strive to meet the highest standards of quality, reliability and performance. However, the specific deliverables, timelines, milestones and acceptance criteria for each engagement are defined in the governing service agreement. Nothing in these general terms creates an obligation on our part to deliver any specific service or outcome without a separate written agreement.
Eligibility
By using our services, you represent and warrant that you are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater. Our services are not intended for use by minors, and we do not knowingly enter into contractual relationships with individuals who do not meet the minimum age requirement. If we discover that a user is under the required age, we will terminate the account and delete any associated personal information in accordance with our Privacy Policy.
You further represent that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a terrorist supporting country, and that you are not listed on any United States government list of prohibited or restricted parties. You agree to comply with all applicable local, state, national and international laws and regulations in connection with your use of our services.
If you are an entity, the individual accepting these terms on behalf of the entity represents and warrants that they are duly authorized to act on behalf of the entity and to bind the entity to these terms. The entity further represents that it is duly organized, validly existing and in good standing under the laws of its jurisdiction of formation.
Account Registration and Security
Certain features of our services may require you to create an account. When you register for an account, you agree to provide accurate, current and complete information as prompted by the registration form, and to promptly update that information if it changes. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials or from any unauthorized access to or use of your account. We reserve the right to disable any user account at our sole discretion if we believe that the account has been compromised or used in violation of these terms.
You may not use as a username the name of another person or entity that is not lawfully available for your use, a name or trademark that is subject to any rights of another person without appropriate authorization, or a name that is offensive, vulgar or obscene. We reserve the right to refuse registration of or cancel any username in our sole discretion.
User Obligations and Responsibilities
As a user of our services, you agree to provide all necessary cooperation, information and access reasonably required for us to perform the agreed services. This includes timely responses to our inquiries, provision of accurate technical specifications and business requirements, and granting appropriate access to systems and environments that are within the scope of the engagement. Delays caused by your failure to provide necessary cooperation may affect project timelines and are not the responsibility of IndiaCode.
You are responsible for maintaining backups of your data and systems before we commence any work on your environment. While we take every precaution to safeguard your data during the course of our engagement, you acknowledge that data loss can occur due to factors beyond our reasonable control and agree that you bear the primary responsibility for ensuring your data is adequately backed up before any intervention on our part.
You agree to use our services only for lawful purposes and in accordance with these terms. You shall not use our services in any manner that could damage, disable, overburden or impair our systems or interfere with any other party use of our services. You are solely responsible for ensuring that your use of our services complies with all applicable laws, regulations and industry standards relevant to your business.
Intellectual Property Rights
All content, features and functionality available through our website and services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, documentation and the design, selection and arrangement thereof, are the exclusive property of INDIACODE, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws.
Upon full payment for services rendered, we grant you a non-exclusive, non-transferable, perpetual license to use the deliverables created specifically for you in the course of the engagement for your internal business purposes. This license does not include the right to resell, sublicense or distribute the deliverables to third parties, unless expressly agreed in writing. We retain ownership of all pre-existing tools, frameworks, libraries and methodologies used in the development of your deliverables, as well as all general knowledge, skills and experience acquired during the engagement.
You grant us a non-exclusive, worldwide, royalty-free license to use your name, logo and a general description of the services provided for the purpose of identifying you as a client in our marketing materials, website and portfolio, unless you expressly opt out by providing written notice. Any feedback, suggestions or ideas you provide regarding our services may be used by us without restriction or obligation to compensate you.
User Generated Content
Our services may allow you to submit, upload, publish or otherwise transmit content, including but not limited to text, images, documents, data files and communications. You retain all ownership rights in the content you submit. By submitting content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt and process your content solely as necessary to provide our services to you.
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to submit any content you provide, and that such content does not infringe upon the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party. You are solely responsible for the content you submit and for any consequences arising from its submission.
We do not endorse any user generated content and expressly disclaim any liability in connection with such content. We reserve the right, but have no obligation, to monitor, review, remove or refuse to transmit any content that we deem, in our sole discretion, to be in violation of these terms or otherwise objectionable. We may also preserve or disclose user content if required to do so by law or in the good faith belief that such action is reasonably necessary.
Prohibited Activities
You agree not to engage in any of the following prohibited activities in connection with your use of our services: violating any applicable law, regulation or ordinance; infringing upon our intellectual property rights or the intellectual property rights of others; submitting false, misleading or fraudulent information; transmitting viruses, malware or any other malicious code; attempting to gain unauthorized access to our systems, servers or networks; interfering with or disrupting the operation of our services; or using our services for any purpose that is harmful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable.
You further agree not to reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or underlying structure of any software or technology provided as part of our services, except to the extent such restriction is expressly prohibited by applicable law. You shall not use any automated means, including robots, spiders, scrapers or data mining tools, to access, collect or harvest information from our website without our prior written consent.
Any violation of this section may result in immediate termination of your access to our services, removal of your content and, where appropriate, notification to law enforcement authorities. We reserve the right to investigate and prosecute violations of these terms to the fullest extent permitted by law and to cooperate with law enforcement authorities in the investigation of any suspected illegal activity.
Third Party Services and Links
Our website and services may contain links to third party websites, applications or services that are not owned or controlled by IndiaCode. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service or practices of any third party websites or services. You acknowledge and agree that IndiaCode shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any third party websites.
We strongly advise you to read the terms of service and privacy policies of any third party website or service that you visit. Your interactions with any third party, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and the third party. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
We may use third party tools, platforms and services to deliver aspects of our services to you. Your use of such tools may be subject to the terms and conditions of the respective third party provider. We will inform you when third party tools are part of a service engagement, but you are responsible for reviewing and complying with any applicable third party terms.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE.
We make no warranty regarding the quality, accuracy, completeness, reliability or timeliness of any information, content or deliverables provided through our services. Any reliance you place on such information is strictly at your own risk. We do not warrant that any defects or errors in our services will be corrected, or that our services or the servers that make them available are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Limitation of Liability
To the fullest extent permitted by applicable law, INDIACODE, LLC and its officers, directors, employees, agents, affiliates, successors and assigns shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data or other intangible losses, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, arising out of or in connection with your use of or inability to use our services, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for any claims arising out of or relating to these terms or our services, whether in contract, tort or otherwise, shall not exceed the greater of (a) the total amount paid by you to IndiaCode for services during the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD 100). The existence of multiple claims shall not enlarge this limit.
The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and IndiaCode. The services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us or through our services shall create any warranty, representation or guarantee not expressly stated in these terms.
Indemnification
You agree to defend, indemnify and hold harmless INDIACODE, LLC and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys fees and court 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 right including without limitation any intellectual property right, publicity, confidentiality, property or privacy right, or any claim that your content caused damage to a third party.
This indemnification obligation shall survive the termination of these terms and your use of our services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any matter subject to indemnification without our prior written consent.
We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Your indemnification obligations are contingent upon such notice being provided, provided that any failure to notify you shall not relieve you of your indemnification obligations except to the extent that you are materially prejudiced by such failure.
Termination and Suspension
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms. Upon termination, your right to use our services will immediately cease. If you wish to terminate your account or your relationship with us, you may simply discontinue using our services and notify us of your intent to terminate.
All provisions of these terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability and dispute resolution provisions. Termination of your access to our services does not relieve you of any obligation to pay fees that have accrued or are otherwise owed to IndiaCode as of the date of termination.
Upon termination of a service engagement for any reason, we will return or destroy, at your election, any of your confidential information in our possession, except that we may retain one archival copy for legal and compliance purposes. We will also cooperate with you in an orderly transition of services, subject to agreement on the scope and cost of such transition assistance.
Governing Law
These terms and any dispute or claim arising out of or in connection with them or their subject matter, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms.
Subject to the Dispute Resolution section below, any legal suit, action or proceeding arising out of or related to these terms or our services shall be instituted exclusively in the federal or state courts located in Salt Lake County, Utah. You and IndiaCode irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or forum non conveniens.
If any provision of these terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect. The failure of IndiaCode to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision.
Dispute Resolution
Before initiating any formal legal proceedings, you and IndiaCode agree to attempt to resolve any dispute informally. You agree to first contact us at order@indiacode.lat with a written description of the dispute and your desired resolution. We will similarly contact you at the email address associated with your account. Both parties agree to engage in good faith negotiations for a period of at least 30 days before either party may pursue formal dispute resolution.
If the dispute cannot be resolved through informal negotiation, both parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Salt Lake City, Utah, before a single arbitrator mutually agreed upon by the parties. The arbitration shall be conducted in the English language and the arbitrators award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial. This dispute resolution section does not preclude either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.
Modifications to Terms
We reserve the right to modify or replace these terms at any time at our sole discretion. When we make material changes, we will update the Last Updated date at the top of this page and may, at our discretion, provide additional notice through our website or via email to users with registered accounts. The most current version of these terms will always be available on this page.
Your continued use of our services after any modification to these terms constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you must discontinue your use of our services. It is your responsibility to review these terms periodically for changes. We recommend that you check this page at least once every 30 days to ensure you remain informed of your obligations.
For clients with active service agreements, material changes to these terms will not apply retroactively to services already delivered. The terms in effect at the time a service agreement is executed shall govern the delivery of services under that agreement, unless the parties mutually agree in writing to adopt updated terms for the remainder of the engagement.
Contact Information
If you have any questions, concerns or feedback regarding these Terms of Service, or if you need to contact us for any reason related to your use of our services, please reach out using the contact details provided below. We value open communication with our users and clients and will make every effort to respond promptly and helpfully.
INDIACODE, LLC
3350 S 2940 E Unit 9261
Salt Lake City - 84109-7012
United States (US)
Email: order@indiacode.lat
Phone: +15717160082
Website: https://www.indiacode.lat
Please include your full name and a detailed description of your inquiry to help us route your message to the appropriate team member. For service-related matters, referencing your project or account identifier will help us serve you more efficiently. We typically respond to all inquiries within two business days.