Last updated: 1 January 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Client", or "you") and Trivarga ("Trivarga", "we", "our", "us"), a company incorporated under the laws of India with its principal place of business in Indore, Madhya Pradesh.
By accessing or using the website at trivarga.in (the "Site"), requesting a quotation, or engaging Trivarga's services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of a company or organisation, you represent that you have authority to bind that entity.
If you do not agree to these Terms, please do not use the Site or engage our services.
Trivarga provides software product development services including, but not limited to: mobile application development, web application development, artificial intelligence integration, cloud infrastructure management, ERP/CRM implementation, digital marketing, and SEO services (collectively, "Services").
The specific scope, deliverables, timelines, and pricing for any engagement are governed by a separately executed Statement of Work (SOW) or Project Agreement, which shall take precedence over these general Terms in the event of any conflict.
We reserve the right to decline any project engagement at our discretion. Information provided on the Site regarding Services is for general informational purposes only and does not constitute an offer or guarantee of specific outcomes.
You may use this Site for lawful purposes only. Specifically, you may not: (a) use the Site in any way that violates applicable Indian or international law; (b) transmit unsolicited commercial communications; (c) attempt to gain unauthorised access to any part of the Site, its servers, or systems connected to it; (d) introduce viruses, trojans, or other harmful code; (e) engage in scraping, data mining, or similar automated data collection without our written consent.
While we take reasonable care to keep the Site's content accurate and up to date, we make no warranty about the completeness or accuracy of information on the Site. Pricing, timelines, and service descriptions on the Site are indicative only and subject to change.
All content on the Site — including text, graphics, logos, icons, images, and software — is the property of Trivarga or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works of Site content without our prior written permission.
Upon receipt of full payment for a project, Trivarga assigns to the Client all intellectual property rights in the custom deliverables created specifically for that Client under the relevant SOW, including source code, designs, and documentation. Trivarga retains ownership of all pre-existing intellectual property, generic tools, libraries, frameworks, and methodologies used in delivering services ("Background IP"). Client receives a perpetual, royalty-free licence to use Background IP solely as incorporated in the deliverables.
Unless the Client specifically requests otherwise in writing, Trivarga reserves the right to display completed work in its portfolio and marketing materials in a general, non-confidential manner (e.g., project category, technology used, outcomes achieved without disclosing client identity unless permitted).
Clients engaging Trivarga's services agree to:
Delays or deficiencies caused by a Client's failure to meet these obligations may result in revised project timelines and additional costs, which will be communicated in advance.
Payment terms for specific projects are set out in the applicable SOW. General terms apply as follows:
Each party agrees to hold in confidence any non-public information received from the other party that is designated as confidential or would reasonably be understood to be confidential ("Confidential Information"). This obligation survives termination of the engagement for a period of three (3) years.
Confidential Information does not include information that: (a) is or becomes publicly known through no breach by the receiving party; (b) was lawfully in the receiving party's possession prior to disclosure; (c) is rightfully received from a third party without restriction; or (d) is independently developed without use of the Confidential Information.
Where required by law or regulation, a party may disclose Confidential Information provided it gives prompt written notice to the other party (to the extent legally permitted) and cooperates with the other party's reasonable efforts to limit the scope of disclosure.
Trivarga warrants that: (a) Services will be performed with reasonable skill and care; (b) it has the right to provide the Services and grant the licences contemplated in these Terms; and (c) custom deliverables will substantially conform to the specifications agreed in the applicable SOW for a period of 30 days following final delivery (the "Warranty Period").
Except as expressly stated, the Site and Services are provided "as is" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Trivarga does not warrant that the Site will be uninterrupted, error-free, or free of viruses. Trivarga does not guarantee specific business outcomes (such as revenue growth, user acquisition, or search ranking improvements) from its services.
To the maximum extent permitted by applicable law:
These limitations do not apply to: (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded by law.
You agree to indemnify, defend, and hold harmless Trivarga and its officers, employees, and contractors from any claims, losses, damages, and expenses (including reasonable legal fees) arising from: (a) your use of the Site in violation of these Terms; (b) your breach of any representation or warranty; (c) any third-party claim that content or materials you provided infringe a third party's intellectual property rights or violate applicable law.
Either party may terminate a project engagement by providing written notice as specified in the applicable SOW. In the absence of a specific notice period, 30 days' written notice is required.
Upon termination: (a) the Client will pay for all work completed and expenses incurred up to the termination date; (b) each party will return or destroy the other's Confidential Information on request; (c) Trivarga will deliver any completed or in-progress deliverables for which the Client has paid.
Trivarga may immediately terminate or suspend access to the Site and any project engagement for cause if: the Client materially breaches these Terms and fails to remedy the breach within 14 days of written notice; the Client becomes insolvent or enters administration; or the Client's conduct poses a legal, regulatory, or reputational risk to Trivarga.
The parties will attempt to resolve any dispute arising from these Terms or any project engagement through good-faith negotiation between senior representatives within 30 days of written notice of the dispute.
If the dispute is not resolved through negotiation, the parties agree to submit to mediation administered by a mutually agreed mediator in Indore, Madhya Pradesh, before initiating any formal legal proceedings. Mediation costs will be shared equally.
If mediation fails, disputes will be resolved through arbitration under the Arbitration and Conciliation Act, 1996 (India), conducted in Indore in the English language before a sole arbitrator agreed by the parties (or appointed by the competent court if no agreement is reached within 30 days).
These Terms and any dispute or claim arising out of or in connection with them will be governed by and construed in accordance with the laws of India. Subject to the dispute resolution clause above, the courts of Indore, Madhya Pradesh, India, will have exclusive jurisdiction to settle any matters not submitted to arbitration.
For legal queries regarding these Terms:
Legal Department
Trivarga
Indore, Madhya Pradesh, India
Email: legal@trivarga.in
Phone: +91 9111 111 111