HYPERMONKEY
Policy
These Terms and Conditions constitute a binding legal agreement between you and Hypermonkey Solutions LLP (Registered Office: 503, C-Wing, Kailash Garden, Yogidhan, Gauripada, Kalyan, Thane, Maharashtra – 421301, India). By accessing our website or engaging our Services, you agree to be bound by the terms below.
01Definitions
"Agreement" refers to these Terms and Conditions alongside any mutually executed Statement of Work (SOW), quotation, or invoice. "Company," "we," "us," or "our" refers to Hypermonkey Solutions LLP. "Client," "User," "you," or "your" refers to the individual, corporation, partnership, or other legal entity accessing the Website or engaging the Company for Services. "Services" means the services provided by the Company, including but not limited to Custom Software Development, AI Development, Mobile App Development, Web Development, SaaS Development, Cloud & DevOps, UI/UX Design, Cybersecurity, and Blockchain/Web3 development. "Deliverables" means all final software, source code, designs, and materials designated for delivery to the Client upon project completion. "Intellectual Property Rights" refers to all patents, copyrights, trademarks, trade secrets, know-how, moral rights, and other proprietary rights recognized in any jurisdiction. "Confidential Information" refers to any non-public, proprietary information disclosed by one party to the other, explicitly marked as confidential or which reasonably ought to be treated as such.
02Acceptance of Terms and Eligibility
By accessing, browsing, or utilizing the Website or by executing a project with the Company, you agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Website and Services. The Website and Services are intended solely for users who are thirteen (13) years of age or older. Any access or use of the Website by anyone under 13 is expressly prohibited. By using the Website, you represent and warrant that you are at least 13 years old.
03Scope of Services
The Company provides technology and software development services as advertised on the Website or as detailed in a custom proposal. For custom projects, the specific scope, timeline, deliverables, and associated costs will be outlined in a separate Statement of Work (SOW) or formal proposal. Any features or services not explicitly listed in the SOW are considered out of scope and may require an additional agreement and fee.
04Payment Terms, Invoicing, and Taxes
The Company accepts payments via Razorpay, Bank Transfer, and United Payments Interface (UPI). For pre-packaged or standardized Services ordered directly through the Website, a one hundred percent (100%) upfront payment is required prior to the commencement of any work. For custom software and technology projects, an advance payment of twenty percent (20%) to fifty percent (50%) of the total project value is required before work begins, as determined by the specific requirements and outlined in the SOW, with the remaining balance paid based on predefined milestones. Failure to make payments on schedule will result in an immediate suspension of all ongoing development work and a withholding of Deliverables until the account is brought current. All fees are exclusive of any applicable taxes, including Goods and Services Tax (GST) in India. The Client is responsible for paying all applicable taxes.
05Cancellation and Refund Policy
Website Purchases: Refunds may be requested and issued only if the request is received before any work or provisioning has commenced. Once work has commenced, all payments are strictly non-refundable, except where explicitly mandated by applicable consumer protection laws. Custom Software Projects: Advance payments (20%–50%) remitted to initiate a custom project are strictly non-refundable to cover administrative, scheduling, and initial resource allocation costs. Subsequent payments correspond strictly to completed project milestones. In the event the Client cancels or terminates a project midway through development, the Client remains legally liable for all work completed, hours logged, and third-party costs incurred up to the exact date of written cancellation notice. The Company will invoice for this unbilled work, and such invoice is payable immediately upon receipt.
06Client Obligations
The Client must provide all necessary materials, access credentials, API keys, content, and approvals required for the Company to perform the Services in a timely manner. The Client warrants that they possess all necessary licenses, copyrights, and permissions for any materials (text, images, proprietary software) provided to the Company for inclusion in the Deliverables. Any delays caused by the Client's failure to provide required assets, feedback, or milestone approvals will correspondingly extend project deadlines. The Company shall not be held liable for project delays stemming from Client inaction.
07Intellectual Property Rights
Source Code Ownership: Subject to full and final payment of all outstanding invoices, fees, and charges, the Company transfers and assigns to the Client all exclusive rights, title, and interest in the custom source code and Deliverables specifically created for the Client under the applicable SOW. Company's Reusable Components: The Company may reuse its own internal know-how, engineering methodologies, utilities, development tools, frameworks, templates, and libraries, provided no Confidential Information or proprietary Client code is disclosed. The Client is granted a perpetual, non-exclusive, royalty-free, worldwide license to use these embedded components solely as integrated into the final Deliverables. Open-Source Software: If the Deliverables incorporate open-source software (OSS), the relevant open-source licenses (e.g., MIT, GPL, Apache) will continue to apply to those specific components, and the Client agrees to comply with the terms of such licenses.
08Portfolio and Marketing Rights
Unless expressly prohibited by a written and mutually executed Non-Disclosure Agreement (NDA), Hypermonkey Solutions LLP retains the perpetual right to identify the Client by name and display non-confidential screenshots, system architectures, logos, or descriptions of the completed work in its portfolio, on the Website, across social media platforms, and in other promotional and marketing materials.
09Artificial Intelligence (AI) Disclaimers
AI-generated outputs, text, data, and logic may contain inaccuracies, inconsistencies, or "hallucinations." All AI-generated outputs require mandatory, independent human review, validation, and verification before being deployed in a production environment or relied upon for operational purposes. Hypermonkey Solutions LLP makes no warranties, express or implied, regarding the factual correctness, reliability, or absolute safety of AI-generated responses or automated actions. The Client remains solely and exclusively responsible for any business decisions, financial losses, regulatory actions, or legal liabilities resulting from the use or deployment of AI outputs delivered by the Company. The Company reserves the right to utilize third-party AI models and infrastructure (e.g., OpenAI, Anthropic, Google Cloud AI) to deliver Services unless expressly prohibited in writing. The Company is not responsible for upstream provider outages, deprecations, or shifts in model behavior over time.
10Warranties and Disclaimers
The Website and Services are provided on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, or materials included therein. The Company does not guarantee that the Website, software Deliverables, or cloud infrastructure will be secure, uninterrupted, error-free, or entirely free of viruses or other harmful components. We disclaim all liability for any outages, data breaches, or failures occurring on third-party platforms, APIs, hosting providers, or payment gateways used in conjunction with our Services.
11Limitation of Liability
To the maximum extent permitted by applicable law, Hypermonkey Solutions LLP, its partners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; or (iii) unauthorized access, use, or alteration of your transmissions or content. In no event shall the total liability of the Company to the Client for all damages, losses, and causes of action exceed the total amount paid by the Client to the Company for the specific Service giving rise to the claim during the six (6) months immediately preceding the claim.
12Indemnification
The Client agrees to defend, indemnify, and hold harmless Hypermonkey Solutions LLP from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney's fees) arising from: (a) the Client's use of and access to the Services; (b) the Client's violation of any term of this Agreement; (c) the Client's violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that the Client's provided materials caused damage to a third party.
13Force Majeure
Neither party shall be held liable for any failure or delay in the performance of its obligations under this Agreement (except for payment obligations) if such failure or delay is caused by circumstances beyond its reasonable control. Such events include, but are not limited to, acts of God, natural disasters, war, terrorism, civil unrest, pandemics, government actions, strikes, widespread internet outages, or failures of critical third-party infrastructure.
14Governing Law and Jurisdiction
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any legal action, dispute, or proceeding arising out of or in connection with these Terms or the Services shall be brought exclusively in the competent courts located in Thane, Maharashtra, India. Both parties irrevocably consent to the exclusive jurisdiction and venue of such courts.
15Severability and Waiver
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed from the remainder of the Terms, which will otherwise remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16Modifications to Terms
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. The most current version will be posted on the Website. It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or engagement of Services following the posting of any changes constitutes acceptance of those modifications.