Terms of Service

1. Acceptance of Terms

By accessing and using the Emphorus website and services, you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

These terms constitute a legally binding agreement between you and Emphorus ("we," "our," or "us"). We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting.

2. Description of Services

Emphorus provides software development services, including but not limited to:

• Custom software development
• AI and machine learning solutions
• Cloud architecture and infrastructure
• Product engineering and development
• Data engineering and analytics
• Security and compliance services
• Consulting and advisory services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Use of Services

3.1 Permitted Use

You may use our services only for lawful purposes and in accordance with these Terms.

3.2 Prohibited Activities

You agree not to:

• Use our services in violation of any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Use automated systems to access our services without authorization
• Reverse engineer, decompile, or disassemble any software provided by us

4. Intellectual Property Rights

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, images, and software, are owned by Emphorus or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

5. Client Projects and Deliverables

For custom software development projects, the following terms apply:

• Project Scope: The scope of work will be defined in a separate project agreement or statement of work
• Deliverables: Ownership of custom deliverables will be outlined in the project agreement
• Payment Terms: Payment terms will be specified in the project agreement
• Change Requests: Changes to project scope may result in additional time and costs
• Acceptance: Client acceptance criteria will be defined in the project agreement

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our engagement. This obligation will survive termination of the relationship and will be detailed in a separate Non-Disclosure Agreement (NDA) where applicable.

7. Warranties and Disclaimers

Service Warranties: We warrant that our services will be performed in a professional and workmanlike manner. However, we make no warranties regarding:

• Uninterrupted or error-free operation of our services
• Results that may be obtained from the use of our services
• Accuracy or reliability of any information obtained through our services
• Compatibility with all software, hardware, or systems

Disclaimer: Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Limitation of Liability

To the maximum extent permitted by law, Emphorus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use our services.

Our total liability for any claims arising from or related to our services shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the liability, or one hundred dollars ($100), whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Emphorus and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or information you submit or transmit through our services

10. Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

11. Third-Party Services and Links

Our services may contain links to third-party websites or services that are not owned or controlled by Emphorus. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that Emphorus shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the Indian Arbitration and Conciliation Act, or through courts of competent jurisdiction in Bangalore, India.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with any project agreements or statements of work, constitute the entire agreement between you and Emphorus regarding the use of our services and supersede all prior agreements and understandings.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

16. Contact Information

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