Terms & Conditions

1. Agreement to these terms

These Terms and Conditions ("Terms") govern your access to and use of buildstack.in and any related websites, content and services (collectively, the "Website"). By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.

If you use the Website on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Definitions

In these Terms:

• "BuildStack", "we", "us" or "our" means BuildStack, a technology and automation services provider.
• "Website" means buildstack.in and related pages, content and functionality.
• "Services" means AI automation, industrial automation and related consulting, development, integration and support services.
• "Client" means a person or organisation that engages us for Services.
• "SOW" means a statement of work, proposal, order form or other written agreement for Services.
• "Content" means text, graphics, images, designs, software, documents, data and other materials.

3. About us and scope of the website

BuildStack provides technology and automation services. Information on the Website is provided for general informational purposes only and does not constitute professional, legal, financial, safety or engineering advice.

Descriptions of services, capabilities and examples on the Website are indicative and do not create a binding offer. Services are provided only under an agreed SOW. We may update, suspend or discontinue any part of the Website without notice.

4. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use the Website. If you use the Website on behalf of an organisation, you confirm that you have authority to do so.

5. Acceptable use

You agree not to use the Website:

• In violation of any applicable law or regulation.
• To infringe intellectual property, privacy or other rights.
• To transmit malware, harmful code or disruptive technology.
• To attempt unauthorised access to the Website, servers or systems.
• To scrape, crawl or data-mine the Website without permission, except as permitted by law.
• To interfere with the availability, integrity or performance of the Website.
• To send spam, unsolicited communications or misleading messages.
• To misrepresent your identity, affiliation or the origin of information.
• To copy or use Website content to build a competing service without permission.
• To submit false, unlawful or misleading information.

6. Services, proposals and statements of work

Descriptions of Services on the Website are not offers. A binding engagement requires a written SOW signed or accepted by both parties.

Each SOW will describe, as applicable: scope, deliverables, timelines, assumptions, dependencies, acceptance criteria, fees, payment terms, client responsibilities and any special terms.

Changes to an SOW must be agreed in writing. Changes may affect fees, timelines and deliverables. Unless stated otherwise, we may use subcontractors and third-party services to deliver the Services.

7. Client responsibilities

Where you engage us for Services, you agree to:

• Provide accurate and complete information, materials and access required for the project.
• Respond to requests for decisions and approvals in a timely manner.
• Ensure you have the rights, consents and permissions needed for data, content and systems you provide.
• Comply with applicable laws and third-party terms.
• Maintain appropriate backups and security for your own systems and data.
• Provide qualified personnel for testing, acceptance and site access where needed.
• Ensure a safe working environment and suitable site conditions for any on-site work.

8. Fees, invoicing and payment

Fees are set out in the applicable SOW. Unless the SOW states otherwise, invoices are due within 15 days of the invoice date.

Fees may exclude applicable taxes, third-party licences, travel and expenses, which will be charged as agreed in the SOW or with your approval. Amounts paid are non-refundable except as expressly stated in the SOW or required by law.

We may suspend work or access for overdue amounts. Overdue amounts may accrue interest at the rate stated in the SOW or the maximum rate permitted by law.

9. Intellectual property

The Website, including its content, design, branding, text, graphics, software and underlying code, is owned by or licensed to BuildStack and is protected by intellectual property laws.

You may view, download and print pages from the Website for your internal business evaluation only. You may not reproduce, modify, distribute, publicly display, sell or create derivative works from the Website content without our written permission.

• Deliverables: ownership or licence rights in project deliverables are set out in the SOW.
• Client materials: you retain ownership of materials you provide. You grant us the rights needed to use them for the project.
• Third-party and open-source components: subject to their respective licences and terms.
• Pre-existing IP: BuildStack retains ownership of its pre-existing tools, know-how and generic components. We may grant a licence to use them as part of the deliverables.
• Feedback: you grant us a non-exclusive licence to use feedback to improve our services, provided no confidential information is disclosed.

10. Your submissions and feedback

If you submit enquiries, documents, content or feedback, you represent that you have the right to do so and that the submission is accurate and lawful. You grant us a limited licence to use, reproduce and process the submission to respond to you and provide the Services.

Feedback may be used to improve our services without obligation to you, provided we do not disclose confidential information.

11. Confidentiality

Each party may receive confidential information from the other. The receiving party will protect it with reasonable care, use it only for the purposes of the engagement, and disclose it only to personnel, subcontractors or advisers who need to know it and are bound by appropriate obligations.

Confidential information does not include information that is or becomes public without breach, was independently developed, was lawfully received from a third party without restriction, or is required to be disclosed by law.

Confidentiality obligations survive termination for a reasonable period and, for trade secrets, for as long as they remain trade secrets.

12. Data protection

Each party will comply with applicable data protection laws. Where we process personal information on behalf of a Client, the Client is generally responsible for the lawful basis, notices and permissions for that processing.

The parties may enter into a data processing agreement where required. Our Privacy Policy explains how we handle personal information collected through the Website and our business.

13. Third-party services and integrations

Services may rely on third-party platforms, APIs, cloud providers, AI models and software. Third-party services are subject to their own terms, availability and fees, which may change.

We are not responsible for the acts, omissions, availability or performance of third-party services. You are responsible for obtaining and maintaining any required third-party accounts, licences and consents.

14. AI-specific terms

Some Services involve artificial intelligence. AI outputs are probabilistic and may be inaccurate, incomplete, biased or unsuitable for a particular purpose. They are not a substitute for professional advice or human judgement.

Unless the SOW states otherwise, you are responsible for reviewing and validating AI outputs before relying on them, for ensuring you have the right to use the data you provide, and for providing any notices or consents required by law.

• We do not guarantee the accuracy, completeness or fitness for purpose of AI outputs.
• AI model providers may process data under their own terms.
• Unless we have written permission, we do not use Client project data to train public or shared AI models.
• You must not use our Services for unlawful, harmful, deceptive or infringing purposes.

15. Industrial automation, safety and site conditions

Industrial automation Services may involve physical equipment, electrical systems and safety risks. The Client is responsible for site safety, isolation, permits, qualified personnel, compliance with applicable standards and the maintenance of safety systems.

We are not responsible for the condition of existing equipment, electrical installations or third-party modifications. Commissioning and testing may require downtime, which the Client must plan for.

Safety-critical decisions require qualified engineers and appropriate human oversight. Nothing in these Terms transfers responsibility for workplace safety or regulatory compliance to BuildStack.

16. Website availability and changes

We aim to keep the Website available, but we do not guarantee uninterrupted or error-free access. We may modify, suspend or discontinue any part of the Website at any time.

Website content may be out of date or contain errors. We are not obligated to update it.

17. Warranties and disclaimers

The Website and its content are provided "as is" and "as available" without warranties of any kind, express or implied, to the maximum extent permitted by law.

We do not warrant that the Website will be uninterrupted, secure or error-free, that defects will be corrected, or that the Website is free of harmful components. Any warranties for Services are only those expressly stated in the applicable SOW.

Nothing in these Terms excludes or limits warranties or rights that cannot be excluded or limited under applicable law.

18. Limitation of liability

To the maximum extent permitted by law, BuildStack will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill, business interruption or anticipated savings, arising out of or relating to the Website or these Terms.

Subject to the paragraph below, our aggregate liability arising out of or relating to the Website or these Terms will not exceed the greater of (a) the total fees paid by you to BuildStack for the Services giving rise to the claim during the 12 months preceding the event giving rise to the claim, or (b) the minimum amount permitted by applicable law.

The limitations above do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be limited by law. This section allocates risk between the parties and is a fundamental basis of the agreement.

19. Indemnification

You agree to indemnify and hold harmless BuildStack and its personnel from claims, damages, liabilities, costs and expenses, including reasonable legal fees, arising from your breach of these Terms, your content or data, your misuse of the Website or Services, or your violation of law or third-party rights, except to the extent caused by our negligence or wilful misconduct.

20. Term, suspension and termination

These Terms apply for as long as you use the Website. We may suspend or terminate your access at any time if we reasonably believe you have breached these Terms or if required for operational, legal or security reasons.

Project engagements are governed by the applicable SOW. Termination of an SOW does not affect provisions that by their nature should survive, including intellectual property, confidentiality, disclaimers, liability, indemnity and governing law.

21. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, strikes, government action, network or power failures, epidemics or third-party service outages.

The affected party will provide prompt notice and use reasonable efforts to mitigate the impact. If the event continues for a prolonged period, either party may terminate the affected Services.

22. Governing law and dispute resolution

These Terms are governed by the laws of India, without regard to conflict-of-law principles.

The parties will first attempt to resolve any dispute in good faith through senior representatives within 30 days of written notice. If the dispute is not resolved, the courts of competent jurisdiction in India will have exclusive jurisdiction.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief.

23. General provisions

• Entire agreement: these Terms and any applicable SOW constitute the entire agreement and supersede prior discussions.
• Order of precedence: if there is a conflict, the SOW prevails over these Terms.
• Assignment: you may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Severability: if a provision is invalid, the remaining provisions remain in effect.
• Waiver: failure to enforce a provision is not a waiver of that provision.
• Notices: notices must be in writing and sent to the email address provided by each party.
• No agency: the parties are independent contractors. Nothing creates a partnership, joint venture or agency relationship.
• Third-party rights: no third party has rights under these Terms.
• Electronic communications: you consent to receive communications electronically.

24. Contact us

If you have questions about these Terms, contact us at sales@buildstack.in.