Terms of Service.

1. Acceptance of Terms.

Welcome to FoogleTech Software. By accessing our website at foogletechsoftware.com (the "Site"), or by engaging with any of our services — including software development, staff augmentation, dedicated teams, and technology consulting — you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms applicable to specific services.

These Terms constitute a legally binding agreement between you (or the company you represent, "Client," "you," or "your") and FoogleTech Software Pvt Ltd ("FoogleTech," "we," "us," or "our"), a company incorporated in Surat, Gujarat, India.

If you do not agree to these Terms in their entirety, you must not access or use our website or services. If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

Your continued use of our website or services following any changes to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services.

FoogleTech Software provides technology services to businesses globally, including but not limited to:

• Custom Software Development: Design, development, testing, and deployment of bespoke software applications tailored to client requirements.
• Staff Augmentation: Provision of pre-vetted software engineers, developers, and technology specialists to augment client teams on a time-and-materials or retainer basis.
• Dedicated Development Teams: Assembly and management of full dedicated engineering teams working exclusively on a client's project or product.
• Technology Consulting: Strategic advisory services on software architecture, technology selection, digital transformation, and engineering processes.
• Software Product Development: End-to-end product design and development for startups and enterprises building software products.
• Maintenance and Support: Ongoing maintenance, monitoring, bug fixing, and technical support for existing software systems.
• IoT and Embedded Development: Firmware, embedded systems, IoT platform integration, and connected device development.

The specific scope, deliverables, timelines, and commercial terms for each engagement are set out in a separate Statement of Work (SOW), Master Services Agreement (MSA), or other agreement executed between FoogleTech and the Client. In the event of any conflict between these Terms and a signed project agreement, the signed agreement shall prevail.

3. Eligibility.

Our services are intended for businesses and professionals. To use our services or enter into an agreement with FoogleTech Software, you must:

• Be at least 18 years of age.
• Have the legal capacity to enter into binding contracts in your jurisdiction.
• Not be prohibited from receiving our services under applicable laws, including sanctions regulations.
• If acting on behalf of a company, be duly authorised to represent and bind that company.

FoogleTech Software reserves the right to refuse service to any person or entity at our sole discretion, including where we reasonably believe the use of our services would violate applicable laws or these Terms.

4. Account Registration.

Certain areas of our website and client portal may require you to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security of your account credentials and not share your password with any third party.
• Notify us immediately at foogletech@gmail.com if you discover or suspect any unauthorised use of your account.
• Accept responsibility for all activity that occurs under your account, whether or not authorised by you.

FoogleTech Software reserves the right to suspend or terminate your account if any information provided is found to be inaccurate, false, or misleading, or if you are found to be in breach of these Terms.

5. Use of Services.

You agree to use our website and services only for lawful purposes and in a manner consistent with these Terms. You must not:

• Use our services to develop software or systems intended for illegal, harmful, or fraudulent purposes.
• Violate any applicable local, national, or international laws or regulations.
• Infringe the intellectual property rights of FoogleTech Software or any third party.
• Transmit any unsolicited or unauthorised advertising, spam, or promotional material.
• Attempt to gain unauthorised access to any part of our website, systems, or networks.
• Introduce viruses, malware, or any other malicious code into our systems.
• Use automated tools (bots, scrapers, crawlers) to access, extract, or interact with our website without our prior written consent.
• Engage in conduct that could damage, disable, or impair the functioning of our website or services.
• Reverse-engineer, decompile, or attempt to extract source code from any FoogleTech software, systems, or tools.
• Misrepresent your identity or affiliation with any organisation when interacting with FoogleTech.

FoogleTech Software reserves the right to investigate and take appropriate action against any violation of these Terms, including terminating your access to our services and referring matters to law enforcement authorities where appropriate.

6. Intellectual Property.

FoogleTech Software's Intellectual Property

All content on our website — including text, graphics, logos, icons, images, audio clips, digital downloads, and software — is the property of FoogleTech Software Pvt Ltd or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of this content without our prior written consent.

Client Project Deliverables

Unless expressly agreed otherwise in a signed project agreement or SOW, intellectual property rights to custom-developed deliverables that we create specifically for a client shall be governed by the terms of that agreement. Standard project agreements typically transfer ownership of bespoke code and deliverables to the client upon full payment, while FoogleTech retains ownership of its proprietary frameworks, libraries, tools, and pre-existing intellectual property.

FoogleTech's Pre-Existing IP

FoogleTech Software retains all rights to its internal tools, frameworks, libraries, methodologies, and other pre-existing intellectual property incorporated into client deliverables. We grant clients a non-exclusive, royalty-free licence to use such components as part of the delivered solution.

Feedback

If you provide feedback, suggestions, or ideas about our services, you grant FoogleTech a worldwide, royalty-free, perpetual licence to use that feedback without restriction and without any obligation to compensate you.

7. Confidentiality.

In the course of our engagement, each party may disclose to the other confidential or proprietary information ("Confidential Information"). Each party agrees to:

• Keep the other party's Confidential Information strictly confidential.
• Not disclose Confidential Information to any third party without the prior written consent of the disclosing party.
• Use Confidential Information solely for the purpose of performing obligations or exercising rights under the applicable services agreement.
• Apply no less than reasonable care to protect the other party's Confidential Information.

Confidential Information does not include information that: (a) is or becomes publicly known other than through a breach of this obligation; (b) was rightfully known to the receiving party prior to disclosure; (c) is received from a third party without restriction; or (d) was independently developed by the receiving party without use of the Confidential Information.

For engagements requiring enhanced confidentiality protections, a separate Non-Disclosure Agreement (NDA) may be executed. The terms of any signed NDA shall prevail over these Terms to the extent of any conflict.

8. Payment and Fees.

The fees, payment schedules, and billing terms for our services are set out in the applicable proposal, Statement of Work, or service agreement. The following general terms apply:

Invoicing: FoogleTech Software will issue invoices in accordance with the payment schedule agreed in your service agreement. Invoices are typically issued monthly in arrears for time-and-materials engagements, or at agreed project milestones for fixed-price projects.

Payment Terms: Unless otherwise agreed in writing, payment is due within 30 days of the invoice date.

Late Payments: If payment is not received by the due date, FoogleTech reserves the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. We also reserve the right to suspend services until overdue amounts are settled.

Currency: Unless otherwise agreed, invoices will be issued in Indian Rupees (INR) or US Dollars (USD) as specified in your agreement.

Taxes: All fees are exclusive of applicable taxes, including Goods and Services Tax (GST) in India. You are responsible for paying all applicable taxes in your jurisdiction arising from your use of our services.

Disputes: If you dispute any invoice, you must notify us in writing within 14 days of the invoice date, providing reasonable detail of the basis for the dispute. You remain liable for undisputed amounts.

9. Limitation of Liability.

To the maximum extent permitted by applicable law, FoogleTech Software Pvt Ltd, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, data, business opportunity, or goodwill — arising out of or in connection with your use of our website or services, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising under or in connection with these Terms or our services shall not exceed the amount paid by you to FoogleTech Software in the 12 months immediately preceding the event giving rise to the claim, or INR 50,000 (whichever is greater).

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

The limitations in this section reflect the allocation of risk between the parties and form an essential basis of the bargain between us. Without these limitations, we would not have been able to provide our services on the terms offered.

10. Indemnification.

You agree to defend, indemnify, and hold harmless FoogleTech Software Pvt Ltd and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or in any way connected with:

• Your access to or use of our website or services in breach of these Terms.
• Your violation of any applicable law or regulation.
• Your infringement of any intellectual property or other rights of any third party.
• Any content, materials, or information you provide to us in connection with our services.
• Any misrepresentation made by you in connection with your use of our services.

FoogleTech Software reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us. You agree to cooperate with our defence of such claims. You will not settle any matter without our prior written consent.

11. Third-Party Links and Services.

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

Links to third-party websites are provided for your convenience and do not constitute an endorsement by FoogleTech Software of the content, products, or services of those websites.

You access third-party websites at your own risk and subject to their respective terms of service and privacy policies. We encourage you to review the privacy policies of any third-party sites you visit.

FoogleTech Software will not be liable for any harm or damages related to your use of any third-party website, service, content, or other resource available through links on our website.

12. Disclaimers.

Our website is provided on an "as is" and "as available" basis without any representations or warranties of any kind, express or implied. FoogleTech Software disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

FoogleTech Software does not warrant that our website will be error-free, uninterrupted, secure, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any information on our website.

We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without notice. FoogleTech Software will not be liable to you or any third party for any modification, suspension, or discontinuation of our website or services.

Nothing on our website constitutes professional advice (legal, financial, tax, or otherwise). You should seek independent professional advice before making decisions based on any content on our website.

13. Dispute Resolution.

We encourage you to contact us first if you have any concerns or disputes. Most issues can be resolved quickly and amicably through direct communication.

Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact FoogleTech Software at foogletech@gmail.com and attempt in good faith to resolve the dispute informally. We will similarly attempt to resolve any disputes with you informally. This informal process shall last for a minimum of 30 days from the date of first written notice of the dispute.

Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or our services — including any question regarding their existence, validity, or termination — shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended. The place of arbitration shall be Surat, Gujarat, India. The arbitration shall be conducted in the English language by a single arbitrator mutually agreed upon by the parties.

Exceptions

Nothing in this section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

14. Governing Law.

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Subject to Section 13 (Dispute Resolution), you and FoogleTech Software irrevocably submit to the exclusive jurisdiction of the courts of Surat, Gujarat, India for the resolution of any disputes that are not subject to arbitration.

If you are accessing our services from outside India, you are responsible for compliance with any applicable local laws in your jurisdiction.

15. Termination.

FoogleTech Software may suspend or terminate your access to our website or services — with or without notice — for any of the following reasons:

• Breach of these Terms or any applicable law.
• Non-payment of fees due under a service agreement.
• Fraudulent, abusive, or disruptive conduct.
• Any other conduct that we determine, in our sole discretion, to be harmful to FoogleTech Software, our clients, or third parties.

You may terminate these Terms at any time by ceasing to use our website and services. For service engagements, termination is governed by the notice and termination provisions of the applicable service agreement or SOW.

Effect of Termination: Upon termination, your right to use our website and services ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive — including intellectual property rights, confidentiality obligations, disclaimer of warranties, limitation of liability, and governing law provisions.

16. Changes to Terms.

FoogleTech Software reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Where appropriate, notify you by email or by displaying a prominent notice on our website.

Changes will take effect immediately upon posting unless otherwise stated. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to any revised Terms, you should discontinue your use of our services.

17. Contact Information.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

Email: foogletech@gmail.com
Phone: +91 8320352507
Address: FoogleTech Software Pvt Ltd, Surat, Gujarat, India
Website: Contact Us Page

We aim to respond to all enquiries within 2 business days.