Terms of Service

By accessing or using the iMerge Business Solutions website, products, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. These Terms apply to all visitors, users, and clients of iMerge Business Solutions Pvt Ltd.

iMerge Business Solutions provides technology services including custom software development, mobile app development, cloud and DevOps solutions, data and analytics, cybersecurity consulting, and IT consulting. We also offer proprietary software products including iMerge CRM, iMerge Voicebridge, and iMerge Dialix. The specific features, functionalities, and service levels for each engagement are governed by separate written agreements or statements of work.

Permitted use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services in a manner that does not infringe the rights of others, violate any applicable laws or regulations, or interfere with the operation of our Services.

Prohibited activities

You must not: (a) use our Services to transmit any harmful, offensive, or illegal content; (b) attempt to gain unauthorised access to any part of our systems; (c) reverse engineer, decompile, or disassemble any part of our products; (d) use our Services to send unsolicited commercial communications; (e) misrepresent your identity or affiliation; or (f) use automated tools to scrape or extract data from our Services without prior written consent.

Account responsibility

If you create an account with us, you are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

Our intellectual property

All content, software, trademarks, logos, and materials made available through our Services are the property of iMerge Business Solutions Pvt Ltd or our licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our intellectual property without our express written permission.

Client deliverables

Intellectual property rights in custom deliverables created specifically for a client under a separate agreement are governed by the terms of that agreement. Unless otherwise agreed in writing, iMerge retains all rights to pre-existing intellectual property, tools, frameworks, and know-how used in delivering our services.

Feedback

If you provide us with suggestions, ideas, or feedback about our Services, you grant us a non-exclusive, royalty-free, perpetual licence to use that feedback without restriction or obligation to you.

Fees

Fees for our services are set out in separate proposals, invoices, or subscription agreements. All fees are exclusive of applicable taxes unless otherwise stated. We reserve the right to update our pricing with reasonable notice.

Payment terms

Unless otherwise agreed, invoices are payable within 30 days of the invoice date. Late payments may attract interest at the rate of 1.5% per month. We reserve the right to suspend or terminate services for non-payment.

Refunds

Refund eligibility is determined by the terms of your individual service agreement. For subscription products, refunds may be available within a defined period as specified at the time of purchase. Custom software development engagements are generally non-refundable for work already completed.

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of an engagement. This obligation survives the termination of any service agreement. Confidential information does not include information that is publicly available, independently developed, or lawfully received from a third party.

Our warranties

We warrant that we will provide our services with reasonable skill and care and in accordance with any agreed specifications. We do not warrant that our services will be uninterrupted or error-free.

Disclaimer

Except as expressly stated herein, our Services are provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our Services will meet your specific requirements.

To the maximum extent permitted by applicable law, iMerge Business Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with these Terms or our Services, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising under these Terms shall not exceed the amount paid by you to us in the three months preceding the claim.

You agree to indemnify, defend, and hold harmless iMerge Business Solutions, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of your use of our Services, your violation of these Terms, or your infringement of any third-party rights.

Either party may terminate a service engagement in accordance with the terms of the relevant agreement. We reserve the right to suspend or terminate your access to our Services immediately, without prior notice, if you breach these Terms or engage in conduct that we determine, in our sole discretion, to be harmful to us, other users, or third parties. Upon termination, all provisions of these Terms that by their nature should survive shall continue to apply.

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to binding arbitration in Chennai, Tamil Nadu, in accordance with the Arbitration and Conciliation Act, 1996. The courts of Chennai shall have exclusive jurisdiction for matters not subject to arbitration.

We may revise these Terms from time to time. We will provide reasonable notice of material changes by posting the updated Terms on our website. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, please discontinue your use of our Services.

If you have any questions about these Terms of Service, please contact us at support@imerge.in or write to us at: iMerge Business Solutions Pvt Ltd, M204, Cactus Building, Tecci Park, Block B, First Floor, OMR, Sholinganallur, Chennai 600119, India.