Terms of Use

TERMS OF USE

NESTIFYTECH SOLUTIONS PRIVATE LIMITED & NESTIFYTECH SOLUTIONS LLC

1. INTRODUCTION AND ACCEPTANCE

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NESTIFYTECH SOLUTIONS PRIVATE LIMITED ("Nestifytech Solutions India"), a company incorporated under the laws of India, and NESTIFYTECH SOLUTIONS LLC ("Nestifytech Solutions US"), a limited liability company registered in Chicago, Illinois (collectively referred to as "Nestifytech Solutions," "we," "us," or "our").

By accessing, browsing, or using our website at https://nestifytech.com (the "Website") or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of our Website and Platfomr immediately.

2. ABOUT NESTIFYTECH SOLUTIONS

Nestifytech Solutions is a technology company specializing in digital transformation and innovative software solutions. We operate through two entities:

NESTIFYTECH SOLUTIONS PRIVATE LIMITED: Headquartered in India, providing comprehensive technology services across various industries
NESTIFYTECH SOLUTIONS LLC: Registered in Chicago, Illinois, extending our reach to serve clients in the United States and beyond

Our mission is to empower businesses through cutting-edge technology solutions, fostering growth and efficiency in the digital age.

3. Platform OFFERED

Nestifytech Solutions provides a comprehensive range of technology services, including but not limited to:

3.1 AI Powered Software Development

Software development
Web application development
Mobile application development (iOS and Android)
Enterprise software solutions
API development and integration

3.2 Gen AI Business Suite

Business process digitization
Legacy system modernization
Cloud migration
Digital strategy
Technology roadmap development

3.3 Data Analytics and AI Solutions

Data analytics and visualization
Machine learning implementations
Artificial intelligence solutions
Business intelligence systems
Predictive analytics

3.4 Cloud Infrastructure

Cloud infrastructure setup and management
DevOps and CI/CD implementation
Cloud security solutions
Hybrid cloud architectures

4. USER ELIGIBILITY AND REGISTRATION

4.1 Eligibility

You must be at least 18 years of age or the legal age of majority in your jurisdiction to use our services. By using our Website or services, you represent that you meet these age requirements.

4.2 Business Users

If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

4.3 Account Registration

Certain services may require account registration. You agree to:

Provide accurate, current, and complete information
Maintain and update your information as necessary
Keep your login credentials secure and confidential
Notify us immediately of any unauthorized use of your account

5. ACCEPTABLE USE POLICY

5.1 Permitted Use

You may use our Website and services for lawful business purposes only, in accordance with these Terms and applicable laws.

5.2 Prohibited Activities

You agree not to:

Use our services for any unlawful purpose or in violation of any applicable laws
Attempt to gain unauthorized access to our systems or networks
Interfere with or disrupt our services or servers
Upload or transmit viruses, malware, or other harmful code
Engage in any activity that could damage our reputation or business
Violate any intellectual property rights
Harass, abuse, or harm other users
Use our services to compete directly with our business offerings

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

All content, features, and functionality on our Website and in our services, including but not limited to text, graphics, logos, images, software, and designs, are owned by Nestifytech Solutions or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and services for their intended purposes, subject to these Terms.

6.3 Client Intellectual Property

We respect our clients' intellectual property rights. Any intellectual property developed specifically for a client under a separate service agreement shall be governed by the terms of that specific agreement.

6.4 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to us may be used by us without any obligation to compensate you.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Security

We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure.

7.3 Cross-Border Data Transfers

Given our international operations, your data may be transferred to and processed in countries other than your own, including India and the United States.

8. Platform AVAILABILITY AND MODIFICATIONS

8.1 Platform Availability

We strive to maintain continuous platform availability but do not guarantee uninterrupted access to our Website or platform access. We may experience downtime for maintenance, updates, or unforeseen circumstances.

8.2 Access Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our access at any time, with or without notice, though we will make reasonable efforts to provide advance notice for significant changes.

8.3 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our Website with a new effective date. Your continued use constitutes acceptance of the updated Terms.

9. PAYMENT TERMS AND BILLING

9.1 Subscription Fees

Fees for our platform are as agreed upon in separate sunscription agreements or as posted on our Website. All fees are exclusive of applicable taxes unless otherwise stated.

9.2 Payment Terms

Payment terms will be specified in individual service agreements. Generally, payment is due within 30 days of invoice date unless otherwise agreed.

9.3 Late Payments

Late payments may be subject to interest charges and may result in suspension of services.

9.4 Disputes

Any billing disputes must be raised within 30 days of the invoice date.

10. WARRANTIES AND DISCLAIMERS

10.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner in accordance with industry standards.

10.2 Website Disclaimer

OUR WEBSITE AND GENERAL INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.3 Third-Party Services

We may integrate or recommend third-party services. We are not responsible for the availability, functionality, or security of third-party services.

11. LIMITATION OF LIABILITY

11.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NESTIFYTECH SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES.

11.2 Cap on Liability

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Essential Terms

The limitations and exclusions in this section are essential elements of the agreement between us and will apply even if any limited remedy fails of its essential purpose.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nestifytech Solutions, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, and 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 third-party rights
Your negligent or wrongful conduct

13. CONFIDENTIALITY

13.1 Mutual Confidentiality

Both parties acknowledge that they may have access to confidential information. We agree to maintain the confidentiality of your business information, and you agree to maintain the confidentiality of our proprietary methods and processes.

13.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available through no breach of these Terms
Was rightfully known prior to disclosure
Is required to be disclosed by law or court order

14. TERMINATION

14.1 Termination by Either Party

Either party may terminate ongoing services with reasonable notice as specified in individual service agreements.

14.2 Immediate Termination

We may immediately terminate or suspend your access to our services if you breach these Terms or engage in prohibited activities.

14.3 Effect of Termination

Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination will remain in effect.

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with:

For Nestifytech Solutions India: The laws of India
For Nestifytech Solutions US: The laws of the State of Illinois, United States

15.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of:

For matters involving Nestifytech Solutions India: The courts of India
For matters involving Nestifytech Solutions US: The courts of Chicago, Illinois

15.3 Alternative Dispute Resolution

We encourage resolution of disputes through negotiation and mediation before resorting to litigation.

16. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, or other force majeure events.

17. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Nestifytech Solutions regarding the subject matter herein and supersede all prior communications and proposals.

19. ASSIGNMENT

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

20. WAIVER

No waiver of any term or condition of these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition.

21. CONTACT INFORMATION

For questions about these Terms or our services, please contact us:

NESTIFYTECH SOLUTIONS PRIVATE LIMITED