Terms of Service

Acceptance of Terms

By accessing or using the website located at opsynextechnology.in, by submitting any inquiry through our contact forms, or by entering into a written or verbal project agreement with Opsynex Technology, you confirm that you have read, understood, and unconditionally agree to be bound by these Terms of Service along with our Privacy Policy. These terms constitute a legally binding agreement between you ("Client", "you", or "your") and Opsynex Technology ("Opsynex", "we", "us", or "our").

If you are entering into this agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms. In such cases, "you" and "your" shall refer to that entity.

Intellectual Property Rights

All content published on this website — including but not limited to text, graphics, logos, icons, imagery, UI designs, source code, and the underlying software architecture — is the exclusive intellectual property of Opsynex Technology or is used under valid licence from its rightful owners. This material is protected under applicable copyright, trademark, and intellectual property laws of India and international jurisdictions.

Client Responsibilities and Project Collaboration

Successful software delivery is a collaborative endeavour. When you engage Opsynex for any project — whether web development, application design, AI integration, or digital marketing — you agree to fulfil certain responsibilities that are critical to timely and accurate delivery.

You agree to provide complete and accurate project requirements at the outset, respond to review requests and feedback rounds within mutually agreed timelines, and grant necessary access to third-party platforms, hosting environments, domain registrars, APIs, or datasets required for the project. Delays caused by the client's failure to provide required materials, approvals, or access credentials may result in revised timelines and additional charges.

Usage Restrictions

You agree to use this website and any software, code, or digital asset produced by Opsynex Technology exclusively for lawful purposes and in compliance with all applicable local, state, national, and international laws. The following activities are expressly prohibited:

Disclaimer of Warranties

Opsynex Technology follows rigorous development practices, including code reviews, quality assurance testing, and adherence to recognised coding standards. However, this website and all materials, information, and services available through it are provided on a strictly "as-is" and "as-available" basis, without warranties of any kind, whether express, implied, or statutory.

Limitation of Liability

To the maximum extent permitted under applicable Indian law, Opsynex Technology, its directors, employees, contractors, and affiliated partners shall not be held liable for any indirect, incidental, special, punitive, or consequential damages — including but not limited to loss of revenue, loss of data, business interruption, loss of goodwill, or anticipated savings — arising out of or in connection with the use of our website, software, or services, regardless of whether such damages were foreseeable or whether Opsynex was advised of the possibility of such damages.

In no event shall our total cumulative liability to you for all claims related to a project exceed the total fees actually paid by you to Opsynex for the specific deliverable giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Opsynex Technology, its founders, directors, employees, agents, and service partners from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, and expenses — including reasonable legal fees — arising out of or relating to your breach of these Terms of Service, your violation of any applicable law or regulation, your misuse of delivered software or services, or any claim by a third party resulting from content, materials, or instructions you provided to Opsynex during the course of a project.

Service Termination & Cancellation

Either party may terminate a project engagement in accordance with the cancellation terms specified in the executed statement of work, project proposal, or service agreement. Where no formal agreement exists, either party may terminate the engagement by providing written notice at least fifteen (15) business days in advance.

Upon termination, the client remains liable for all fees owed for work completed up to the date of termination, including any expenses already incurred by Opsynex on the client's behalf. Deliverables for which payment has been received in full shall be transferred to the client. Opsynex reserves the right to withhold incomplete deliverables, source code, and access credentials until all outstanding invoices are settled.

Governing Law and Jurisdiction

These Terms of Service, and any disputes, controversies, or claims arising out of or in connection with them — including their validity, interpretation, breach, or termination — shall be governed by and construed in accordance with the laws of India. The courts located in Kolkata, West Bengal, India shall have exclusive jurisdiction to adjudicate any matter arising under or related to these terms.

Modifications to Terms

Opsynex Technology reserves the right to amend, update, or replace any part of these Terms of Service at any time, at our sole discretion. When material changes are made, we will update the "Effective Date" at the top of this page. We encourage you to review this page periodically. Your continued use of our website or services after any such modifications have been posted constitutes your acknowledgment and acceptance of the revised terms.

Payment & Invoicing

All project fees, payment schedules, and milestones are outlined in the written proposal or statement of work agreed upon prior to commencement. Unless explicitly stated otherwise, the following payment terms apply to all engagements with Opsynex Technology:

Confidentiality

During the course of any engagement, both Opsynex Technology and the client may gain access to information that is proprietary, commercially sensitive, or otherwise confidential. Each party agrees to hold such information in strict confidence and not to disclose it to any third party without the prior written consent of the disclosing party.

Confidential information includes, but is not limited to, business strategies, financial data, customer lists, software source code, architectural designs, API keys, database schemas, trade secrets, and any documentation marked or reasonably understood to be confidential.

Force Majeure

Neither Opsynex Technology nor the client shall be liable for any failure or delay in performing obligations under these terms where such failure or delay results directly from circumstances beyond the reasonable control of the affected party. This includes, but is not limited to, natural disasters, pandemics, epidemics, acts of government or regulatory authorities, war, terrorism, civil unrest, widespread internet outages, cyberattacks, power failures, labour disputes, or disruption of critical third-party services upon which the project depends.

The affected party must notify the other party in writing within a reasonable period after becoming aware of the force majeure event. If the event persists for more than sixty (60) consecutive days, either party may terminate the engagement without penalty, subject to payment for work already completed.

Dispute Resolution

In the event of any dispute, disagreement, or claim arising out of or in connection with these Terms of Service or any project engagement, both parties agree to first attempt resolution through good-faith negotiation. If the matter cannot be resolved informally within thirty (30) days, the parties shall submit the dispute to mediation administered by a mutually agreed-upon mediator based in Kolkata, India.

Should mediation prove unsuccessful within a further thirty (30) day period, the dispute may be escalated to binding arbitration under the Arbitration and Conciliation Act, 1996, with proceedings conducted in English in Kolkata. The decision of the arbitrator shall be final and binding on both parties. Neither party shall initiate court proceedings until the above alternative dispute resolution mechanisms have been exhausted, except where urgent interim relief is necessary to prevent irreparable harm.