Terms & Conditions

These Terms & Conditions (“Terms”) form a binding agreement between you (“you,” the “Client,” or “user”) and Imalpha.inc (“Imalpha.inc,” “we,” “us,” or “our”). By accessing our website or engaging our services (together, the “Services”), you agree to be bound by these Terms. If you do not agree, you must not use the Services.

Imalpha.inc provides web development, mobile application development, design, and related digital services. Any specific engagement may also be governed by a separate written proposal, quotation, or statement of work. Where those documents conflict with these Terms, the signed engagement document controls for that engagement, and these Terms apply to everything else.

You agree to:

• Provide accurate, complete, and timely information, content, and materials required for us to perform the Services;
• Ensure that any content or materials you supply do not infringe the rights of any third party and comply with applicable law;
• Review deliverables and provide feedback within agreed timeframes;
• Make payments in accordance with the agreed schedule.

Delays or inaccuracies in materials you provide may affect delivery timelines, for which we are not responsible.

Fees, payment schedules, and milestones are set out in the applicable proposal or invoice. Unless otherwise agreed in writing, invoices are payable within the period stated on the invoice. Late payments may result in suspension of Services and may accrue interest as permitted by law. All fees are non-refundable except as expressly stated in a written agreement.

Unless otherwise agreed in writing, ownership of custom deliverables transfers to the Client only upon full payment of all amounts due. We retain ownership of our pre-existing tools, frameworks, code libraries, and know-how, and we grant you a license to use them only as embedded in the deliverables. You retain ownership of the content and materials you provide to us. All content on our website is owned by Imalpha.inc or its licensors and may not be reproduced without permission.

The Services may rely on or integrate third-party platforms, software, hosting, APIs, and other services. We are not responsible for the availability, performance, security, or acts and omissions of any third party, and your use of those services may be subject to their own terms.

To the fullest extent permitted by law, the Services and all deliverables are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any particular result or outcome will be achieved.

To the fullest extent permitted by law, Imalpha.inc, together with its owners, founders, directors, partners, members, officers, employees, contractors, and agents, shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or in connection with the Services, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

In all cases, our total aggregate liability arising out of or relating to the Services shall not exceed the total amount actually paid by you to Imalpha.inc for the specific Services giving rise to the claim during the three (3) months immediately preceding the event that gave rise to the liability.

Any agreement, obligation, or liability arising in connection with the Services is solely that of the Imalpha.inc business entity. To the fullest extent permitted by law, you agree that no owner, founder, director, partner, member, officer, employee, contractor, or agent of Imalpha.inc shall bear any personal liability, and that you will look solely to the assets of the business entity — and not to the personal or private assets of any such individual — for the satisfaction of any claim, judgment, or remedy of any kind.

You agree to indemnify, defend, and hold harmless Imalpha.inc and its owners, founders, directors, partners, members, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) any content or materials you provide; (c) your breach of these Terms; or (d) your violation of any law or the rights of any third party.

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, war, civil unrest, government action, power or internet failures, or failures of third-party providers.

We may suspend or terminate your access to the Services, or a particular engagement, if you breach these Terms, fail to make payment, or misuse the Services. Upon termination, any amounts due for work performed up to the date of termination remain payable. Provisions that by their nature should survive termination — including sections on intellectual property, disclaimers, limitation of liability, no personal liability, and indemnification — will continue in effect.

These Terms are governed by and construed in accordance with the laws of India. Subject to the dispute resolution provision below, the courts located in Maharashtra, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

The parties will first attempt to resolve any dispute amicably through good-faith negotiation. If the dispute is not resolved within thirty (30) days, it shall be referred to and finally resolved by arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be in Maharashtra, India, and the proceedings shall be conducted in English.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the updated Terms on this page. Your continued use of the Services after any changes constitutes acceptance of the updated Terms.

If you have any questions about these Terms, please contact us at support@imalpha.in.

These Terms should be read together with our other policies:

• Refund & Cancellation Policy
• Cookie Policy
• Shipping & Delivery Policy
• Disclaimer