These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between AivantaLoop (“AivantaLoop”, “Company”, “we”, “us”, or “our”) and any individual, company, entity, or organization (“Client”, “you”, or “your”) who accesses our website, requests information, signs a proposal, approves a quotation, makes a payment, or uses any service provided by AivantaLoop.
By using our website or engaging our services, you expressly acknowledge, understand, and agree to be bound by these Terms in full.
1. DEFINITIONS
For clarity and legal certainty, the following definitions apply:
- “Services” means all software development, consulting, design, AI, SaaS, automation, hosting, support, and related services offered by AivantaLoop.
- “Deliverables” means all outputs, including source code, designs, documentation, databases, configurations, and digital assets.
- “Project” means the specific engagement defined in an approved proposal or agreement.
- “Third-Party Services” means platforms, APIs, tools, plugins, hosting providers, or services not owned or controlled by AivantaLoop.
- “Business Day” means any day excluding weekends and public holidays in Pakistan or the USA.
2. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with:
- The laws of Pakistan, and
- The laws of the United States of America, without regard to conflict-of-law principles.
Any dispute, claim, or legal proceeding shall fall under the exclusive jurisdiction of the competent courts in Pakistan and/or the United States, at AivantaLoop’s discretion depending on the engagement.
3. ELIGIBILITY & AUTHORITY
By engaging AivantaLoop, you confirm that:
- You are legally capable of entering into a binding contract.
- You have full authority to bind the company or entity you represent.
- All information provided by you is accurate, complete, and lawful.
4. SCOPE OF SERVICES
AivantaLoop provides professional technology services including, but not limited to:
- Website & Web Application Development
- Mobile Application Development (iOS / Android)
- SaaS & Cloud-Based Software Solutions
- UI/UX Design, Prototyping & Branding
- AI Automation, AI Agents & AI Chatbots
- API Development & Integrations
- DevOps, Hosting & Cloud Infrastructure
- Digital Marketing & Paid Advertising
- Maintenance, Support & Consultancy
Only services explicitly stated in a written proposal, quotation, or agreement are included. Any service not expressly mentioned is excluded by default.
5. PROJECT EXECUTION MODEL
Projects may be executed under:
- Agile methodology
- DevOps practices
- Fixed-scope or time-based models
The execution method does not alter payment obligations, intellectual property rules, or liability limitations.
6. PAYMENTS, FEES & BILLING
6.1 Advance Payment
- A 30%–40% advance payment is mandatory before project commencement.
- This payment is strictly non-refundable.
6.2 Ongoing Payments
- Remaining fees are billed monthly or as per agreed milestones.
- Failure to pay may result in immediate work suspension.
6.3 Non-Refundability All payments are final and non-refundable once work has started, regardless of:
- Project outcome
- Client dissatisfaction
- Change of business plans
- Delays caused by the client
6.4 Service Substitution Refunds are not provided. At our discretion, unused value may be converted into alternate services of equal value.
6.5 Taxes & Charges
- All prices exclude applicable taxes, duties, or bank charges.
- The client bears full responsibility for such charges.
7. REFUND POLICY
- No refunds after project initiation.
- No refunds upon termination by the client.
- Refunds are considered only if AivantaLoop fails to deliver the agreed scope, subject to:
- Written notice
- Internal review
- Management approval
All decisions are final and binding.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Ownership & Transfer All intellectual property remains with AivantaLoop until:
- Project completion, AND
- Full payment clearance.
Only after both conditions are met does ownership transfer to the client.
8.2 Client Ownership Upon transfer, the client owns:
- Source code
- UI/UX designs
- Custom deliverables
8.3 Restrictions
- No ownership transfers without full payment.
- No sublicensing, resale, or redistribution unless agreed in writing.
- AivantaLoop does not reuse client code.
9. CONFIDENTIALITY & NDA
- Mutual confidentiality applies automatically.
- NDA-level protection is included by default.
- AivantaLoop may only display the client logo in its portfolio.
- No disclosure of services, scope, or technical details is permitted.
10. THIRD-PARTY SERVICES & TOOLS
AivantaLoop may integrate third-party platforms including:
- Google, Meta, OpenAI, Stripe
- AWS, Azure, DigitalOcean
- Plugins, APIs, licenses
Important:
- Third-party costs are billed separately.
- AivantaLoop is not liable for:
- Downtime
- Data loss
- Policy changes
- Service discontinuation
We only guide; responsibility remains with the provider.
11. PROJECT TIMELINES & DELIVERY
Timelines are estimates only, not guarantees. Delays caused by:
- Client feedback delays
- Scope changes
- Third-party failures
- Force majeure are not our responsibility.
12. REVISIONS & SCOPE CONTROL
- 5–10 revisions per phase are included.
- Additional revisions are billed hourly.
- Post-approval changes affect pricing and timelines.
13. CLIENT RESPONSIBILITIES
The client is responsible for:
- Providing timely content and feedback
- Ensuring legal ownership of materials
- Compliance with applicable laws
- Appointing authorized decision-makers
14. TERMINATION
14.1 Standard Termination Either party may terminate with 30 days’ written notice.
14.2 Immediate Termination Immediate termination applies for:
- Non-payment
- Abuse
- Illegal activities
- Breach of confidentiality
14.3 Effects
- No refunds
- Outstanding dues payable
- Access may be revoked
15. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- Liability is capped at fees paid in the last 30–60 days.
- No liability for:
- Business loss
- Revenue loss
- Data loss
- Cyber incidents
- Indirect damages
16. INDEMNIFICATION
The client indemnifies AivantaLoop against:
- Illegal content
- IP violations
- Regulatory penalties
- Third-party claims
17. FORCE MAJEURE
We are not liable for delays caused by events beyond reasonable control, including natural disasters, cyberattacks, strikes, or governmental actions.
18. MODIFICATIONS
AivantaLoop may update these Terms at any time. Continued use constitutes acceptance.
19. SEVERABILITY
If any provision is held invalid, remaining provisions remain enforceable.
20. ENTIRE AGREEMENT
These Terms constitute the entire agreement and supersede all prior communications.
21. ACCEPTANCE
By using our website or services, you confirm full acceptance of these Terms.