Terms & Conditions

Last updated: 06 October 2025

1) Definitions

2) Acceptance of Terms

By using the website or placing an Order, you confirm you are legally capable of entering into a contract. If you use the Services on behalf of a company, you represent you have authority to bind that company.

3) Website use

• You may browse the site for information, contact us, and request proposals or demos.
• You must not misuse the site (e.g., security probing, scraping at scale, inserting malware, spamming forms).
• We may change or discontinue any part of the site at any time without notice.

4) Orders, quotes & payments

• Quotes are valid for the period indicated (typically 15–30 days). A project is confirmed when an Order/SOW is executed and any initial invoice is paid.
• Unless stated otherwise, fees exclude applicable taxes. Invoices are due within the stated terms. Late amounts may accrue interest at the lawful rate.
• Expenses (e.g., cloud, third-party licenses) are billed at cost unless included in the fee.

5) Subscriptions & trials

• Subscription Products renew per the Order unless either party gives non-renewal notice before the renewal date.
• Trials are provided “as-is” and may be limited or terminated at our discretion.

6) Cancellations & refunds

• Fixed-scope projects: cancellation before kickoff may incur prep fees; after kickoff, work completed to date is billable.
• Subscriptions: cancel future renewals any time; prepaid periods are non-refundable unless required by law or stated in the Order.

7) Your responsibilities

• Provide timely inputs, approvals, access, and a single point of contact.
• Use the Products/Services in compliance with applicable laws (including data protection and IP laws).
• Maintain the confidentiality of your accounts/credentials and notify us of suspected misuse.

8) Service delivery, availability & support

• We deliver work per the Order/SOW. Timelines may adjust if prerequisites or approvals are delayed.
• For Production support, availability targets and response/repair times apply only if an SLA is purchased or stated in the Order.
• Planned maintenance may occur with reasonable notice where feasible.

9) Intellectual property

• Pre-existing IP & tools: Frameworks, libraries, templates, and know-how owned by Mitti IT remain our property.
• Deliverables: Upon full payment, and unless the Order states otherwise, you receive a non-exclusive, non-transferable license to use the Deliverables for your internal business during the term of the Agreement.
• Open-source: Components are licensed under their respective licenses; we comply with attribution/notice requirements.
• You grant us a limited right to display your name/logo as a client (marketing) unless you opt out in writing.

10) Your content & data

• You retain ownership of your data and grant us the rights necessary to provide the Services.
• You must ensure your content does not infringe third-party rights or contain unlawful material.

11) Confidentiality

Each party must keep the other’s Confidential Information secret and use it only to perform the Agreement, except where disclosure is required by law. These obligations survive termination.

12) Privacy & data protection

Our Privacy Policy explains how we handle personal data. Where we act as a processor for your data, a separate data-processing addendum may apply.

13) Security

We use reasonable administrative, technical and physical safeguards appropriate to the risk (e.g., access controls, encryption in transit where applicable, backups, monitoring). You are responsible for security on your systems and for safeguarding credentials.

14) Acceptable use

• No illegal activities, spam, malware, or attempts to breach security.
• No reverse engineering, copying, or framing of the Services except as allowed by law or license.
• No use that violates third-party privacy or IP rights.

15) Third-party services

We may rely on or integrate third-party services (cloud, analytics, communications, payment gateways). Their terms and privacy policies govern their services; we are not responsible for their acts or omissions.

16) Warranties & disclaimers

• We warrant we will perform professional services with reasonable skill and care.
• EXCEPT AS EXPRESSLY PROVIDED, THE WEBSITE, PRODUCTS, TRIALS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT).

17) Limitation of liability

• To the maximum extent permitted by law, Mitti IT is not liable for indirect, incidental, special, consequential or punitive damages, lost profits, lost data, or business interruption.
• Our aggregate liability under the Agreement is limited to the fees you paid to us for the Service giving rise to the claim in the 3 months preceding the event (or INR 50,000, whichever is lower), unless prohibited by law.

18) Indemnity

You agree to indemnify and hold Mitti IT harmless from claims arising out of (a) your misuse of the Services, (b) your content/data, or (c) your violation of these Terms or applicable law.

19) Force majeure

Neither party is liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, war, labor disputes, internet/cloud outages, government actions). Obligations resume when the event ends.

20) Suspension & termination

• We may suspend or terminate access for material breach, security risk, non-payment, or unlawful use. You may terminate for our material breach not cured within a reasonable period.
• Upon termination, you must cease use of our Products/Services and pay amounts due. Certain sections survive (IP, confidentiality, payments, liability limits, etc.).

21) Changes to Terms

We may update these Terms from time to time. The “Last updated” date will change. Continued use after changes means you accept the updated Terms.

22) Governing law & disputes

These Terms are governed by the laws of India. Subject to the arbitration clause below, the courts at Bhubaneswar, Odisha shall have exclusive jurisdiction.

Arbitration (optional, if mutually agreed in an Order): Any dispute will be finally resolved by a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996. Venue: Bhubaneswar; language: English.

23) General

• These Terms (with any Order/SOW and policies referenced) constitute the entire agreement and supersede prior understandings.
• If any provision is held invalid, the remainder remains in effect.
• You may not assign the Agreement without our consent; we may assign in connection with a merger or corporate reorganization.
• No waiver is effective unless in writing.

24) Contact

For questions about these Terms, contact:
Mitti IT Solutions Pvt. Ltd.
Karanjamal, PS-Bansada, Dist. Bhadrak, 756164, Odisha, India
Email: contact@mittiit.in • Phone: +91 82494 96480

This page provides general information and does not constitute legal advice. Consider reviewing with counsel for your specific use case.