Terms and Conditions

Effective Date: January 6th, 2025 · Last Updated: January 6th, 2025

Welcome to DataCortex ("we," "us," "our"). By accessing and using our website https://www.datacortex.in/ (the "Site") and engaging our AI consulting and data engineering services, you agree to comply with and be bound by the following terms and conditions ("Terms"). If you do not agree to these Terms, you should not use the Site or our services.

1. Company Information

• Legal Name: DATACORTEX IQ (OPC) PVT LTD
• Business Registration: Registered under the Companies Act, 2013, India

2. Services Description

DataCortex provides professional AI consulting, data engineering, and decision intelligence services, including but not limited to:

• AI automation and GenAI systems development
• Data engineering and AI-ready pipeline architecture
• AI training data collection and data acquisition services
• Data enrichment platforms with multi-source API integration
• Decision intelligence dashboards and analytics
• AI/ML solutions (recommendation engines, predictive analytics, NLP)
• LLM-based data processing and categorization
• Strategic AI consulting and fractional Chief Data Scientist services
• Cloud ML infrastructure design and implementation
• Custom machine learning model development

3. Professional Services Agreement

3.1 Service Delivery

• All services are provided on a professional consulting basis
• Specific project scope, deliverables, and timelines are defined in individual service agreements
• We reserve the right to subcontract portions of work to qualified partners under confidentiality agreements
• Service delivery may involve access to client systems, data, and proprietary information

3.2 Client Responsibilities

• Provide accurate and complete information necessary for service delivery
• Ensure proper access permissions and authorizations for data and systems
• Comply with all applicable laws and regulations regarding data handling
• Maintain confidentiality of any proprietary methodologies or tools shared
• Provide timely feedback and approvals as required for project progression

4. Intellectual Property Rights

4.1 Our Intellectual Property

• All proprietary methodologies, frameworks, tools, and pre-existing intellectual property remain our exclusive property
• Generic knowledge, skills, and experience gained during service delivery remain our property
• We retain rights to use anonymized insights and learnings for improving our services

4.2 Client Intellectual Property

• Clients retain ownership of their pre-existing data, systems, and intellectual property
• Custom solutions developed specifically for clients become client property upon full payment
• We may retain rights to underlying technologies and methodologies used in custom solutions

4.3 Joint Intellectual Property

• Any jointly developed intellectual property will be addressed in individual service agreements
• Rights and usage permissions will be clearly defined in project contracts

5. Confidentiality and Data Protection

5.1 Confidentiality Obligations

• We maintain strict confidentiality regarding all client information, data, and business operations
• All team members and subcontractors are bound by comprehensive confidentiality agreements
• Client data is processed only as necessary for service delivery and in accordance with applicable laws

5.2 Data Security

• We implement industry-standard security measures to protect client data
• Data processing occurs on secure, enterprise-grade cloud infrastructure
• Regular security audits and compliance assessments are conducted
• Incident response procedures are in place for any security events

6. Limitation of Liability and Disclaimers

6.1 Service Disclaimers

• Professional Services: Our services are provided on a "best efforts" basis using industry-standard practices
• No Warranties: We make no warranties regarding specific outcomes, performance metrics, or business results
• Technology Limitations: AI and machine learning technologies have inherent limitations and uncertainties
• Third-Party Dependencies: Some services rely on third-party platforms and technologies beyond our control

6.2 Limitation of Liability

• To the maximum extent permitted by law, our total liability for any claims arising from or related to these Terms or our services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise)

6.3 Client Indemnification

You agree to indemnify, defend, and hold harmless DataCortex IQ (OPC) PVT LTD and its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your use of our services in violation of applicable law; (c) your provision of inaccurate or unauthorized data or instructions; or (d) any third-party claim arising from your use of deliverables we provide.

7. Payment Terms and Conditions

7.1 Fees and Payment

• Service fees are as specified in individual project agreements
• Payment terms (including upfront, milestone-based, or Net 15/30) are defined in each project or service agreement
• Retainers and ongoing services: Monthly billing with Net 15 or Net 30 terms as specified
• Enterprise projects: Payment terms negotiable and specified in individual agreements
• Late payments may incur interest charges as permitted by law
• All fees are exclusive of applicable taxes, which are the client's responsibility

7.2 Expenses

• Reasonable project-related expenses may be charged separately with prior approval
• Third-party software licenses and cloud infrastructure costs may be passed through to clients

8. Termination

8.1 Termination Rights

• Either party may terminate services with written notice as specified in individual agreements
• We may terminate immediately for non-payment or material breach of terms
• Clients may terminate for convenience subject to payment for work completed

8.2 Post-Termination

• All confidentiality obligations survive termination
• We will return or destroy client data as specified in the service agreement
• Payment obligations for completed work remain in effect

9. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, or infrastructure failures.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India.

10.2 Dispute Resolution

• Parties agree to first attempt resolution through good faith negotiations
• Unresolved disputes will be referred to arbitration under the Arbitration and Conciliation Act, 2015
• Arbitration proceedings shall be conducted in English at a venue mutually agreed by the parties

11. Compliance and Regulatory

11.1 Legal Compliance

• All services are provided in compliance with applicable Indian laws and regulations
• International projects comply with relevant local laws and data protection regulations
• We maintain necessary business licenses and registrations

11.2 Export Controls

• Our services and technologies may be subject to export control laws
• Clients are responsible for compliance with applicable export and import regulations

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with individual service agreements, constitute the entire agreement between the parties.

12.2 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients.

12.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

12.4 Assignment

We may assign these Terms and our rights hereunder without consent. Clients may not assign without our written consent.

13. Contact Information

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

• Email: contact@datacortex.in
• Contact Form: https://datacortex.in/contact