Terms of Service

1. Agreement to Terms

By accessing or using the DivyaSoft website (divyasoft.com) and our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and DivyaSoft, a software development company registered in Nepal.

2. Services

DivyaSoft provides software development services, including but not limited to:

• Custom software development
• Mobile application development
• Web application development
• AI and automation solutions
• Digital marketing and SEO services
• Cloud and DevOps services
• UI/UX design services

Specific terms for individual projects will be outlined in separate service agreements or statements of work.

3. Use of Website

3.1 Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the website
• Collect or harvest user information without consent
• Use automated systems (bots, scrapers) without permission

3.2 Account Registration

Some features of our website may require account registration. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and current information

4. Intellectual Property Rights

4.1 Our Content

All content on this website, including text, graphics, logos, images, software, and code, is the property of DivyaSoft or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from our content without express written permission.

4.2 Client Work

For custom development projects, intellectual property rights will be specified in the project agreement. Typically:

• Upon full payment, clients receive ownership of custom code developed specifically for their project
• DivyaSoft retains rights to reusable components, frameworks, and tools
• DivyaSoft may showcase completed projects in our portfolio (with client permission)

5. Service Agreements and Payment

5.1 Project Proposals

Project-specific terms, including scope, timeline, deliverables, and pricing, will be outlined in a separate proposal or statement of work that both parties must agree to before work begins.

5.2 Payment Terms

Unless otherwise specified in a project agreement:

• Payment terms will be outlined in the project proposal
• Invoices are typically due within 15 days of issuance
• Late payments may incur interest charges
• Work may be suspended for non-payment
• All fees are in USD unless otherwise stated

5.3 Refunds

Refund policies vary by service type and will be specified in project agreements. Generally:

• Deposits are non-refundable once work has commenced
• Refunds for completed work are not provided
• Disputes will be handled on a case-by-case basis

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner. Specific warranties for deliverables will be outlined in project agreements.

6.2 Website Disclaimer

Our website and its content are provided "as is" without warranties of any kind, either express or implied, including but not limited to:

• Accuracy, completeness, or reliability of information
• Uninterrupted or error-free operation
• Fitness for a particular purpose
• Non-infringement of third-party rights

7. Limitation of Liability

To the maximum extent permitted by law, DivyaSoft shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from use or inability to use our website or services

Our total liability for any claim arising from these Terms or our services shall not exceed the amount paid by you for the specific service giving rise to the claim, or $1,000 USD, whichever is less.

8. Indemnification

You agree to indemnify and hold harmless DivyaSoft, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any third-party rights
• Content or materials you provide to us

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives termination of any agreement.

Confidential information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully in the receiving party's possession before disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law

10. Termination

We reserve the right to terminate or suspend your access to our website and services at any time, without notice, for conduct that we believe:

• Violates these Terms
• Is harmful to other users or our business
• Exposes us to legal liability

Project-specific termination terms will be outlined in individual service agreements.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to its conflict of law provisions.

11.2 Dispute Resolution

In the event of any dispute arising from these Terms or our services:

1. The parties will first attempt to resolve the dispute through good-faith negotiation
2. If negotiation fails, the parties may pursue mediation
3. If mediation fails, disputes shall be resolved through arbitration in Kathmandu, Nepal, in accordance with the Arbitration Act, 2055 (1999) of Nepal
4. The arbitration shall be conducted in English
5. The decision of the arbitrator shall be final and binding

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending email notification for significant changes (if you have an account)

Your continued use of our website or services after changes constitutes acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between you and DivyaSoft regarding the use of our website and services, superseding any prior agreements.

15. Contact Information

If you have questions about these Terms, please contact us: