Terms of Service

Effective Date: November 10, 2025
Last Updated: November 10, 2025

Questions about these Terms? Email writetokushaldsamant@gmail.com or review with legal counsel before engaging our services.

Welcome to the services provided by Kushal Dhananjay Samant. These Terms of Service ("Terms") govern your access to and use of our SaaS development services, proprietary software platforms, and related offerings. By accessing or using our services, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to these Terms, you may not access or use our services.

1. Definitions

For purposes of these Terms:

• "Services" means all custom SaaS development services, proprietary SaaS product subscriptions, technical consulting, and related services provided by Kushal Dhananjay Samant.
• "Client" or "Customer" refers to any business entity that enters into a service agreement with us.
• "User" refers to any individual accessing or using the Services.
• "Platform" refers to our proprietary software, tools, and online services.
• "Development Services" means custom software-as-a-service application development, cloud solutions, API integrations, and related development work.
• "SaaS Products" means our proprietary software platforms available via subscription.
• "Subscription" means a recurring payment arrangement for access to SaaS Products.
• "Agreement" means these Terms together with any Statement of Work, Order Form, or other written agreement.
• "Intellectual Property" or "IP" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
• "Confidential Information" means non-public information disclosed by one party to another.
• "Data" means all information, content, and materials submitted to or generated by the Services.
• "Content" means text, graphics, images, software, audio, video, and other materials.
• "We," "Us," "Our" refers to Kushal Dhananjay Samant.
• "You," "Your" refers to the Client, Customer, or User accessing the Services.

2. Acceptance of Terms

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Cancellation & Refund Policy. These Terms apply to all visitors, users, and others who access or use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance of these Terms will be treated as acceptance by that organization.

We reserve the right to modify these Terms at any time. Material changes will be notified via email with 30 days' advance notice. Continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age or have the consent of a parent or legal guardian.
• Have the legal authority to enter into a binding agreement.
• If representing an organization, have the authority to bind that organization to these Terms.
• Provide accurate, current, and complete information during registration.
• Not be located in, or a resident of, any country subject to international sanctions or export restrictions.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, particularly if we believe there has been a violation of these Terms.

4. Services Overview

Kushal Dhananjay Samant provides the following services:

4.1 Custom SaaS Development Services

Full-stack software-as-a-service application development, including:

• Cloud-based application architecture and development
• API design, development, and integration
• Database design and optimization
• User interface and user experience design
• Deployment, hosting configuration, and DevOps
• Post-launch support and maintenance (as specified in agreements)

4.2 Proprietary SaaS Products

Subscription-based access to our proprietary software platforms and tools, including:

• Monthly and annual subscription plans
• Various feature tiers and usage limits
• Regular updates and improvements
• Technical support per service level agreements

4.3 Professional Services

• Technical consulting and advisory services
• Architecture planning and technology selection
• Digital transformation strategy
• Training and knowledge transfer

5. Account Registration

5.1 Account Creation

To access certain Services, you must create an account by providing:

• Full name and contact information
• Email address
• Company name and business information (for B2B clients)
• Payment information
• Any other information as requested

5.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong passwords and enabling available security features

5.3 Account Limitations

• One account per individual or organization
• Accounts are non-transferable
• We reserve the right to suspend or terminate accounts that violate these Terms
• Shared credentials among multiple users may result in account suspension

6. Development Services – Statement of Work

6.1 SOW Requirement

All Development Services projects require a written Statement of Work (SOW) that includes:

• Detailed project scope and objectives
• Specific deliverables and acceptance criteria
• Project timeline and milestones
• Payment terms and schedule
• Roles and responsibilities
• Change request procedures

6.2 Change Requests

Changes to the agreed scope must be:

• Submitted in writing
• Reviewed and quoted by us
• Approved by the Client before implementation
• Subject to timeline and cost adjustments

6.3 Client Responsibilities

Clients are responsible for:

• Providing timely content, assets, and information
• Granting necessary access to systems and platforms
• Providing timely feedback and approvals
• Designating authorized representatives for decision-making
• Ensuring availability for scheduled meetings and reviews

6.4 Delays

Delays caused by Client failure to meet responsibilities may result in:

• Timeline extensions without penalty to us
• Additional costs for extended engagement
• Project suspension or termination per Section 19

6.5 Acceptance Testing

• Deliverables are provided for Client testing and review
• Client has 7 calendar days to test and provide feedback
• Acceptance is deemed granted if no response within 7 days
• Rejections must be based on SOW acceptance criteria and documented in detail

7. Development Services – Project Execution

7.1 Milestone-Based Delivery

Projects are typically delivered in phases with defined milestones. Payment is released upon milestone completion and acceptance.

7.2 Progress Communication

We provide regular progress reports and maintain open communication channels throughout the project lifecycle.

7.3 Third-Party Services

Use of third-party services, APIs, or tools requires Client approval. Associated costs are passed through to the Client or included in project quotations.

7.4 Environments

• Beta/Staging: Provided for testing before production deployment
• Production: Deployment executed after Client approval
• Access: Client receives appropriate access credentials upon delivery

7.5 Post-Launch Warranty

Development Services include a 30-day warranty period from final delivery for defects that prevent the deliverable from performing as specified in the SOW. The warranty does not cover:

• Changes to requirements or scope
• Issues caused by Client modifications
• Third-party service failures
• Enhancements or new features

8. SaaS Subscription Terms

8.1 Subscription Plans

SaaS Products are offered under various plans:

• Free Trial: Limited-time access with specified features
• Monthly Subscriptions: Billed monthly, cancel anytime
• Annual Subscriptions: Billed annually with discounted rates
• Enterprise Plans: Custom pricing and features

8.2 Fair Use and Limits

Subscriptions include usage limits (e.g., storage, API calls, users). Excessive use beyond fair use thresholds may result in:

• Additional charges
• Throttling or temporary suspension
• Requirement to upgrade to a higher plan

8.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged using your payment method on file.

8.4 Price Changes

We reserve the right to change subscription prices with 30 days' advance notice. Existing subscribers will be notified via email. Continued use after the effective date constitutes acceptance of the new pricing.

8.5 Access Termination

Non-payment may result in service suspension after 15 days and termination after 30 days. Data export options are available during the suspension period.

8.6 Data Portability

Upon request, we provide data export tools to retrieve your data in standard formats (e.g., JSON, CSV).

8.7 Service Modifications

We may modify, update, or discontinue features with reasonable notice. Material changes to core functionality will be communicated with at least 60 days' notice.

9. Payment Terms

9.1 Development Services Payment

• Deposit: 30-50% upfront payment required to commence work
• Milestone Payments: Per SOW schedule
• Final Payment: Due before final delivery and transfer of deliverables
• Payment Terms: Net 15 days from invoice date unless otherwise specified

9.2 Subscription Payment

• Charged in advance for the subscription period
• Processed automatically on the renewal date
• Prorated charges for mid-cycle upgrades

9.3 Payment Methods

We accept payment via:

• Credit and debit cards (processed via Stripe)
• Bank transfer (for larger projects or enterprise clients)
• Other methods as mutually agreed

9.4 Currency

• Primary: Indian Rupees (INR)
• International: US Dollars (USD) or as agreed
• Currency conversion rates apply at the time of transaction

9.5 Late Payment

Late payments are subject to:

• Interest of 1.5% per month (18% annually) or the maximum allowed by law
• Suspension of services after 15 days overdue
• Termination after 30 days overdue
• Collection costs and legal fees

9.6 Taxes

All fees are exclusive of applicable taxes, duties, and levies. You are responsible for payment of all such taxes except those based on our net income.

9.7 Disputed Charges

If you dispute a charge, contact us at writetokushaldsamant@gmail.com within 30 days of the charge. We will investigate and respond within 15 business days.

10. Cancellation & Refund Policy

Our Cancellation & Refund Policy is governed by our separate Cancellation & Refund Policy. Below is a summary of key terms:

10.1 SaaS Subscriptions

Monthly Subscriptions:

• Cancel anytime via account settings or email
• No prorated refunds for partial months
• Access continues until end of billing period

Annual Subscriptions:

• 30-day money-back guarantee for new subscriptions
• After 30 days: Prorated refund (90% of unused months)
• Alternative: Full service credit (no administrative fee)

Trial Periods:

• Cancel anytime during trial period without charges
• Email reminder 3 days before auto-conversion to paid subscription

10.2 Development Services

Before Project Start:

• Within 7 days of payment: Full refund
• After 7 days, before project start: 90% refund (10% administrative fee)

During Development:

• 30 days' written notice required
• Payment due for completed milestones and in-progress work (prorated)
• Deliverables provided for all paid work

After Completion:

• No refunds once deliverables accepted
• 30-day warranty for defects per SOW specifications

10.3 Refund Processing

• Request via email: writetokushaldsamant@gmail.com
• Review within 3 business days
• Processing: 14 business days after approval
• Total timeline: 3-4 weeks from request to receipt
• Refund issued to original payment method

10.4 Non-Refundable Items

• Third-party costs (domains, licenses, hosting, APIs)
• Completed and accepted services
• Payment processing fees
• Currency conversion fees

10.5 Consumer Rights

India: Rights under Consumer Protection Act, 2019 fully preserved. Contact National Consumer Helpline: 1800-11-4000

EU: 14-day cooling-off period for distance contracts per Consumer Rights Directive 2011/83/EU

UK: Rights under Consumer Rights Act 2015 and Consumer Contracts Regulations

US: Compliance with FTC Guidelines and applicable state consumer protection laws

10.6 Full Policy

For complete cancellation and refund terms, including:

• Upgrades, downgrades, and add-ons
• Service credits and SLA breach compensation
• Disputed charges and chargeback procedures
• Currency and exchange rate policies
• Special circumstances and force majeure
• International consumer rights details
• Refund exceptions and time limits

Please review our full Cancellation & Refund Policy.

Contact for Cancellations/Refunds:
Email: writetokushaldsamant@gmail.com
Phone: +91 87796 32310
Support Hours: Monday–Saturday, 10:00 AM – 8:00 PM IST

11. Intellectual Property Rights

11.1 Development Work – Client IP

Upon full payment, Client receives ownership of custom deliverables specifically created for the Client under the SOW, excluding:

• Pre-existing intellectual property owned by us or third parties
• General methodologies, processes, and know-how
• Reusable components, frameworks, and tools
• Open source components (subject to respective licenses)

11.2 Platform and SaaS Products – Our IP

We retain all ownership rights to our proprietary Platform, SaaS Products, tools, and technologies. Clients receive a non-exclusive, non-transferable, limited license to access and use the Platform solely for their internal business purposes during the subscription term or as specified in the agreement.

11.3 License Restrictions

You may not:

• Reverse engineer, decompile, or disassemble the Platform
• Copy, modify, or create derivative works
• Sublicense, rent, lease, or transfer access to third parties
• Remove or alter proprietary notices
• Use the Platform for competitive analysis or to develop competing products

11.4 Open Source Components

Third-party open source components are governed by their respective licenses. We provide documentation of open source components used. Client is responsible for compliance with open source licenses post-delivery.

11.5 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide regarding our Services may be used by us without compensation or obligation to you.

11.6 Infringement Claims

If a deliverable infringes third-party IP rights, we will, at our option:

• Obtain the right for you to continue using it
• Replace or modify it to be non-infringing
• Refund the fees paid for the infringing component

12. Data Protection & Privacy

12.1 Privacy Policy

Our collection, use, and protection of personal data is governed by our Privacy Policy.

12.2 Compliance

We comply with:

• General Data Protection Regulation (GDPR) for EU users
• California Consumer Privacy Act (CCPA) for California residents
• Indian Information Technology Act, 2000 and related rules
• Other applicable data protection laws

12.3 Data Processor Role

For Development Services, we act as a data processor on behalf of Clients (data controllers) regarding any personal data of their end users.

12.4 Data Processing Agreement

Enterprise clients may request a separate Data Processing Agreement (DPA) that details data processing terms, security measures, and sub-processor arrangements.

12.5 Data Residency

Where technically feasible, we offer data residency options in India, the European Union, and the United States. Data residency preferences should be specified at the start of the engagement.

12.6 Your Responsibilities

Clients are responsible for:

• Obtaining necessary consents from their end users
• Complying with applicable data protection laws
• Providing privacy notices to their users
• Responding to data subject requests regarding their end-user data

13. Security & Compliance

13.1 Security Measures

Technical Safeguards:

• Encryption: TLS 1.3 or higher for data in transit; AES-256 encryption for data at rest
• Access Controls: Multi-factor authentication (MFA), role-based access control (RBAC)
• Infrastructure: Firewalls, intrusion detection/prevention systems, DDoS mitigation
• Monitoring: 24/7 security monitoring and logging

Operational Safeguards:

• Regular security audits and vulnerability assessments
• Penetration testing (at least annually)
• Security patch management
• Incident response procedures
• Employee security training and background checks (where permitted)

13.2 Security Framework

We implement security practices informed by industry frameworks:

SOC 2 Trust Services Criteria:

• Security controls for data protection
• Availability and system reliability measures
• Confidentiality safeguards
• Privacy controls for personal data

ISO 27001-Informed Practices:

• Information security management protocols
• Risk assessment and mitigation
• Continuous improvement processes

Healthcare Project Security: For healthcare-related work, we implement enhanced security measures aligned with HIPAA requirements, including:

• Encryption for protected health information (PHI)
• Access controls and audit logging
• Business Associate Agreement (BAA) execution where applicable
• Breach notification procedures

Note: These represent our security practices and commitments. Formal certifications may be pursued based on business needs and client requirements.

13.3 Security Audits

We conduct regular third-party security assessments. Audit reports may be provided to enterprise clients under NDA upon request.

13.4 Client Security Responsibilities

Clients must:

• Use strong passwords and enable MFA where available
• Securely store API keys and access credentials
• Report security issues immediately to writetokushaldsamant@gmail.com
• Follow security best practices for their use of the Services
• Maintain compliance with their own regulatory requirements

13.5 Security Incident Notification

In the event of a security incident affecting your data, we will notify you in accordance with applicable laws and our Privacy Policy, typically within 72 hours of discovery.

14. Service Level Agreements (SLAs)

14.1 Uptime Guarantee (SaaS Products)

We target 99.9% monthly uptime for our SaaS Products, calculated as:

Uptime % = (Total Minutes in Month - Downtime Minutes) / Total Minutes in Month × 100

Exclusions: Downtime due to scheduled maintenance, force majeure events, Client's actions, third-party service failures, or circumstances beyond our reasonable control.

14.2 Scheduled Maintenance

• Advance Notice: 72 hours for scheduled maintenance
• Timing: Performed during low-traffic windows when possible
• Duration: Minimized to the extent reasonably possible

14.3 Support Response Times

Business Hours: Monday–Saturday, 10:00 AM – 8:00 PM IST

14.4 Service Credits

If we fail to meet the uptime guarantee:

Requesting Credits:

• Must be requested within 30 days of the incident
• Credits issued as account credits, not cash refunds
• Maximum credit: 100% of one month's subscription fee
• Credits expire 12 months after issuance

15. Confidentiality

15.1 Confidential Information

Each party agrees to protect the other party's Confidential Information with the same degree of care used to protect its own confidential information, but no less than reasonable care.

15.2 Confidentiality Period

Confidentiality obligations continue for 5 years from the date of disclosure.

15.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of this Agreement
• Was known to the receiving party before disclosure
• Is independently developed without use of Confidential Information
• Is rightfully received from a third party without confidentiality restrictions
• Must be disclosed pursuant to law or court order (with notice to disclosing party where permitted)

15.4 Return of Information

Upon termination or request, each party will return or destroy the other party's Confidential Information, except for archival copies required by law or backup systems.

15.5 Injunctive Relief

Breach of confidentiality may cause irreparable harm for which monetary damages are inadequate. The injured party may seek injunctive relief in addition to other remedies.

16. Warranties

16.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Services will comply with applicable laws and regulations
• Development deliverables will not infringe third-party intellectual property rights (to the best of our knowledge)
• We will use reasonable skill and care in providing the Services

16.2 Client Warranties

You warrant that:

• You have authority to enter into this Agreement
• Your use of the Services complies with applicable laws
• Content and materials you provide do not infringe third-party rights
• You will use the Services in accordance with these Terms and applicable laws

17. Warranty Disclaimers

To the maximum extent permitted by law:

17.1 "AS IS" Services

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied. This includes, but is not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement

In plain terms: We'll do our best and use professional standards, but we can't guarantee specific outcomes.

17.2 No Guarantee of Results

We do not warrant or guarantee any specific results from use of the Services. Success depends on many factors beyond our control.

17.3 Service Availability

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We work to maintain reliability but cannot guarantee 100% uptime.

17.4 Third-Party Components

We disclaim all warranties regarding third-party services, software, or components. These are governed by their own terms and conditions.

17.5 Consumer Rights Preserved

Important for Consumers: If you're subject to the Consumer Protection Act, 2019 (India) or other mandatory consumer protection laws, your statutory rights are not excluded or limited by these disclaimers. These disclaimers apply only to the extent permitted by applicable law.

18. Limitation of Liability

18.1 Liability Cap – Business Clients

For business-to-business transactions, our total liability arising from these Terms or the Services is limited to the greater of:

• The fees you paid in the 12 months before the claim, or
• ₹5,00,000 (five lakh rupees)

This cap applies to all claims, regardless of the form of action.

18.2 Exclusion of Consequential Damages

To the maximum extent permitted by law, we are not liable for:

• Lost profits, revenue, or business opportunities
• Loss of data or data corruption
• Business interruption
• Loss of goodwill or reputation
• Indirect, incidental, consequential, special, exemplary, or punitive damages

Even if we've been advised of the possibility of such damages.

18.3 Exceptions

The limitations in this section do not apply to:

• Fraud, willful misconduct, or gross negligence
• Death or personal injury caused by our negligence
• Intellectual property infringement by our deliverables
• Violations of data protection laws caused by our breach
• Liabilities that cannot be limited under applicable law

18.4 Consumer Protection – Individual Clients

For individual consumers in India: Your rights under the Consumer Protection Act, 2019 are fully preserved. Statutory remedies for defective services or unfair trade practices are not limited. The maximum liability of ₹5,00,000 applies except where statutory consumer remedies provide greater protection.

18.5 International Consumer Rights

For consumers in other jurisdictions: Local consumer protection laws apply. These limitations apply only to the extent permitted by mandatory consumer protection laws in your jurisdiction. Your statutory rights remain unaffected.

19. Indemnification

19.1 Client Indemnification

You agree to indemnify, defend, and hold harmless Kushal Dhananjay Samant from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your misuse of the Services
• Your violation of these Terms or applicable laws
• Intellectual property infringement by your Content or materials
• Your breach of representations or warranties

19.2 Our Indemnification

We agree to indemnify you from claims arising from:

• Intellectual property infringement by our original deliverables (subject to Section 11.6)
• Our gross negligence or willful misconduct
• Data breaches caused by our failure to implement reasonable security measures

19.3 Indemnification Procedures

The indemnified party must:

• Promptly notify the indemnifying party in writing of the claim
• Grant control of the defense and settlement to the indemnifying party
• Reasonably cooperate in the defense
• Not settle without the indemnifying party's consent

20. Term & Termination

20.1 Term

These Terms begin upon your first access to the Services and continue until terminated as described in this section. Project-specific terms are defined in individual SOWs.

20.2 Termination for Convenience

• By Client: 30 days' written notice for subscriptions; Development Services termination governed by Section 10
• By Us: 60 days' written notice

20.3 Termination for Cause

Either party may terminate immediately if the other party:

• Commits a material breach and fails to cure within 15 days of written notice
• Becomes insolvent or enters bankruptcy proceedings
• Engages in illegal activities or fraud

20.4 Immediate Termination by Us

We may immediately suspend or terminate for:

• Non-payment exceeding 30 days
• Violations of these Terms that pose security risks or legal liability
• Repeated violations after warnings

20.5 Effect of Termination

Upon termination:

• Payment: All outstanding fees become immediately due
• Data Export: You have 30 days to export your data
• Access: Your access to the Platform is revoked
• Confidential Information: Must be returned or destroyed
• IP Rights: Development Services IP transfers per Section 11; Platform licenses terminate
• Refunds: Per Section 10 (Cancellation & Refund Policy)

20.6 Survival

The following sections survive termination: Definitions, Intellectual Property Rights, Confidentiality, Warranties, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and any payment obligations.

21. Export Compliance

21.1 Export Laws

You agree to comply with all applicable export and import control laws and regulations, including:

• Indian export control laws
• U.S. Export Administration Regulations (where applicable)
• International trade sanctions and embargoes

21.2 Prohibited Destinations

You may not use the Services or export deliverables to countries subject to comprehensive sanctions, including but not limited to: Iran, North Korea, Syria, Cuba, or Crimea region of Ukraine.

21.3 Restricted Parties

You represent that you are not on any government list of prohibited or restricted parties.

21.4 Compliance Responsibility

You are solely responsible for obtaining any necessary export licenses and ensuring compliance with export regulations for your use of deliverables.

22. Prohibited Uses

You agree not to use the Services to:

22.1 Illegal Activities

• Violate any local, state, national, or international law or regulation
• Engage in fraudulent activities or misrepresentation
• Facilitate illegal gambling, money laundering, or terrorism

22.2 Harmful Conduct

• Harass, abuse, threaten, or incite violence against individuals or groups
• Distribute viruses, malware, ransomware, or other malicious code
• Attempt to gain unauthorized access to systems or data
• Conduct denial-of-service attacks or network interference

22.3 Intellectual Property Infringement

• Infringe copyrights, trademarks, patents, or other intellectual property rights
• Distribute pirated software or unauthorized content

22.4 Spam and Abuse

• Send unsolicited bulk communications (spam)
• Engage in phishing or social engineering attacks
• Impersonate any person or entity

22.5 Competitive Use

• Reverse engineer, decompile, or disassemble the Platform
• Conduct competitive analysis or benchmarking without consent
• Develop competing products based on our Services

22.6 Resource Abuse

• Excessive use beyond fair use thresholds
• Cryptocurrency mining without authorization
• Activities that degrade service performance for other users

23. Dispute Resolution

23.1 Informal Resolution

Before pursuing formal dispute resolution, the parties agree to attempt good faith negotiations for 30 days. Contact us at writetokushaldsamant@gmail.com to initiate informal resolution.

23.2 Mediation

If informal resolution fails, parties may agree to voluntary mediation. Mediation costs will be shared equally.

23.3 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. Specific statutes include:

• Information Technology Act, 2000
• Consumer Protection Act, 2019 (for consumer transactions)
• Indian Contract Act, 1872

23.4 Jurisdiction

Primary Jurisdiction: The courts of Sindhudurg, Maharashtra, India, shall have exclusive jurisdiction over disputes arising under these Terms.

International Disputes: For disputes involving clients outside India, parties agree to resolve disputes through arbitration administered by the International Chamber of Commerce (ICC) using ICC Rules, with arbitration seated in India.

Consumer Disputes: Indian consumers have the right to file complaints with:

• District Consumer Disputes Redressal Commission
• State Consumer Disputes Redressal Commission
• National Consumer Disputes Redressal Commission
• National Consumer Helpline: 1800-11-4000

23.5 Class Action Waiver

Where permitted by law, you agree to resolve disputes individually and waive participation in class actions or representative proceedings.

24. General Provisions

24.1 Force Majeure

Neither party is liable for delays or failures in performance due to causes beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, labor strikes, or internet/telecommunications failures. Obligations are suspended during force majeure events. If a force majeure event continues for more than 60 days, either party may terminate the affected agreement.

24.2 Assignment

We may assign these Terms or any rights hereunder without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our prior written consent, except that you may assign to a successor entity in a merger or acquisition involving substantially all of your assets or business.

24.3 Entire Agreement

These Terms, together with any applicable SOWs or Order Forms, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings.

24.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

24.5 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by the waiving party.

24.6 Notices

All notices under these Terms must be in writing and sent to:

• Email: writetokushaldsamant@gmail.com (for routine matters)
• Mailing Address: Kushal Dhananjay Samant, H.No. 2337, "Visava", Swami Samarth Nagar, Near Dattanagar, Kavilgaon, Nerur, Kudal – 416520, Sindhudurg, Maharashtra, India (for legal notices)

Notices are effective upon sending to the email address or mailing address on file.

24.7 Relationship of Parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

24.8 Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person other than the parties and their permitted successors and assigns, except for our authorized service providers who are third-party beneficiaries of confidentiality and liability provisions.

24.9 Language

These Terms are prepared in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

25. Updates to Terms

25.1 Right to Modify

We reserve the right to modify these Terms at any time to reflect changes in our Services, business practices, or legal requirements.

25.2 Notice of Changes

Material changes will be notified via:

• Email to your registered email address (30 days advance notice)
• Prominent notice on our website
• In-app notification (where applicable)

25.3 Acceptance of Changes

Continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you object to the changes, you may terminate your account within the notice period.

25.4 Review Regularly

We encourage you to review these Terms periodically. The "Last Updated" date at the top of this document indicates when the Terms were last revised.

26. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

General Inquiries:
Email: writetokushaldsamant@gmail.com
Website: https://kushalsamant.github.io/getintouch.html
Phone: +91 87796 32310

Legal Notices:
Email: writetokushaldsamant@gmail.com
Mailing Address: Kushal Dhananjay Samant, H.No. 2337, "Visava", Swami Samarth Nagar, Near Dattanagar, Kavilgaon, Nerur, Kudal – 416520, Sindhudurg, Maharashtra, India

Technical Support:
Email: writetokushaldsamant@gmail.com
Support Hours: Monday–Saturday, 10:00 AM – 8:00 PM IST

Data Protection Inquiries:
See our Privacy Policy at https://kushalsamant.github.io/privacypolicy.html
Email: writetokushaldsamant@gmail.com

27. Acceptance

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Effective Date: November 10, 2025

These Terms of Service were last updated on November 10, 2025. For the most current version, please visit https://kushalsamant.github.io/termsofservice.html