Terms and Conditions of Use

AGREEMENT TO TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” “Client,” “User,” or “Licensee”) and A Better Logic, Inc. ("Company," "we," "us," "our," or "ABL"), concerning your access to and use of our services, including but not limited to: custom mobile application development, website design, IT consulting, cloud server services, and our proprietary software-as-a-service (SaaS) products, along with our website https://www.abetterlogic.com (collectively, the "Services").

You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.

1. INTELLECTUAL PROPERTY RIGHTS

1.1. Our Proprietary Assets. Unless otherwise indicated, the Services, including our SaaS products, source code, databases, software, designs, audio, video, text, photographs, graphics, logos, and the trademarks or service marks contained therein (collectively, the "ABL IP") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of India.

1.2. License for Custom Deliverables. For custom development projects (e.g., mobile apps, websites), where a separate Master Services Agreement (MSA) and Statement of Work (SOW) are executed, ABL retains all ownership of the intellectual property in the underlying code, frameworks, and pre-existing materials used to create the deliverable. Upon full payment, the Client is granted a perpetual, worldwide, non-exclusive, non-transferable license to use the final, unique deliverable for its intended purpose. The Client does not acquire ownership of the source code.

1.3. License for SaaS Products. Our SaaS products are licensed, not sold. ABL owns and retains all intellectual property rights in the SaaS products. You are granted a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the SaaS product pursuant to your subscription or one-time purchase, strictly in accordance with these Terms. You are a tenant/licensee of the service.

2. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

a) You have the legal capacity and authority to agree to these Terms;

b) You will not use the Services for any illegal or unauthorized purpose;

c) Your use of the Services will not violate any applicable law or regulation.

3. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. Prohibited activities include, but are not limited to:

Systematically retrieving data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory.

Tricking, defrauding, or misleading us and other users.

Circumventing, disabling, or otherwise interfering with security-related features of the Services.

Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Services.

Using any information from the Services to build a similar or competitive website, application, or service.

Using the Services in a manner inconsistent with any applicable laws or regulations.

4. SERVICE-SPECIFIC TERMS

4.1. Project-Based Services (MSA/SOW). The specific scope, deliverables, timelines, and fees for custom development and consulting projects will be detailed in a separate Master Services Agreement (MSA) and Statement of Work (SOW). Each MSA and SOW shall be incorporated into and governed by these Terms. In the event of a conflict, the terms of the MSA/SOW shall prevail for that specific project.

4.2. SaaS Products.

Subscription Terms: Subscriptions automatically renew for successive periods of the same length until cancelled. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing cycle.

One-Time Purchase: A one-time purchase grants a perpetual license to the version of the software available at the time of purchase, excluding future updates and new features unless explicitly stated.

Account Responsibility: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

5. FEES AND PAYMENT

You agree to pay all fees specified in your SOW, Subscription plan, or one-time purchase order. Fees are non-refundable except as required by law or as otherwise specified herein. Unpaid fees may result in the suspension or termination of your access to the Services. All fees are exclusive of applicable taxes, which you are responsible for paying.

6. TERM AND TERMINATION

These Terms remain in full force and effect while you use our Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including if you violate these Terms.

7. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

8. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of India. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Varanasi, Uttar Pradesh, India.

9. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABL, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR DATA LOSS, ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms.

12. DATA PRIVACY AND SECURITY

We care about data privacy and security. Please review our Privacy Policy: https://www.abetterlogic.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

13. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

14. CONTACT INFORMATION

If you have any questions or comments about these Terms, please contact us at:

A Better Logic

Email: [email protected]