Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the website, platforms, services, and solutions provided by TekBay Digital Solutions Pvt. Ltd. and TekBay Digital Solutions LLC (collectively, “TekBay”, “we”, “our”, or “us”).

By accessing or using our Services, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Services immediately.

1. Scope of Services

TekBay provides technology-related services, including, but not limited to:

• Software engineering and development
• AI and automation solutions
• Cloud infrastructure and DevOps services
• Cybersecurity services
• Data analytics and business intelligence
• Managed IT and infrastructure services
• Digital transformation consulting
• Technical advisory and implementation services

Specific deliverables, timelines, pricing, service levels, and commercial obligations may be governed by separate agreements, proposals, statements of work, or contracts executed between TekBay and the client.

2. Eligibility and Authorized Use

By using the Services, you represent and warrant that:

• You are legally capable of entering into binding agreements
• You will comply with all applicable laws and regulations
• You will use the Services only for lawful and authorized purposes

You agree not to:

• Access or attempt to access systems, networks, or accounts without authorization
• Interfere with or disrupt the integrity, security, or performance of the Services
• Upload malicious code, malware, ransomware, or harmful content
• Misrepresent your identity, affiliation, or authority
• Violate intellectual property, confidentiality, or privacy rights
• Use the Services in a manner that may harm TekBay, its clients, or third parties

TekBay reserves the right to restrict, suspend, or terminate access to the Services for any violation of these Terms.

3. Website Content and Information

The content, materials, and information made available through the Services are provided for general informational and business purposes only.

While TekBay strives to maintain accurate and up-to-date information, we do not guarantee:

• Accuracy
• Completeness
• Reliability
• Availability
• Suitability
• Timeliness

of any content or materials.

Information provided through the Services does not constitute legal, financial, cybersecurity, investment, or professional advice unless expressly stated otherwise in writing.

Your reliance on any information provided through the Services is at your own risk.

4. Intellectual Property Rights

All content, software, source code, frameworks, documentation, designs, trademarks, branding, logos, graphics, methodologies, and intellectual property associated with the Services are owned by or licensed to TekBay and are protected under applicable intellectual property laws.

Except as expressly permitted in writing, you may not:

• Copy
• Reproduce
• Modify
• Republish
• Reverse engineer
• Distribute
• License
• Commercially exploit

any portion of the Services.

Unless otherwise agreed in a separate written agreement:

• TekBay retains ownership of its pre-existing intellectual property, proprietary tools, frameworks, methodologies, and reusable components
• Clients retain ownership of their own materials, data, and proprietary content provided to TekBay
• Ownership of project deliverables shall be governed by the applicable client agreement or statement of work

5. Client Materials and Submissions

You may provide information, files, content, feedback, ideas, suggestions, or other materials in connection with the Services (“Submissions”).

You represent and warrant that:

• You own or have the necessary rights to provide such Submissions
• The Submissions do not violate applicable laws or third-party rights
• The Submissions do not contain unlawful or malicious material

Unless otherwise agreed in writing, TekBay may use feedback or suggestions provided by you for internal business improvement purposes without restriction or compensation.

6. Confidentiality

Both parties agree to maintain the confidentiality of non-public business, technical, financial, operational, or proprietary information disclosed during the course of any engagement.

Confidential information shall not be disclosed except:

• With prior written consent
• To authorized personnel or subcontractors bound by confidentiality obligations
• As required by law or legal process

Confidentiality obligations survive termination of the relationship.

7. Third-Party Services and Integrations

The Services may integrate with or depend upon third-party providers, including:

• Cloud hosting providers
• AI and automation platforms
• Analytics providers
• Infrastructure vendors
• Communication and collaboration tools

TekBay does not control and is not responsible for:

• Third-party service interruptions
• External software failures
• Platform vulnerabilities
• Third-party policies or practices
• Downtime caused by external providers

Your use of third-party services may also be governed by separate terms and conditions issued by those providers.

8. Service Availability

TekBay strives to maintain secure, stable, and reliable Services; however, uninterrupted availability is not guaranteed.

The Services may be interrupted, delayed, or limited due to:

• Scheduled maintenance
• Security incidents
• Infrastructure failures
• Internet disruptions
• Third-party outages
• Regulatory actions
• Events beyond reasonable control

TekBay reserves the right to modify, suspend, or discontinue any part of the Services at any time without liability.

9. Data Protection and Privacy

The collection, use, storage, processing, and transfer of personal information are governed by our Privacy Policy.

By using the Services, you acknowledge and consent to the practices described in the Privacy Policy.

10. Payments and Commercial Terms

Where Services are provided under a commercial engagement:

• Fees, billing schedules, and payment obligations shall be defined in the applicable proposal, quotation, statement of work, or agreement
• Invoices must be paid within the agreed payment period
• Late payments may result in suspension or termination of Services
• Clients remain responsible for applicable taxes, duties, levies, or governmental charges unless otherwise specified

TekBay reserves the right to suspend work or withhold deliverables for overdue accounts.

11. Electronic Communications

By communicating with TekBay electronically, including through email, forms, or digital platforms, you consent to receive electronic communications from us.

You agree that electronic communications satisfy any legal requirement that such communications be provided in writing.

12. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, TekBay disclaims all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy
• Reliability
• Availability
• Security

TekBay does not warrant that:

• The Services will be uninterrupted or error-free
• Defects will be corrected
• Systems will remain secure or free from vulnerabilities
• Results obtained from the Services will meet expectations or requirements

13. Limitation of Liability

To the maximum extent permitted by applicable law, TekBay and its affiliates, employees, officers, contractors, partners, and licensors shall not be liable for:

• Indirect damages
• Consequential damages
• Incidental damages
• Special damages
• Punitive damages
• Loss of profits
• Loss of revenue
• Loss of data
• Business interruption
• Reputational harm

arising from or related to the use of, or inability to use, the Services.

To the extent permitted by law, TekBay’s total aggregate liability for any claim relating to the Services shall not exceed the amount paid by the client for the specific Services giving rise to the claim during the three (3) months preceding the event giving rise to liability.

14. Indemnification

You agree to indemnify, defend, and hold harmless TekBay, its affiliates, officers, employees, contractors, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of the Services
• Your breach of these Terms
• Your violation of applicable laws
• Your infringement of intellectual property, privacy, or other third-party rights

15. Suspension and Termination

TekBay may suspend or terminate access to the Services immediately if:

• These Terms are violated
• Fraudulent or unlawful activity is suspected
• Security risks are identified
• Payment obligations remain overdue
• Continued access may harm TekBay or third parties

You may discontinue use of the Services at any time.

Upon termination:

• Access rights immediately cease
• Outstanding financial obligations remain enforceable
• Confidentiality, intellectual property, limitation of liability, and indemnification provisions survive termination

16. Export Compliance and Restricted Use

You agree not to use or export the Services in violation of applicable export control, sanctions, or trade compliance laws of the United States, India, or other applicable jurisdictions.

You further represent that you are not:

• Located in a sanctioned jurisdiction
• Subject to trade restrictions
• Listed on any government restricted-party list

17. Force Majeure

TekBay shall not be liable for delays or failures caused by events beyond reasonable control, including:

• Natural disasters
• Cyberattacks
• Internet outages
• Utility failures
• Government actions
• Labor disputes
• Pandemics
• War or civil unrest

18. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws applicable to the TekBay entity providing the relevant Services, unless otherwise specified in a separate written agreement.

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts within the applicable jurisdiction of that entity.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain fully valid and enforceable.

20. Waiver

Failure by TekBay to enforce any provision of these Terms shall not constitute a waiver of any rights or remedies.

21. Changes to These Terms

TekBay may revise or update these Terms periodically to reflect:

• Operational changes
• Legal or regulatory requirements
• Service modifications
• Technological developments

Updated Terms become effective immediately upon publication on our website.

Continued use of the Services after updates constitutes acceptance of the revised Terms.

22. Contact Information

For questions regarding these Terms & Conditions or legal matters, please contact us at alliance@tekbay.digital.

TekBay Digital Solutions Pvt. Ltd.

New Delhi, India

TekBay Digital Solutions Pvt. Ltd.

Ekantakuna, Lalitpur, Nepal

TekBay Digital Solutions LLC

Denver, Colorado, USA