Terms & Conditions

1.1Stacknify provides information technology services to business customers. By using the website, submitting an enquiry, or confirming an Order, you represent that you have authority to bind the organisation you name, and that you accept these Terms on its behalf.

2.1In these Terms:

• “Client”, “you”, or “your” means the organisation that uses the website or enters an Order.
• “Deliverables” means the work product described in an Order, excluding Pre-Existing Materials and Third-Party Materials except as embodied in that work product.
• “Order” means a proposal, quotation, statement of work, or master services agreement accepted by both parties (including acceptance by email).
• “Pre-Existing Materials” means our frameworks, libraries, internal tools, templates, know-how, and generic components developed independently of your project.
• “Third-Party Materials” means software, APIs, models, fonts, stock, cloud services, and other items licensed by a third party.
• “Services” means the professional IT services described in the applicable Order.

3.1The website is provided for information about our capabilities and to receive enquiries. You must not misuse it, attempt to probe or disrupt our systems, submit unlawful or infringing content, or use automated means to scrape or overload the site except as permitted by public search indexing of ordinary pages.

3.2Content on the website — including case studies, service descriptions, and illustrative metrics — is for general information. It is not a warranty, a bid, or a guarantee of outcome. Portfolio items describe the nature of work; unpublished commercial results are omitted on purpose.

4.1Stacknify provides custom software development, web development, mobile application development, UI/UX design, AI automation and related integration, SEO, and digital marketing, as described in the applicable Order. We perform services in a professional and workmanlike manner consistent with generally accepted practices for comparable IT services organisations.

4.2Unless an Order says otherwise, work is delivered on a time-and-materials or fixed-scope basis against written milestones. Anything not expressly included is out of scope. Change requests are estimated and proceed only when approved in writing (including email).

5.1You will provide timely access to stakeholders, systems, content, credentials (via a secure channel), feedback, and decisions reasonably required for us to perform. Delays in access, approvals, or third-party vendors do not constitute our default. You are responsible for the accuracy of materials you supply and for obtaining licences and consents for third-party software, data, and branding you ask us to use.

5.2You remain responsible for your production environments, end-user terms, regulatory licences, and the lawful use of any system we deliver after handover, except as expressly agreed in an Order (for example managed hosting).

6.1A deliverable is accepted when you confirm acceptance in writing, when a milestone payment for that deliverable is made without a written reservation of rights, or five (5) business days after delivery if you have not given a written, reasonably detailed list of material non-conformities against the Order.

6.2We will correct material non-conformities that are our responsibility within a reasonable period. Cosmetic preferences, new requirements, and third-party or environment issues are change requests, not rejection grounds, unless the Order says otherwise.

7.1Fees are those stated in the Order. Unless stated otherwise, invoices are due within fifteen (15) days of the invoice date. Late amounts may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower. Work may be paused if invoices remain unpaid after notice.

7.2Fees are exclusive of applicable taxes (including GST). You are responsible for taxes arising from the services other than taxes on our income. Expenses (travel, paid licences, third-party APIs, app-store fees) are billed at cost when pre-approved or listed in the Order.

7.3Deposits and milestone payments are not refundable once the corresponding work has started, except as required by law or as expressly agreed in the Order.

8.1Each party retains ownership of materials it owned before the engagement. You grant us a limited licence to use your materials solely to perform the services.

8.2Upon full payment of fees due for the relevant deliverable, Stacknify assigns to you the intellectual property in custom deliverables created specifically for you under the Order (source code, unique designs, and documentation), excluding Pre-Existing Materials and Third-Party Materials.

8.3“Pre-Existing Materials” means our frameworks, libraries, internal tools, templates, know-how, and generic components developed independently of your project. We grant you a non-exclusive, perpetual, worldwide licence to use Pre-Existing Materials solely as embodied in the paid deliverables. We may reuse Pre-Existing Materials and generic know-how in other projects.

8.4Third-party software, open-source components, fonts, stock, cloud services, and AI model APIs remain subject to their own licences. You are responsible for ongoing subscription fees for those services unless the Order says we will procure them on your behalf.

9.1Where an Order includes AI automation, agents, or model integration, outputs depend on prompts, data quality, third-party model providers, and changing model behaviour. We do not warrant that model outputs will be error-free, unbiased, or suitable for a particular legal, medical, or financial decision. You must keep a human review process where the use case requires it.

9.2We will not use your confidential production data to train publicly available models. Use of third-party AI APIs is subject to those providers’ terms. Availability and pricing of those APIs may change without our control.

10.1Each party will protect the other’s non-public information with reasonable care and use it only to perform under the Order. Confidentiality does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law (with notice where legally permitted). These obligations survive for three (3) years after the engagement ends, and indefinitely for trade secrets for so long as they remain trade secrets.

11.1Personal information collected through the website is processed as described in our Privacy Policy. Where we process personal data on your behalf inside a client system, we act as a processor or service provider and will follow documented instructions. A data processing addendum may be required before we handle production personal data.

11.2You warrant that you have a lawful basis to provide any personal data to us and that your instructions will not cause us to breach applicable data-protection law.

12.1For thirty (30) days after acceptance of a deliverable (or as stated in the Order), we will use reasonable efforts to correct defects that materially fail to conform to the written specification, provided you notify us promptly and the defect is reproducible. This does not cover issues caused by your changes, third-party systems, unsuitable environments, or requirements not in the Order.

12.2Except as expressly stated, the website and services are provided “as is”. Stacknify disclaims all other warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not warrant uninterrupted operation, specific search rankings, specific revenue, or specific performance gains from AI or marketing work.

13.1To the maximum extent permitted by law, Stacknify is not liable for indirect, incidental, special, consequential, punitive, or lost-profit damages, or for loss of data, goodwill, or business interruption, even if advised of the possibility.

13.2Our aggregate liability arising out of an Order or these Terms is limited to the fees actually paid by you to us under that Order in the three (3) months preceding the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law (including for fraud or wilful misconduct).

14.1You will indemnify and hold Stacknify harmless from claims, damages, and reasonable costs arising from your materials, your breach of these Terms or an Order, your misuse of deliverables, or your violation of law or third-party rights, except to the extent caused by our wilful misconduct.

15.1Either party may terminate an Order for material breach if the breach is not cured within fifteen (15) days after written notice. Either party may terminate for insolvency as permitted by law. We may suspend services for non-payment, security risk, or unlawful use.

15.2On termination you will pay for work performed and approved expenses through the effective date. Upon request and payment of outstanding amounts, we will deliver work-in-progress then in our possession in the form reasonably available.

16.1During an engagement and for twelve (12) months afterwards, you will not solicit for employment any Stacknify personnel who worked on your project, other than through general public advertisements. This does not restrict hiring where prohibited by applicable law.

17.1Unless the Order says otherwise, we may list your organisation name and a factual project description in our portfolio and proposals. We will not disclose confidential details or unpublished metrics. You may withhold publicity by written notice.

18.1We may engage qualified subcontractors or affiliates to perform part of the Services. We remain responsible for their performance as if we had performed the work ourselves. Personnel assigned to your project are not your employees.

19.1Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including failure of third-party networks, cloud or model providers, utilities, labour disputes, epidemic, war, cyber-attack not caused by the affected party’s gross negligence, or government action. The affected party will notify the other promptly and resume performance when reasonably practicable. If such an event continues for more than thirty (30) days, either party may terminate the affected Order on written notice.

20.1These Terms and any Order are governed by the laws of India, without regard to conflict-of-law rules. Courts at the location of our principal place of business in India have exclusive jurisdiction, unless an Order specifies another venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

• These Terms, together with the Order, are the entire agreement for the subject matter and supersede prior discussions on that subject.
• If a provision is unenforceable, the remainder stays in effect.
• Failure to enforce a provision is not a waiver.
• You may not assign an Order without our consent, except to a successor of substantially all of your business. We may assign to an affiliate or successor.
• Notices may be sent to the email addresses used for the engagement, and to info@stacknify.com for notices to us.
• We are an independent contractor. These Terms do not create a partnership, joint venture, or employment relationship.

22.1Questions about these Terms: info@stacknify.com. Website: https://stacknify.com.