Terms & Conditions

1. About Clykur and contract hierarchy

Clykur (“Clykur”, “we”, “us”, “our”) is a software product and engineering company. Our operations are centred in Bengaluru, Karnataka, India.

Clykur operates as a registered business entity in India (registration and tax particulars appear on invoices or are available on reasonable request).

We may operate under applicable business registrations, including MSME classification where recognised. We build and operate proprietary products (Own IP) and deliver bespoke engineering, product, and integration Services under agreed commercial documents.

In these Terms, SOW means a statement of work, order form, or engagement letter that references or incorporates these Terms, together with any schedules or change orders the parties execute.

If a fully executed SOW, master services agreement, or order form conflicts with these Terms, that signed document controls, but only for that engagement.

These Terms still apply to website use, unpaid pilots, and anything the SOW does not expressly cover.

By using www.clykur.com, submitting a contact form, or signing an order document, you confirm you have authority to bind yourself or your organisation. You also confirm that you accept these Terms.

2. Scope of services and acceptable use

What Services include

Services may include product discovery, UX and UI design, application engineering (frontend, backend, mobile), cloud deployment, DevOps, QA, technical documentation, and advisory workshops.

Deliverables, formats, environments, and acceptance tests are defined only in a SOW. Anything not written there is out of scope unless both parties sign or confirm a written change order.

Own IP, your systems, and acceptable use

• Own IP: Licences, subscriptions, and product terms for Clykur-owned software are set out in separate end-user or enterprise agreements. We grant no implied licence beyond those documents.
• Client systems: You grant us the rights and access we reasonably need to perform the SOW. That may include your repositories, cloud accounts, and third-party APIs you authorise. You warrant that such access does not breach your agreements with third parties.
• Acceptable use: You must not use our website or deliverables to break the law, infringe intellectual property, transmit malware, attempt unauthorised access, run competitive scraping that harms site performance, or reverse engineer our Own IP, except where mandatory law allows.

3. User responsibilities and representations

You represent and warrant that:

• Information you provide (contact details, company status, tax identifiers) is accurate and kept current.
• You will follow applicable laws everywhere you use our deliverables or process data. That includes export control, sanctions, anti-bribery (including India’s Prevention of Corruption Act and comparable laws abroad), and sector-specific rules.
• If you are an international client, you alone are responsible for local filings, consumer disclosures, and regulatory approvals for your products. Our engineering work does not replace your compliance programme.

4. Fees, taxes, invoicing, and suspension

Fees, currency, milestones, retainers, and expense rules are set out in the SOW or on our invoice.

Unless we agree otherwise, you pay invoices in full. You may not set off, deduct, or withhold except where a statute requires withholding tax. If withholding applies, you gross up or give us timely certificates so Clykur receives the net amount we agreed.

• Indian indirect tax: We charge GST or other Indian levies where they apply on domestic supplies. Export of services may be zero-rated or exempt if you provide the documentation we need.
• Late payment: Overdue amounts may bear interest at 1.5% per month or the maximum rate RBI guidance allows for commercial contracts, whichever is lower. We may also recover reasonable legal costs where enforceable.
• Suspension: After written notice, we may suspend Services or withhold deliverables if invoices are materially overdue. Consumer and other non-waivable rights still apply.

5. Intellectual property and open source

Background IP: We keep all rights in tools, frameworks, templates, and know-how we created before or outside your SOW.

Foreground / deliverables: The SOW states how custom work product is assigned or licensed. Until we receive cleared funds for the relevant milestone, we may keep a possessory lien on source materials where the law allows.

Open source: Deliverables may include OSS. You comply with those licences when you distribute.

6. Confidentiality

Each party protects the other’s non-public information with at least the same care it uses for its own similar information, and never less than reasonable care.

Confidential duties continue after termination for the period the SOW states. If the SOW is silent, they run for five (5) years. Trade secrets stay protected until they become public without a breach.

7. Warranties and disclaimer

Except as a SOW expressly states, Services and the website are “as is” and “as available”.

As permitted under applicable law, including the Indian Contract Act, 1872, the Information Technology Act, 2000, and consumer statutes, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where the law voids such a disclaimer.

8. Limitation of liability

Neither party limits liability for death or personal injury caused by negligence, for fraud, or for anything mandatory Indian law does not allow to be capped.

Subject to that, Clykur's aggregate liability arising out of or related to these Terms or the website (excluding amounts payable under an executed SOW for Services actually delivered) shall be limited to the amount paid under the applicable engagement.

We are not liable for indirect, consequential, special, incidental, or punitive damages, or for lost profits, goodwill, data, or business interruption, even if we were told such loss was possible, except where statute forbids that exclusion.

For paid engagements, the SOW may set different caps or exclusive remedies. If it does not, the limits in this clause apply together with any warranty period the SOW names.

9. Indemnity (client)

You will indemnify, defend, and hold harmless Clykur and our personnel against third-party claims, damages, penalties, and reasonable legal costs that arise from any of the following:

• Your materials, datasets, or instructions.
• Your breach of these Terms or a SOW.
• Your violation of law.
• Combining deliverables with products or services we did not supply, except to the extent a final court decision finds the harm resulted solely from Clykur’s wilful misconduct.

10. Termination and survival

We may suspend or revoke website access if you materially breach these Terms.

Commercial engagements end as the SOW describes (notice, cure, and payment). When any engagement ends, provisions on confidentiality, IP, payment, limitation of liability, indemnity, governing law, and dispute resolution stay in force where they logically apply.

11. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control. Examples include natural disasters, war, civil unrest, Internet or utility failures, pandemic restrictions, or government action.

The affected party must notify the other promptly and use reasonable efforts to reduce harm. Payment obligations are not excused by force majeure.

12. Governing law, jurisdiction, and dispute resolution

These Terms are governed by the laws of India. We do not apply another jurisdiction’s substantive law through conflict-of-law rules.

Subject to mandatory forums (such as consumer commissions or labour courts where they apply), the courts at Bengaluru, Karnataka, India have exclusive jurisdiction over disputes arising from the website or these Terms, unless you are a consumer who may sue in your home jurisdiction under non-waivable law.

International clients may choose in a signed SOW to use mediation, then arbitration seated in Bengaluru, Karnataka, India under the Arbitration and Conciliation Act, 1996, with English as the language of the proceeding. If the SOW does not say that, the courts above remain the default forum.

13. Miscellaneous

• Assignment: You may not assign these Terms without our prior written consent. We may assign to an affiliate or as part of a merger or asset sale.
• Notices: Formal notices to Clykur should be sent to the address or email on the invoice or, if none, to info@clykur.com, and are deemed received when acknowledged in writing.
• Electronic records: You consent to electronic contracting and records under the Information Technology Act, 2000.
• Severability and waiver: If a clause is invalid, the rest remains effective. Not enforcing a right once is not a waiver.

14. Changes to these Terms

We may revise these Terms by posting a new version with an updated “Last updated” date.

Continued use of the website after changes take effect means you accept them where the law allows. For active paid work, material adverse changes do not apply retroactively without your written consent, unless the law requires otherwise.