1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of all services, software, applications, and intellectual property provided by Aham Innovations Private Limited, having its registered office at Jagat Bandhu Apartment, 61 North Garagachha, Panchasayar, Kolkata, West Bengal, India, 700094 (referred to as "Aham Innovations," "we," "us," or "our").

Please read these Terms carefully. By accessing or using any of our Services, whether as a corporate client engaging us for consultancy or as an end-user of our proprietary software (such as the "HIPE" app), you agree to be bound by these Terms.

2. Definitions

• "Client": Any individual, company, or entity that enters into a separate Statement of Work (SOW) or formal agreement with Aham Innovations for Software Consultancy Services.
• "Consultancy Services": The custom software development, IT consulting, strategy, and related services provided to Clients under a separate contract.
• "Proprietary Software": Software applications, platforms, or tools owned and developed by Aham Innovations for general use, including the HIPE application.
• "User": Any individual accessing or using the Proprietary Software.
• "Services": Collectively refers to both Consultancy Services and the use of Proprietary Software.

3. Scope of Services

• Consultancy Services (For Clients): Terms for specific projects are governed by Statement of Work (SOW) or Master Service Agreement (MSA). In case of conflict, SOW/MSA terms prevail.
• Proprietary Software (For Users): We grant a limited, non-exclusive, non-transferable, revocable license for internal business or personal use.
• Restrictions: You shall not copy, modify, distribute, sell, rent, reverse-engineer, or attempt to extract source code.
• Availability: We use commercially reasonable efforts but don't guarantee uninterrupted access. We may suspend or discontinue any part of the software.

4. User Accounts and Responsibilities

• Account Security: You must provide accurate information and maintain account password confidentiality. You're responsible for all activities under your account.
• Acceptable Use: You agree not to use Services for unlawful purposes, upload harmful content, disrupt services, or attempt unauthorized access.

5. Intellectual Property Rights (IPR)

• IPR for Consultancy Services: Upon full payment, Aham Innovations typically assigns all IP rights in custom software deliverables to the Client (as per SOW/MSA).
• IPR for Proprietary Software: All IP rights in Proprietary Software (including HIPE) remain exclusive property of Aham Innovations. You receive only a license, not ownership.

6. Payment, Fees, and Refunds

• Consultancy Fees: Defined in SOW/MSA with payment schedules. Late payments may result in service suspension or termination.
• Proprietary Software Fees: Subscription fees displayed at purchase. All payments are non-refundable unless required by Indian law.

7. Disclaimer of Warranties

THE SERVICES AND PROPRIETARY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AHAM INNOVATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, IN NO EVENT SHALL AHAM INNOVATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AHAM INNOVATIONS EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to indemnify and hold harmless Aham Innovations, its directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, violation of these Terms, or violation of any third-party rights.

10. Governing Law and Jurisdiction

• These Terms shall be governed by and construed in accordance with the laws of India.
• Any disputes shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India.

11. Term and Termination

• By Aham Innovations: We may terminate or suspend access immediately, without notice, for any breach of Terms.
• Effect of Termination: Upon termination, your right to use Services ceases immediately. Key sections survive termination.

12. Miscellaneous

• Entire Agreement: These Terms, Privacy Policy, and applicable SOW/MSA constitute the complete agreement.
• Changes to Terms: We may modify Terms with 30 days' notice for material changes. Continued use means acceptance of revised terms.

13. Contact Information