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Suspended Abstract Structure

Terms & Conditions

Effective Date: May 27, 2025

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Welcome to Tesberry Pvt Ltd ("Tesberry," "we," "us," or "our"). These Terms & Conditions ("Terms") govern your access to and use of Tesberry's website (www.tesberry.com) and all related services, solutions, and products ("Services") provided by Tesberry. By accessing or using our website and Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you may not access or use our Services.

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1. Acceptance of Terms: By engaging with Tesberry, whether through our website, direct communication, or entering into a service agreement, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, which constitute a binding agreement between you and Tesberry Pvt Ltd. These Terms apply to all visitors, users, and others who access or use the Services.

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2. Services Provided: Tesberry Pvt Ltd specializes in a comprehensive suite of digital transformation services, including but not limited to:

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  •  Custom Software Development & Enterprise Solutions

  • AI Integration & Machine Learning Solutions

  •  Web Application Development (Frontend & Backend)

  • Mobile Application Development (iOS & Android)

  • Brand Identity Design & Digital Strategy

  • AI-Powered Strategic Digital Marketing

  • Digital Expansion Consulting & Advisory Services All services are rendered based on specific project proposals, Statements of Work (SOWs), or formal service agreements ("Service Agreements") executed between Tesberry and the client. In the event of a conflict between these Terms and a Service Agreement, the provisions of the Service Agreement shall prevail for the specific project.

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3. Intellectual Property Rights: All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, website content, and any original work developed by Tesberry prior to or independently of a specific project (excluding client-provided materials), are and shall remain the exclusive property of Tesberry Pvt Ltd or its licensors. Unless explicitly stated otherwise in a Service Agreement, any custom software, applications, or other deliverables developed by Tesberry for a specific client project, upon full and final payment, shall be assigned to the client. However, Tesberry retains the right to use general know-how, underlying algorithms, and non-client-specific reusable components developed during the project for its business operations and future projects, provided such use does not infringe upon client confidentiality or proprietary information.

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4. Client Responsibilities:

The client agrees to:

  • Provide accurate, complete, and timely information, data, and access to necessary resources (e.g., APIs, systems, personnel) as required for Tesberry to perform the Services.

  • Timely review and approve deliverables and provide constructive feedback within agreed-upon timelines.

  • Ensure that all materials provided to Tesberry do not infringe upon the intellectual property rights or any other rights of third parties.

  • Make timely payments as per the agreed-upon payment schedule in the Service Agreement.

  • Comply with all applicable laws and regulations in connection with their use of the Services.

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5. Payment Terms: Payment terms, including pricing, invoicing schedules, and payment methods, will be meticulously detailed in the individual Service Agreement or project proposal. Unless otherwise specified, all invoices are due and payable within [e.g., 15/30] days of the invoice date. Late payments may incur interest charges at a rate specified in the Service Agreement or at the maximum rate permitted by law. Failure to make timely payments may result in the suspension of Services until payment is received, without prejudice to Tesberry's right to terminate the Service Agreement.

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6. Confidentiality: Both Tesberry and the client agree to maintain strict confidentiality regarding all proprietary and confidential information disclosed by the other party during the course of their engagement. This includes, but is not limited to, business plans, financial data, technical specifications, trade secrets, and client lists. This obligation shall survive the termination of the engagement.

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7. Warranties and Disclaimers: Tesberry warrants that the Services will be performed in a professional and workmanlike manner, in accordance with industry standards and the specifications outlined in the Service Agreement. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TESBERRY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TESBERRY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

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8. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TESBERRY PVT LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL TESBERRY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO TESBERRY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

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9. Indemnification: You agree to indemnify, defend, and hold harmless Tesberry Pvt Ltd and its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your infringement of any intellectual property or other right of any person or entity; or (d) any data or content you submit to Tesberry.

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10. Termination: Either party may terminate a Service Agreement as per the terms specified within that agreement. In the absence of specific termination clauses in a Service Agreement, either party may terminate the engagement for material breach if such breach is not cured within 30 days of written notice. Tesberry reserves the right to suspend or terminate your access to the Services immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

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11. Governing Law & Dispute Resolution: These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be first attempted to be resolved amicably through good faith negotiations between the parties. If an amicable resolution is not reached within 30 days, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended) of India. The seat and venue of the arbitration shall be Bangalore, Karnataka, India. The arbitration shall be conducted in English. The decision of the arbitrator(s) shall be final and binding on both parties. Subject to the arbitration clause, you agree to submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India for the resolution of any legal actions or proceedings arising out of these Terms.

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12. Force Majeure: Neither party shall be liable for any delay or failure in performance of its obligations under these Terms (other than payment obligations) caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

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13. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

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14. Entire Agreement: These Terms, together with any applicable Service Agreements and our Privacy Policy, constitute the entire agreement between you and Tesberry Pvt Ltd concerning your use of the Services and supersede any prior agreements, understandings, or representations.

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15. Changes to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

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16. Contact Us: If you have any questions about these Terms, please contact us at info@tesberry.com.

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