Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Aptibit Technologies ("Aptibit", "we", "us", or "our"), a company registered in Kolkata, West Bengal, India.

By accessing or using our website at aptibit.com, our products (including the Visylix platform), or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of our website and services.

2. Eligibility

You must be at least 18 years of age to use our website and services. By using our website or engaging our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are under 18, you may not use our website or services under any circumstances.

3. Description of Services

Aptibit Technologies provides the following products and services, each of which may be subject to additional terms and conditions as specified in separate agreements:

• Visylix: An enterprise AI video intelligence platform that provides video management, AI-powered analytics, live streaming, recording, and deployment capabilities. Visylix is licensed separately and governed by its own licensing terms.
• Custom AI and ML development: Bespoke development of artificial intelligence and machine learning models, including computer vision, natural language processing, generative AI, agentic AI systems, RAG pipelines, and LLM fine-tuning.
• Software engineering: Full-stack web and mobile application development, cloud-native architecture, API design, microservices, and DevOps services.
• Product design: UI/UX design, design systems, prototyping, user research, and end-to-end product development.
• AI consulting: Strategic AI advisory, technology assessment, proof of concept development, and digital transformation consulting.
• Digital marketing: AI-powered marketing strategy, SEO, content marketing, and performance marketing services.
• Website: Information about our company, services, blog content, case studies, and other resources available at aptibit.com.

We reserve the right to modify, update, enhance, or discontinue any product or service at any time, with or without notice. For active client engagements, changes will be communicated in accordance with the applicable service agreement.

4. Acceptable Use

You agree to use our website and services only for lawful purposes. You shall not:

• Use our website or services in any way that violates applicable local, national, or international laws or regulations
• Attempt to gain unauthorized access to any part of our website, servers, networks, or systems
• Introduce viruses, malware, Trojan horses, worms, or other malicious or technologically harmful material
• Engage in any activity that interferes with or disrupts the proper functioning of our website or services
• Use automated tools, bots, or scripts to scrape, crawl, or extract data from our website without our prior written consent (legitimate search engine crawlers and AI indexing bots are permitted as specified in our robots.txt)
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Use our services to develop products or services that compete directly with Aptibit Technologies or the Visylix platform
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any of our proprietary software or AI models
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use our services or products in a manner that infringes the intellectual property rights of any third party

Violation of these acceptable use terms may result in immediate termination of your access to our website and services, and may subject you to legal liability.

5. Intellectual Property Rights

5.1 Aptibit's Intellectual Property

All content on our website and in our products, including but not limited to text, graphics, logos, icons, images, audio clips, software code, AI models, algorithms, user interfaces, the Visylix platform, and the compilation thereof, is the exclusive property of Aptibit Technologies or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, and patent laws. The Aptibit and Visylix names, logos, and all related product and service names, design marks, and slogans are trademarks of Aptibit Technologies.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes. This license does not include the right to: reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from our website, except as incidental to normal web browsing (e.g., temporary copies in your browser cache).

5.3 Custom Development Work

For custom AI/ML development and software engineering projects, intellectual property ownership and licensing terms are defined in the specific Statement of Work (SOW) or Master Services Agreement (MSA) executed between Aptibit and the client. Unless otherwise agreed in writing, custom deliverables are owned by the client upon full payment, while Aptibit retains ownership of its pre-existing tools, frameworks, libraries, and methodologies.

5.4 Feedback and Suggestions

If you provide us with feedback, suggestions, ideas, or improvements regarding our products or services, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our products and services without any obligation or compensation to you.

6. User Content and Data

When you submit content through our website (such as contact form submissions, chat messages, or newsletter signups), you retain ownership of your content. By submitting content, you grant us a non-exclusive license to use, store, and process such content solely for the purpose of responding to your inquiries and providing our services.

You are solely responsible for the content you submit and represent that it does not violate any third-party rights or applicable laws. We reserve the right to remove any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

7. Payment Terms

The following payment terms apply to all paid services and product licenses unless otherwise specified in a separate written agreement:

• Pricing: All prices are quoted in the currency specified in the applicable proposal or agreement. Prices are exclusive of applicable taxes unless stated otherwise.
• Invoicing: Invoices are issued according to the payment schedule defined in the applicable service agreement. For Visylix licenses, billing follows the per-stream pricing model as detailed in the license agreement.
• Payment due: Unless otherwise agreed, payments are due within 30 days of invoice date.
• Late payments: Overdue amounts may accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower). We reserve the right to suspend services for accounts with payments overdue by more than 60 days.
• Refunds: Refund policies are specified in individual service agreements. For consulting and development services, refunds for completed milestones are generally not available.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the business relationship ("Confidential Information"). Confidential Information includes, but is not limited to:

• Business plans, strategies, and financial information
• Technical specifications, source code, algorithms, and AI models
• Customer lists, pricing information, and sales data
• Trade secrets and know-how
• Any information marked or designated as confidential

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party prior to disclosure
• Is independently developed by the receiving party without reference to the disclosing party's Confidential Information
• Is lawfully obtained from a third party without restriction on disclosure
• Is required to be disclosed by law, regulation, or court order (with prompt notice to the disclosing party where permitted)

9. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which forms an integral part of these Terms.

For client engagements that involve the processing of personal data on behalf of clients, we enter into separate Data Processing Agreements (DPAs) that comply with GDPR, India's DPDP Act, and other applicable data protection regulations. These DPAs define the roles, responsibilities, and security measures for data processing activities.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Our website, products, and services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
• We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
• We do not warrant that our website will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected.
• We do not guarantee specific results from the use of our services or products. AI and machine learning solutions involve inherent uncertainties, and performance may vary based on data quality, use cases, and environmental factors.
• Any content or information obtained through our website or services is at your own discretion and risk.

11. Limitation of Liability

To the fullest extent permitted by applicable law:

• Aptibit Technologies, its directors, officers, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to your use of, or inability to use, our website, products, or services.
• This includes, without limitation, damages for loss of profits, goodwill, data, business opportunities, or other intangible losses, even if we have been advised of the possibility of such damages.
• Our total aggregate liability for any claims arising from or relating to these Terms or your use of our website shall not exceed the greater of: (a) the amount you have paid to us in the 12 months preceding the claim, or (b) INR 10,000 (Indian Rupees Ten Thousand).

Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Aptibit Technologies, its directors, officers, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of our website or services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you submit through our website or services. This indemnification obligation survives the termination of these Terms and your use of our services.

13. Term and Termination

These Terms are effective from the date you first access our website or services and remain in effect until terminated.

• Termination by you: You may stop using our website and services at any time. For paid services, termination procedures are specified in the applicable service agreement.
• Termination by us: We may terminate or suspend your access to our website and services immediately, without prior notice, if you breach these Terms, engage in fraudulent or illegal activity, or if we are required to do so by law.
• Effect of termination: Upon termination, your right to use our website and services ceases immediately. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property, confidentiality, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution.

14. Third-Party Links and Services

Our website may contain links to third-party websites, applications, or services that are not owned or controlled by Aptibit Technologies. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that Aptibit Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.

15. Export Compliance

You acknowledge that our products and services, including the Visylix platform and AI models, may be subject to export control laws and regulations of India, the United States, and other countries. You agree not to export, re-export, or transfer our products or services, or any technical data received from us, in violation of any applicable export control laws or regulations. You represent that you are not located in, or a resident or national of, any country subject to comprehensive trade sanctions, and that you are not listed on any government list of prohibited or restricted parties.

16. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be resolved as follows:

• Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days from the date written notice of the dispute is provided.
• Mediation: If the dispute cannot be resolved through negotiation, the parties shall attempt mediation through a mutually agreed mediator before initiating any legal proceedings.
• Arbitration: If mediation fails, the dispute shall be finally settled by binding arbitration conducted in Kolkata, India, in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Jurisdiction: Subject to the arbitration clause above, the courts of Kolkata, West Bengal, India shall have exclusive jurisdiction over any proceedings arising out of or relating to these Terms.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Aptibit Technologies regarding the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Aptibit Technologies.
• Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms without restriction.
• Notices: All notices required or permitted under these Terms shall be in writing and shall be deemed given when sent by email to: info@aptibit.com (for notices to Aptibit) or to the email address you provided (for notices to you).
• Changes to Terms: We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last updated" date and, for significant changes, by posting a prominent notice on our website. Your continued use of our website or services after any changes constitutes acceptance of the revised Terms.
• Headings: Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

18. Contact Us

If you have any questions about these Terms of Service, please contact us: