Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website, services, software, products, platforms, and other technology solutions provided by Oktacon Softwares("Oktacon", "we", "us", or "our").

By accessing our website, requesting a quotation, engaging our services, entering into a project with us, purchasing a product or subscription, or otherwise using our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

Where a separate proposal, quotation, Statement of Work ("SOW"), service agreement, subscription agreement, purchase order, or other written agreement exists, that document may contain additional project-specific terms.

Oktacon Softwares is a technology and digital solutions company providing software development, digital transformation, AI, automation, cloud, design, marketing technology, and related services.

Our services may include, without limitation:

• Website and web application development
• Mobile application development
• Custom software and business applications
• AI and automation solutions
• Cloud and DevOps services
• E-commerce solutions
• Branding and UI/UX services
• SEO and digital marketing technology
• Software maintenance and technical support
• Digital transformation and technology consulting

Each project will be performed according to the scope agreed between Oktacon and the client.

Project scope may be defined through a quotation, proposal, Statement of Work, service agreement, project specification, purchase order, or written confirmation.

Unless expressly included in the agreed scope, the following may be considered additional work:

• New features requested after scope approval
• Major design changes
• Additional integrations
• Additional pages, modules, or applications
• Third-party software or subscription costs
• Infrastructure or hosting expenses
• Additional revisions beyond the agreed limit
• Changes caused by revised business requirements

Additional work may require additional fees and may affect the original project timeline.

The client agrees to provide all information, content, access, approvals, credentials, materials, and decisions reasonably necessary for Oktacon to perform the agreed services.

The client is responsible for:

• Providing accurate project requirements.
• Providing content, branding assets, images, documents, and data where required.
• Ensuring that supplied materials may legally be used by Oktacon.
• Providing access to relevant third-party accounts and services.
• Reviewing and approving project deliverables.
• Providing timely feedback and approvals.
• Maintaining the accuracy of business information supplied to Oktacon.

Delays caused by missing information, delayed approvals, unavailable access, or other client dependencies may affect project schedules and delivery dates.

Estimates, project schedules, completion dates, development durations, and delivery dates communicated by Oktacon are based on the requirements and assumptions known at the time.

Unless expressly identified in a written agreement as a guaranteed contractual deadline, delivery dates are estimates.

Timelines may be affected by changes in requirements, delayed approvals, payment delays, third-party services, infrastructure, API limitations, application-store reviews, security requirements, or other circumstances outside Oktacon"s reasonable control.

Pricing for services will be communicated through quotations, proposals, invoices, subscription plans, or other commercial documentation.

Unless otherwise agreed in writing:

• Payments are due according to the agreed payment schedule.
• Development work may begin or continue only after the applicable advance or milestone payment is received.
• Additional work outside the approved scope may be billed separately.
• Applicable taxes and government charges may be charged in addition to service fees.
• Third-party costs may be payable separately by the client.

Third-party costs may include hosting, domains, cloud services, APIs, SMS, WhatsApp services, payment gateways, software licenses, application-store fees, AI services, email services, and other external subscriptions.

Where invoices remain unpaid beyond the agreed payment terms, Oktacon may suspend work or access to relevant services, subject to the applicable agreement and law.

Intellectual property ownership will be determined by the applicable project agreement and the nature of the deliverable.

Subject to full payment and any specific written agreement, the client may receive ownership or the applicable license rights to custom deliverables created specifically for that client.

Unless expressly transferred in writing, Oktacon retains ownership of its pre-existing and reusable intellectual property, including:

• Frameworks and reusable code
• Generic software libraries
• Development utilities
• Templates and components
• Internal tools
• Development methodologies
• Generic algorithms and technical approaches
• Pre-existing designs and materials
• Oktacon proprietary products and platforms

Open-source software and third-party components remain subject to their applicable licenses.

The client retains ownership of its business information, trademarks, logos, documents, images, content, customer data, and other materials supplied to Oktacon, unless otherwise agreed.

The client grants Oktacon the necessary permission to use such materials for the purpose of delivering the contracted services.

The client represents that it has the necessary rights, licenses, permissions, and authorizations to provide such materials to Oktacon.

Each party may receive confidential business, technical, financial, operational, customer, or other proprietary information from the other party.

Each party agrees to use reasonable measures to protect confidential information and use it only for legitimate purposes connected with the business relationship.

Confidentiality obligations do not generally apply to information that was already publicly available, independently developed, lawfully known before disclosure, or required to be disclosed by applicable law.

Where the parties execute a separate Non-Disclosure Agreement ("NDA"), the NDA will govern confidentiality matters to the extent provided in that agreement.

Oktacon may provide or manage hosting, cloud infrastructure, deployments, domains, servers, databases, storage, monitoring, or related infrastructure where included in the applicable service.

Third-party infrastructure providers may change their pricing, availability, technical limitations, policies, or services.

Unless expressly included, hosting, domains, cloud resources, storage, email services, paid APIs, and infrastructure charges are separate from software-development fees.

Where appropriate, clients should maintain independent backups of critical business data, code, documents, and credentials.

Oktacon may integrate third-party products and services including cloud providers, payment gateways, AI services, analytics systems, communication platforms, APIs, hosting providers, application stores, and other external technologies.

Third-party services are subject to their own terms, pricing, availability, licenses, policies, and privacy practices.

Oktacon is not responsible for outages, policy changes, pricing changes, API changes, account suspensions, or failures caused by third-party providers, except to the extent expressly agreed in writing.

Some Oktacon services may use artificial intelligence, machine learning, automated content generation, analytics, or AI-powered features.

AI-generated outputs may contain inaccuracies, omissions, unexpected results, or information requiring human verification.

Clients are responsible for reviewing and approving AI-generated content before using it for important business, legal, financial, medical, employment, or other consequential decisions.

Unless expressly agreed otherwise, Oktacon does not guarantee that AI-generated output will be completely accurate, error-free, unique, or suitable for a specific purpose.

Oktacon may provide SEO, digital marketing, advertising technology, social media services, conversion optimization, analytics, and other growth-related services.

Marketing and SEO results depend on numerous external factors, including competition, search-engine algorithms, market conditions, customer behavior, advertising platforms, content, pricing, and website quality.

Unless expressly guaranteed in a written agreement, Oktacon does not guarantee specific rankings, leads, sales, revenue, conversions, customer numbers, advertising results, or return on investment.

Software-development fees do not automatically include unlimited maintenance or technical support after project delivery.

Maintenance and support services may be provided through an applicable support plan, AMC, subscription, or separate agreement.

Depending on the applicable plan, support may include:

• Bug fixes
• Security updates
• Performance monitoring
• Infrastructure support
• Backup management
• Minor technical changes
• General technical assistance

New features, major redesigns, new integrations, and material changes may be treated as separate development work.

Oktacon may offer proprietary software products and platforms, including BrandSync.

Product features, plans, pricing, integrations, limits, availability, and functionality may change from time to time.

BrandSync and other Oktacon products may integrate with third-party platforms such as communication services, review platforms, cloud services, AI providers, payment systems, and APIs.

Users are responsible for using these products in accordance with applicable law and the terms and policies of the connected third-party services.

Oktacon does not guarantee a specific number of reviews, customers, leads, rankings, sales, revenue, or other commercial results from the use of BrandSync or any other Oktacon product.

Where Oktacon provides review-management or reputation-management functionality, such functionality is intended to facilitate legitimate customer feedback and engagement.

Users must not use Oktacon services to:

• Create fake or fabricated reviews.
• Impersonate customers.
• Manipulate ratings dishonestly.
• Generate misleading customer feedback.
• Circumvent the rules of third-party review platforms.
• Engage in unlawful or deceptive customer communications.

The client remains responsible for compliance with the policies of Google and other third-party review platforms.

For mobile application projects, publication and approval by application marketplaces such as the Apple App Store or Google Play may be subject to independent review and third-party requirements.

Oktacon may assist with submission activities where such work is included in the agreed scope, but marketplace approval is not entirely controlled by Oktacon.

Changes to app-store policies, technical requirements, metadata, certificates, accounts, or review procedures may affect delivery or publication.

Oktacon may collect and process information necessary to operate its website, provide services, manage projects, process transactions, communicate with clients, and provide support.

The collection and processing of personal information is also governed by Oktacon"s Privacy Policy and applicable contractual arrangements.

Where Oktacon processes information on behalf of a client, the parties may establish additional contractual requirements concerning data access, security, retention, processing, and responsibilities.

Oktacon will use commercially reasonable measures appropriate to the nature of the services to help protect systems and information under its control.

However, no internet-connected system can be guaranteed to be completely secure.

Clients are responsible for maintaining appropriate security for their accounts, passwords, devices, credentials, and third-party services.

Oktacon will make commercially reasonable efforts to deliver software according to the agreed specifications.

A reproducible failure of the delivered software to perform materially according to the agreed specifications may be treated as a defect.

The following may be treated as additional work rather than bugs:

• New feature requests
• Changes to approved functionality
• Business requirement changes
• Unauthorized code modifications
• Third-party service failures
• Unsupported environments
• Issues caused by changes outside Oktacon"s control

Refund and cancellation rights depend on the service, project stage, subscription, quotation, invoice, or agreement applicable to the client.

Because software development may involve allocated resources, customized work, completed milestones, and third-party expenses, amounts relating to completed work or incurred third-party costs may not be refundable unless otherwise agreed or required by applicable law.

Any project-specific cancellation or refund terms communicated in writing will apply to that project.

Oktacon may suspend or terminate services or access where reasonably necessary due to:

• Material breach of these Terms
• Non-payment
• Fraudulent or unlawful activity
• Security threats
• Abuse or misuse of the service
• Unauthorized access attempts
• Violation of third-party platform requirements

Upon termination, the client remains responsible for fees properly accrued up to the termination date, subject to the applicable agreement.

To the maximum extent permitted by applicable law, Oktacon will not be liable for indirect, incidental, special, consequential, exemplary, or punitive losses, including loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data.

Unless a separate written agreement states otherwise and subject to applicable law, Oktacon"s aggregate liability arising from a particular service or project will be limited to the fees actually paid by the client for the applicable service giving rise to the claim.

Nothing in these Terms is intended to exclude or restrict liability that cannot lawfully be excluded or restricted.

To the extent permitted by applicable law, the client agrees to indemnify and hold harmless Oktacon and its owners, employees, contractors, and representatives from claims, losses, liabilities, costs, and expenses arising from:

• Client-provided content or materials that infringe third-party rights.
• Unlawful use of Oktacon services.
• Violation of applicable laws.
• Violation of third-party rights.
• Misuse of Oktacon software or products.

Oktacon will not be responsible for delays or failures caused by circumstances outside its reasonable control, including natural disasters, war, government action, major infrastructure failures, internet outages, power failures, strikes, cyber incidents, third-party service failures, regulatory changes, or similar events.

Oktacon will use reasonable efforts to mitigate the effects of such events where practical.

Unless otherwise agreed in writing, Oktacon may identify completed client projects in its portfolio and may display publicly available project information, screenshots, logos, or links for marketing and demonstration purposes.

Confidential projects and projects subject to contractual restrictions will not be publicly disclosed where such disclosure is prohibited.

Oktacon may update, modify, improve, replace, or discontinue website content, service features, products, or functionality from time to time.

Oktacon may also update these Terms by publishing a revised version on its website and updating the "Last Updated" date.

For existing projects, the applicable signed agreement or other binding project documentation will continue to govern where required.

These Terms are intended to be governed by the laws applicable in India, subject to applicable mandatory legal requirements.

The parties should first attempt to resolve disputes through good-faith discussions.

For a final production version of these Terms, Oktacon should specify its actual agreed jurisdiction in the applicable project agreement or legal review, for example:

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the extent permitted by applicable law.

A failure by Oktacon to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future.

These Terms, together with any quotation, proposal, Statement of Work, service agreement, subscription agreement, NDA, invoice, or other written project documentation, form the applicable agreement between Oktacon and the client to the extent legally applicable.

Where a specific written agreement conflicts with these Terms, the specific agreement will generally control for that project to the extent of the conflict.

For questions regarding these Terms and Conditions, please contact Oktacon Softwares through the official contact channels below.