1. Acceptance of Terms

1.1 Agreement to Terms

By accessing our website at quantiqueminds.com, using our services, or engaging with us for consultancy work, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

1.2 Eligibility

To use our services, you must:

• Be at least 18 years old or the legal age of majority in your jurisdiction
• Have the authority to bind your organization (if acting on behalf of a company)
• Provide accurate and complete information
• Comply with all applicable laws and regulations

1.3 Modifications

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services constitutes acceptance of modified Terms.

2. Services Description

2.1 Consultancy Services

Quantique Minds provides the following professional services:

2.2 Products

We offer the following software products:

• Caring Touch: Healthcare ERP system for medical practitioners
• Optima Fusion: WhatsApp-native ERP for SMEs
• BuildWeave: Construction project management platform

2.3 Service Delivery

Services are delivered based on:

• Written statements of work (SOW) or service agreements
• Project timelines and milestones mutually agreed upon
• Professional industry standards and best practices
• Regular communication and progress updates

3. User Responsibilities

3.1 Client Obligations

As a client, you agree to:

• Provide Accurate Information: Supply truthful, complete, and current information
• Timely Cooperation: Respond to requests and provide necessary resources within agreed timeframes
• Access and Permissions: Grant necessary system access and permissions for service delivery
• Payment: Make payments according to agreed terms and schedules
• Feedback: Provide constructive feedback and approval on deliverables

3.2 Prohibited Uses

You may not use our services to:

• Violate any laws, regulations, or third-party rights
• Develop competing products or services
• Reverse engineer, decompile, or disassemble our proprietary solutions
• Interfere with or disrupt our services or systems
• Use our services for illegal, harmful, or unethical purposes
• Transmit malware, viruses, or malicious code

3.3 Data and Content

You are responsible for:

• The accuracy and legality of all data you provide
• Obtaining necessary rights and permissions for any content
• Backing up your data before any system modifications
• Complying with data protection laws applicable to your data

4. Payment Terms

4.1 Pricing and Invoicing

Payment terms are established in individual service agreements and typically include:

• Project-Based: Fixed fees for defined deliverables
• Time and Materials: Hourly rates for ongoing work
• Retainer: Monthly fees for ongoing consultancy
• Milestone-Based: Payments tied to project milestones

4.2 Payment Schedule

Unless otherwise specified:

• Invoices are sent monthly or upon milestone completion
• Payment is due within 30 days of invoice date
• Late payments may incur interest charges of 1.5% per month
• All fees are exclusive of applicable taxes

4.3 Refunds and Cancellations

5. Intellectual Property

5.1 Client Ownership

Upon full payment, you own:

• Custom code developed specifically for your project
• Designs, content, and materials created exclusively for you
• Data, insights, and documentation related to your business
• Any modifications to existing systems made for your use

5.2 Quantique Minds Ownership

We retain ownership of:

• Our proprietary methodologies, frameworks, and processes
• Pre-existing intellectual property and tools
• General knowledge and experience gained
• Our products (Caring Touch, Optima Fusion, BuildWeave)

5.3 Third-Party Components

Some solutions may incorporate third-party components subject to their respective licenses. We will clearly identify such components and ensure proper licensing.

5.4 Portfolio Rights

With your permission, we may:

• Include your project in our portfolio (with anonymization if requested)
• Use general project outcomes as case studies
• Reference our work relationship in marketing materials

6. Confidentiality

6.1 Mutual Confidentiality

Both parties agree to maintain strict confidentiality regarding:

• Proprietary business information
• Technical specifications and data
• Strategic plans and competitive information
• Financial information and pricing
• Customer lists and relationships

6.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of this agreement
• Was known prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

6.3 Duration

Confidentiality obligations survive termination of our relationship and continue for 5 years or until the information becomes publicly available.

7. Warranties and Disclaimers

7.1 Our Warranties

Quantique Minds warrants that:

• Services will be performed with professional skill and care
• We have the right and authority to provide the services
• Our work will comply with agreed specifications
• We will use industry-standard security practices

7.2 Disclaimer of Other Warranties

7.3 Performance Disclaimers

We do not guarantee:

• Specific business outcomes or financial results
• Compatibility with all third-party systems
• Uninterrupted or error-free operation
• That our services will meet all your requirements

8. Limitation of Liability

8.1 Liability Cap

Our total liability for any claims arising from our services shall not exceed the total amount paid by you for the specific service giving rise to the claim in the 12 months preceding the claim.

8.2 Excluded Damages

8.3 Exceptions

Limitations do not apply to:

• Gross negligence or willful misconduct
• Violations of confidentiality obligations
• Intellectual property infringement
• Claims that cannot be limited by law

9. Termination

9.1 Termination Rights

Either party may terminate services:

• For Convenience: With 30 days written notice
• For Cause: Immediately upon material breach that remains uncured for 15 days after written notice
• For Insolvency: If the other party becomes insolvent or files for bankruptcy

9.2 Effect of Termination

Upon termination:

• All outstanding invoices become immediately due
• We will deliver all completed work and materials
• Each party will return confidential information
• Licenses to our proprietary tools will terminate
• Survival clauses will remain in effect

9.3 Survival

The following provisions survive termination:

• Payment obligations
• Intellectual property rights
• Confidentiality obligations
• Limitation of liability
• Governing law and dispute resolution

10. Governing Law and Disputes

10.1 Governing Law

These Terms are governed by the laws of India, specifically the laws applicable in Karnataka state, without regard to conflict of law principles.

10.2 Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.

10.3 Dispute Resolution

We encourage resolving disputes through:

1. Direct Discussion: Good faith negotiations between the parties
2. Mediation: Non-binding mediation with a neutral third party
3. Arbitration: Binding arbitration under Indian Arbitration Act, 2015
4. Court Proceedings: As a last resort in Bengaluru courts

10.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

11. Additional Terms

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between the parties.

11.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

11.3 Force Majeure

Neither party is liable for delays caused by circumstances beyond reasonable control, including natural disasters, government actions, or global pandemics.

11.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights to affiliates or successors.

11.5 Contact Information