Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "User") and Data Minds Technologies ("Company", "we", or "us") governing your access to and use of our website at www.datamindstechnologies.com and all associated services, products, and platforms.

If you do not agree to these Terms, you must immediately cease using our website and services.

2. Our Services

Data Minds Technologies provides enterprise-grade technology and digital transformation services, including but not limited to:

• Web, mobile, and SaaS application development
• Cloud infrastructure, DevOps, and managed services
• Cybersecurity, networking, and IT infrastructure
• AI, Machine Learning, Data Analytics, and IoT solutions
• ERP, CRM, and enterprise software implementation
• Healthcare technology and clinical systems
• Digital marketing and growth engineering
• Staff augmentation and technology consulting

Specific deliverables, timelines, service levels, and pricing are governed by individual Statements of Work (SOW) or Master Service Agreements (MSA) executed between the parties.

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice, without liability to you.

3. User Accounts

Certain areas of our website or client portal may require you to register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and accept responsibility for all activities under your account.
• Notify us immediately at security@datamindstechnologies.com of any unauthorized use of your account.
• Not share your login credentials with any third party.

We reserve the right to suspend or terminate accounts that violate these Terms or that we believe pose a security risk.

4. Intellectual Property

4.1 Our IP

All content on this website — including text, graphics, logos, icons, images, audio, software, and underlying code — is the property of Data Minds Technologies or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

4.2 Client Deliverables

Upon full payment for a project, intellectual property rights for custom deliverables created specifically for the Client transfer to the Client as specified in the applicable SOW or MSA. Pre-existing frameworks, libraries, tools, and methodologies developed by Data Minds Technologies remain our proprietary property and are licensed (not sold) to the Client for use within the deliverable.

4.3 Open Source

Deliverables may incorporate open-source software components. Such components remain subject to their respective open-source licenses, which we will disclose upon request.

5. Client Obligations

To enable successful delivery of our services, you agree to:

• Provide timely access to necessary systems, environments, personnel, and documentation.
• Designate a single point of contact with authority to make project decisions.
• Review and provide feedback on deliverables within the timeframes specified in the SOW.
• Not use our services for any unlawful, fraudulent, or harmful purposes.
• Comply with all applicable laws and regulations in your use of our services and deliverables.
• Not attempt to gain unauthorized access to our systems, networks, or data.

6. Payment Terms

Unless otherwise specified in a signed SOW or MSA:

• Invoices are due within 30 days of the invoice date.
• Late payments incur interest at 1.5% per month (or the maximum permitted by law, whichever is lower).
• We reserve the right to suspend services for accounts overdue by more than 15 days after written notice.
• All fees are exclusive of applicable taxes (VAT, GST, sales tax), which are the Client's responsibility.
• Disputes regarding invoices must be raised in writing within 10 days of receipt.

7. Confidentiality

Both parties acknowledge that during the course of the engagement, each may have access to confidential information of the other party. Each party agrees to:

• Keep confidential all non-public, proprietary information received from the other party.
• Use confidential information solely for the purposes of performing obligations under the agreement.
• Restrict disclosure to employees and contractors with a need to know and who are bound by confidentiality obligations.
• Notify the other party promptly of any unauthorized disclosure.

Confidentiality obligations survive termination of the agreement for a period of 3 years, unless a separate NDA specifies a longer period.

8. Warranties & Disclaimers

8.1 Our Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards, and that we have the right to provide the services described.

8.2 Disclaimer of Warranties

Except as expressly stated above, this website and our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Data Minds Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business interruption, arising from or in connection with your use of our website or services.

Our total aggregate liability arising from or relating to any agreement or these Terms shall not exceed the greater of: (a) the total fees paid by you to us in the twelve (12) months preceding the claim, or (b) USD $1,000.

Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Data Minds Technologies and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of our services in violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Any data or content you provide to us in the course of our engagement.

11. Termination

Either party may terminate a service agreement for convenience with 30 days' written notice, unless the applicable SOW specifies otherwise. We may terminate or suspend your access immediately, without prior notice, if:

• You breach any provision of these Terms or a signed agreement.
• We are required to do so by law or regulatory authority.
• Continued provision poses a security risk to us or other clients.

Upon termination, your right to use our services ceases immediately. Provisions relating to intellectual property, payment, confidentiality, warranties, liability, and governing law shall survive termination.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict of law principles.

Any dispute arising from these Terms or your use of our services shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Columbus, Ohio, under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

For clients in the European Union or India, local mandatory consumer protection laws may apply in addition to or instead of the above.

13. Contact Us

For questions, notices, or legal inquiries related to these Terms, please contact us at: