Terms & Conditions

1. Introduction

These Terms & Conditions ("Terms") govern your access to and use of the services provided by Kibou Systems, having its registered office in India ("we", "our", "us"), including AI Agents as a Service, custom software solutions, and other related offerings (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

2. Scope of Services

We provide:

• AI Agents as a Service (customized AI solutions, deployment, integration, maintenance).
• Custom Software Development (design, build, and delivery of bespoke software).
• Consulting & Support Services related to technology and AI adoption.

Each service engagement is governed by a separate Service Agreement, Proposal, or Statement of Work (SOW), which takes precedence over these general Terms.

3. Compliance & Lawful Use

You agree to:

• Use the Services only in accordance with applicable laws, including The Information Technology Act, 2000 and rules thereunder, and, where applicable, the General Data Protection Regulation (GDPR).
• Not upload, share, or use the Services for any content or activity that is unlawful, defamatory, infringing, or harmful.
• Obtain all necessary rights, consents, and permissions for data provided to us.

4. Intellectual Property Rights

• Unless otherwise agreed in writing, all code, frameworks, models, algorithms, and tools developed remain our intellectual property.
• Clients are granted a non-exclusive, non-transferable license to use deliverables solely for agreed purposes.
• All pre-existing IP remains with the respective party.

5. Data Processing & AI Limitations

• Our AI services may process input data to generate outputs. While we use commercially reasonable measures to ensure quality, we do not guarantee accuracy, completeness, or legality of AI-generated content.
• You are responsible for verifying AI outputs before use in any critical or regulated application.
• We do not use your confidential data for training public models without explicit, written consent.

6. Payment Terms

• Payment schedules are outlined in the Service Agreement/SOW.
• Delayed payments may result in suspension of services and may incur late fees.

7. Confidentiality

Both parties agree to maintain confidentiality of all proprietary and sensitive information received during the engagement, as per Indian Contract Act and IT Act, 2000.

8. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages.
• Our total liability for any claim shall not exceed the amount paid by you for the Services in the 3 months preceding the claim.

9. Termination

• Either party may terminate the agreement in accordance with the termination clause of the Service Agreement.
• Termination does not affect accrued payment obligations or IP rights.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Aurangabad, Maharashtra, India.