Terms and Conditions
Intellact AI (operating as a partnership)
Email: hello@intellactai.com
Location: Gurgaon, Haryana, India
1. Agreement to Terms
By accessing our website and engaging our services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, please do not use our services.
2. Services
Intellact AI provides AI automation solutions including but not limited to:
- AI Voice and Chat Agents
- Social Media and Content Automation
- Workflow Automation
- AI Consultancy Services
We offer both one-time projects and ongoing retainer arrangements as agreed upon in the Service Agreement.
3. Service Agreement and Scope
All services will be provided according to the terms outlined in the Service Agreement (proposal) approved by both parties. The Service Agreement will include:
- Detailed scope of work
- Project timeline and milestones
- Deliverables
- Payment terms
- Required third-party tools and associated costs
- Client responsibilities and requirements
Work will commence as per the timeline specified in the approved Service Agreement.
4. Payment Terms
4.1 Payment Structure
- Deposit: 50% of the total project cost is required upfront before work begins
- Final Payment: Remaining 50% is due upon project completion and delivery
- Accepted Payment Methods: Stripe (cards, net banking), local bank transfer
4.2 Third-Party Costs
Clients are responsible for all third-party tool costs, subscriptions, and API fees required for the project. All such costs will be clearly outlined in the Service Agreement prior to project commencement.
4.3 Late Payments
While we do not impose late payment penalties, we reserve the right to pause work or withhold deliverables until outstanding payments are received.
5. Cancellation and Refund Policy
5.1 Cancellation by Client
Clients may request cancellation by providing written notice to hello@intellactai.com with a valid reason.
5.2 Refund Eligibility
Refunds of the advance payment (50%) will be issued only if:
- Intellact AI fails to meet the agreed timeline specified in the Service Agreement without valid cause
- Deliverables do not match the specifications outlined in the approved Service Agreement
- Any other breach of terms by Intellact AI as specified in the Service Agreement
No refunds will be issued if:
- Client cancels for reasons unrelated to our performance (e.g., change of mind, budget constraints, business decisions)
- Client fails to provide required information, access, or resources as outlined in the Service Agreement
- Cancellation occurs due to factors outside the scope of the Service Agreement
5.3 Mid-Project Cancellation
If a client cancels after work has commenced but before final delivery, only the 50% advance payment is forfeited. No additional charges will be applied.
6. Client Responsibilities
Clients agree to:
- Provide accurate and complete information for project requirements
- Grant necessary access to systems, tools, and platforms as specified in the Service Agreement
- Provide all requirements and materials within the timeline specified in the Service Agreement
- Respond to communications and requests for clarification in a timely manner
- Purchase and maintain all third-party tools and subscriptions outlined in the Service Agreement
Failure to meet these responsibilities may result in project delays, additional costs, or impact on project outcomes.
7. Intellectual Property and Ownership
7.1 Ownership Transfer
Upon receipt of full payment (100%), all intellectual property rights, including code, systems, and deliverables created specifically for the client, are transferred to the client.
7.2 Pre-existing Materials
Intellact AI retains ownership of any pre-existing intellectual property, frameworks, tools, or methodologies used in delivering the services.
7.3 Portfolio Rights
Intellact AI reserves the right to showcase completed projects in our portfolio and marketing materials unless otherwise agreed in writing.
8. Warranties and Disclaimers
8.1 Service Quality
We commit to delivering services with professional skill and care in accordance with industry standards.
8.2 No Guarantee of Results
While we provide expected results and outcomes in the Service Agreement, Intellact AI does not guarantee specific business results, ROI, revenue increases, or performance metrics. AI systems and automations depend on various factors including but not limited to:
- Quality and accuracy of client-provided data
- Third-party API availability and performance
- Proper implementation and maintenance by the client
- Market conditions and user behavior
8.3 Third-Party Services
We are not liable for changes, disruptions, or discontinuations of third-party services, APIs, or platforms (e.g., OpenAI, Google, Meta, etc.) that may affect the functionality of delivered solutions.
8.4 Client Use
Intellact AI is not responsible for how clients use, modify, or implement the delivered systems after project completion.
9. Limitation of Liability
To the maximum extent permitted by law:
9.1 Direct Damages
Intellact AI’s total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific project in question.
9.2 Indirect Damages
Intellact AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits or revenue
- Loss of data
- Business interruption
- Loss of business opportunities
- Reputational damage
9.3 Exclusions
Intellact AI is not liable for:
- Issues arising from inaccurate or incomplete information provided by the client
- Failures caused by third-party services, tools, or platforms
- Problems resulting from client modifications to delivered systems
- Legal compliance issues specific to the client’s industry or jurisdiction
- Ongoing operational costs (API usage, hosting, maintenance) after project delivery
- AI model changes or updates from third-party providers
- Results impacted by client’s failure to follow implementation guidelines
10. Confidentiality
Both parties agree to keep confidential any proprietary information shared during the course of the project. This obligation continues for 2 years after project completion.
11. Legal Compliance
11.1 Client Responsibility
Clients are solely responsible for ensuring their use of our services and delivered systems complies with all applicable laws and regulations in their jurisdiction, including but not limited to:
- Data protection and privacy laws (GDPR, CCPA, etc.)
- Industry-specific regulations
- Consumer protection laws
- Intellectual property laws
11.2 Indemnification
Clients agree to indemnify and hold harmless Intellact AI from any claims, damages, or expenses arising from their use of our services or delivered systems in violation of applicable laws.
12. Modifications to Terms
Intellact AI reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified terms.
13. Termination
Either party may terminate ongoing services with 30 days written notice. Upon termination:
- Client is responsible for payment of all work completed up to the termination date
- Intellact AI will provide all completed deliverables
- Both parties remain bound by confidentiality obligations
14. Dispute Resolution
14.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
14.2 Jurisdiction
Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts in Gurgaon, Haryana, India.
14.3 Informal Resolution
Both parties agree to attempt to resolve any disputes through good-faith negotiation before pursuing legal action.
15. General Provisions
15.1 Entire Agreement
These Terms and Conditions, together with the Service Agreement, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
15.2 Severability
If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15.3 Waiver
Failure to enforce any provision of these terms shall not constitute a waiver of that provision or any other provision.
15.4 Assignment
Clients may not assign or transfer their rights or obligations under these terms without our prior written consent.
16. Contact Information
For questions about these Terms and Conditions or our services, please contact us at:
Email: hello@intellactai.com
Website: https://intellactai.com
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
