Legal

Terms of Service

Effective Date: March 2026 | Version: 1.0

1. INTRODUCTION AND ACCEPTANCE

These Terms and Conditions ("Agreement" or "Terms") govern the relationship between Brisk4Byte ("Company", "we", "us", "our"), a technology services agency, and any individual or entity ("Client", "you") that engages Brisk4Byte for the provision of technology services.

By signing a Statement of Work, Purchase Order, or any project agreement, or by making payment for any service, the Client agrees to be bound by these Terms in their entirety. These Terms, together with any applicable project agreement or Statement of Work ("SOW"), constitute the entire agreement between the parties.

If you do not agree to these Terms, you must not engage our Services.

2. DEFINITIONS

  • "Services" means any and all technology services provided by Brisk4Byte, including but not limited to: custom software development, web application development, mobile application development, workflow automation, artificial intelligence solutions, AI agent development, software maintenance and support, technology consulting, and system deployment.
  • "Statement of Work" or "SOW" means a written document agreed upon by both parties that describes the specific deliverables, scope, timeline, and pricing for a particular engagement.
  • "Deliverables" means the outputs, software, code, documentation, or other work products created by Brisk4Byte under an SOW.
  • "Confidential Information" means any non-public information disclosed by one party to the other, whether oral, written, or in any other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
  • "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and any other intellectual or industrial property rights, whether registered or unregistered.
  • "Third-Party Tools" means any software, APIs, libraries, frameworks, or platforms not developed by Brisk4Byte that are used in delivering Services.

3. SCOPE OF SERVICES

3.1 Brisk4Byte will provide the Services described in the applicable SOW or project agreement. Any services not explicitly described therein are outside the scope of the engagement and may be quoted separately.

3.2 The Client acknowledges that:

  • Estimates for time and cost are provided in good faith and may be subject to revision if the project scope changes;
  • Brisk4Byte may engage qualified sub-contractors to assist in delivery, subject to confidentiality obligations equivalent to those herein;
  • Timelines are estimates and not guarantees unless explicitly agreed as fixed deadlines in writing.

3.3 Change Requests: Any addition to or modification of the agreed scope must be submitted in writing. Brisk4Byte will review and respond with a revised estimate. Work on a change request will not commence until written approval from the Client is received.

3.X AI AND AUTOMATION SERVICES — SPECIAL TERMS

3.X.1 The Client acknowledges that certain Services involve the use of artificial intelligence, machine learning models, and automated workflows ("AI Components"). These may include large language models (LLMs), natural language processing, computer vision, predictive analytics, or rule-based automation systems.

3.X.2 AI Limitations: The Client expressly understands and accepts that:

  • AI-generated outputs are probabilistic in nature and may contain errors, inaccuracies, hallucinations, or unexpected results;
  • AI models may produce different outputs for identical or similar inputs on different occasions;
  • AI Components may reflect biases present in training data, which are outside Brisk4Byte's control;
  • No AI system can guarantee 100% accuracy, completeness, or correctness of its outputs.

3.X.3 Human Oversight Requirement: The Client agrees to implement appropriate human review and oversight processes before acting on any AI-generated output, particularly in decisions involving:

  • Financial transactions or commitments;
  • Medical, legal, or safety-critical determinations;
  • Hiring, performance evaluation, or employment decisions;
  • Communications sent on behalf of the Client's business.

3.X.4 Prohibited Uses: The Client shall not use any AI Component delivered by Brisk4Byte to:

  • Generate content that is illegal, defamatory, or harassing;
  • Impersonate individuals or entities without consent;
  • Engage in deceptive, manipulative, or fraudulent practices;
  • Circumvent or violate any third-party AI platform's terms of service;
  • Process sensitive personal data (including health, biometric, or financial data) without explicit user consent and appropriate legal basis under DPDPA 2023.

3.Y THIRD-PARTY AI MODEL DEPENDENCIES

3.Y.1 Certain AI Components may rely on third-party AI model providers including, but not limited to, OpenAI (ChatGPT/GPT-4), Anthropic (Claude), Google (Gemini), or open-source models ("Third-Party Models").

3.Y.2 Brisk4Byte does not own, operate, or control Third-Party Models. The availability, pricing, capabilities, and terms of Third-Party Models are subject to change without notice by their respective providers.

3.Y.3 The Client acknowledges that:

  • Brisk4Byte is not liable for service interruptions, capability changes, or policy changes made by Third-Party Model providers;
  • Data submitted to AI Components may be processed by Third-Party Model providers, subject to their respective privacy policies and terms;
  • The Client is responsible for ensuring that data submitted to AI Components complies with applicable data protection laws, including obtaining necessary consents from data subjects;
  • API costs for Third-Party Models are either included in the project cost (if stated in the SOW) or are the Client's responsibility.

3.Y.4 Brisk4Byte will inform the Client of material changes to Third-Party Model dependencies where reasonably practicable.

3.Z AUTOMATION AND WORKFLOW SERVICES

3.Z.1 Automation Services: Where Brisk4Byte delivers automated workflows, pipelines, or integrations ("Automation Systems"), the following terms apply.

3.Z.2 The Client is responsible for:

  • Providing accurate and up-to-date credentials, API keys, and access tokens required by the Automation System;
  • Monitoring the Automation System's outputs for unexpected behaviour;
  • Notifying Brisk4Byte promptly of any failures, errors, or unexpected outputs observed in production;
  • Ensuring that all third-party services integrated into the Automation System are properly licenced and their terms of service are complied with.

3.Z.3 The Client acknowledges that Automation Systems may be affected by:

  • Changes to third-party API schemas, rate limits, or authentication requirements (which are outside Brisk4Byte's control);
  • Changes to the Client's own systems or data structures that were not anticipated at the time of delivery;
  • Network failures, cloud infrastructure issues, or external service outages.

3.Z.4 Brisk4Byte will use reasonable efforts to maintain Automation Systems under any applicable maintenance agreement, but cannot guarantee uninterrupted operation in the event of third-party changes or force majeure events.

4. PAYMENT TERMS

4.1 Fees are as specified in the applicable SOW or invoice.

4.2 Unless otherwise agreed in writing:

  • Invoices are due within 15 calendar days of issuance;
  • Milestone-based payments must be made before the commencement of the subsequent milestone;
  • Final payment must be made before the delivery of source code, final deployment, or any handover documentation.

4.3 Late Payment: Payments not received within 15 days of the due date will attract a late fee of 2% per month on the outstanding balance, calculated from the due date until the date of actual payment.

4.4 Brisk4Byte reserves the right to suspend all Services if any invoice remains unpaid beyond 7 calendar days of the due date. Services will be resumed upon receipt of full outstanding payment.

4.5 All fees are exclusive of applicable taxes. Goods and Services Tax (GST) or any other applicable taxes will be charged additionally as per prevailing rates.

4.6 Payment Mode: UPI, NEFT/RTGS, or such other modes as mutually agreed.

5. INTELLECTUAL PROPERTY

5.1 Client-Owned IP: Upon receipt of full and final payment for an engagement, and subject to the restrictions below, Brisk4Byte assigns to the Client all rights, title, and interest in the Deliverables specifically created for that engagement.

5.2 Brisk4Byte-Retained IP: Brisk4Byte retains ownership of:

  • All pre-existing intellectual property, tools, frameworks, libraries, and methodologies developed independently by Brisk4Byte prior to the engagement ("Background IP");
  • Generic code patterns, boilerplate, and architectural patterns that are not unique to the Client's business;
  • Any internal tools, utilities, or SDKs used in delivery that are not part of the Deliverables.

5.3 Licence to Background IP: To the extent that Deliverables incorporate Brisk4Byte's Background IP, Brisk4Byte grants the Client a perpetual, non-exclusive, non-transferable licence to use such Background IP solely as part of the Deliverables.

5.4 Third-Party IP: Deliverables may incorporate open-source software or third-party tools. The Client is responsible for compliance with applicable open-source or third-party licences.

5.5 Client-Provided Materials: The Client retains all rights in any materials, data, content, or specifications provided to Brisk4Byte and grants Brisk4Byte a limited licence to use such materials solely for the purpose of delivering the Services.

5.6 Restrictions: The Client shall NOT:

  • Resell, sublicence, or redistribute the Deliverables as a standalone product without prior written consent from Brisk4Byte;
  • Remove any "Developed by Brisk4Byte" attribution from the application footer without prior written agreement.

6. CONFIDENTIALITY

6.1 Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to any third party without prior written consent, except as required by applicable law.

6.2 Obligations: Each receiving party shall:

  • Use Confidential Information solely for the purpose of this engagement;
  • Apply the same degree of care to protect Confidential Information as it applies to its own confidential information (no less than reasonable care);
  • Limit access to Confidential Information to those personnel who have a need to know for the purposes of the engagement.

6.3 Exclusions: Confidentiality obligations do not apply to information that is: (a) publicly available other than through a breach of this Agreement; (b) independently developed without reference to Confidential Information; or (c) required to be disclosed by law or court order.

6.4 Survival: Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years.

7. WARRANTIES AND REPRESENTATIONS

7.1 Brisk4Byte warrants that:

  • Services will be performed with reasonable skill and care;
  • Deliverables will substantially conform to the agreed specifications at the time of delivery;
  • Brisk4Byte has the right to enter into this Agreement and perform the Services.

7.2 The Client warrants that:

  • It has the authority to enter into this Agreement;
  • Any materials, content, or data provided by the Client do not infringe third-party intellectual property rights;
  • It will provide timely feedback, approvals, and access as reasonably required by Brisk4Byte to deliver the Services.

7.3 Exclusions: Except as expressly stated in this Agreement, Brisk4Byte provides no warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. LIMITATION OF LIABILITY

8.1 To the maximum extent permitted by applicable law, Brisk4Byte's total cumulative liability to the Client under or in connection with this Agreement shall not exceed the total fees paid by the Client to Brisk4Byte in the 3 calendar months immediately preceding the event giving rise to the claim.

8.2 In no event shall Brisk4Byte be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, data, goodwill, or business opportunities;
  • Loss or damage arising from third-party services, APIs, or platforms;
  • Business interruptions or system downtime caused by hosting providers, internet outages, or force majeure events;
  • Losses arising from misuse of Deliverables by the Client or its users.

8.3 Nothing in this Agreement excludes liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

8.X AI-SPECIFIC LIABILITY EXCLUSIONS

8.X.1 Without limiting the general liability exclusions in Section 8, Brisk4Byte shall not be liable for any loss, damage, or claim arising from:

  • Reliance on AI-generated outputs without appropriate human review or validation;
  • Outputs generated by Third-Party AI Models that are inaccurate, biased, hallucinated, or otherwise incorrect;
  • Decisions made autonomously by automation workflows without human oversight, where such oversight was recommended by Brisk4Byte;
  • Data processed by Third-Party AI providers in accordance with their own terms of service;
  • Changes to AI model behaviour, capabilities, or outputs resulting from Third-Party Model updates or policy changes;
  • Regulatory penalties or compliance failures arising from the Client's use of AI features in a manner inconsistent with applicable law, including DPDPA 2023 and any applicable AI-specific regulations.

8.X.2 The Client assumes full responsibility for ensuring that their use of AI-powered Deliverables complies with all applicable laws, including data protection, consumer protection, and sector-specific regulations in their industry.

9. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless Brisk4Byte, its proprietor, employees, and contractors from and against any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from:

  • The Client's use or misuse of the Deliverables;
  • Any content, data, or materials provided by the Client that infringe third-party rights;
  • The Client's breach of any term of this Agreement;
  • Any claims by the Client's end-users related to the Deliverables, where such claims do not arise from Brisk4Byte's gross negligence.

10. TERMINATION

10.1 By the Client: The Client may terminate this Agreement by providing 15 (fifteen) calendar days' written notice. Upon termination, the Client shall pay for all work completed and materials procured up to the termination date.

10.2 By Brisk4Byte: Brisk4Byte may terminate this Agreement by providing 30 (thirty) calendar days' written notice. Brisk4Byte will deliver all work completed to date and provide a handover document.

10.3 For Cause: Either party may terminate immediately upon written notice if the other party materially breaches this Agreement and fails to remedy the breach within 14 (fourteen) days of written notice of the breach.

10.4 Non-Payment: Brisk4Byte may terminate this Agreement with immediate effect if any payment remains overdue for more than 30 (thirty) calendar days.

10.5 Effect of Termination: Upon termination:

  • All outstanding amounts become immediately due and payable;
  • Each party shall return or destroy the other's Confidential Information;
  • The Client's rights to Deliverables shall be limited to work paid for in full as of the termination date;
  • Brisk4Byte shall provide the Client with access to all code, assets, and documentation for work completed and paid.

11. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, power outages, or internet infrastructure failures. The affected party shall notify the other party promptly and shall use reasonable efforts to mitigate the impact.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 This Agreement shall be governed by and construed in accordance with the laws of India.

12.2 Any dispute, claim, or controversy arising out of or relating to this Agreement shall first be attempted to be resolved through good faith mutual negotiation within 15 (fifteen) calendar days of written notice.

12.3 If unresolved through negotiation, disputes shall be subject to the exclusive jurisdiction of the courts located in [JURISDICTION_CITY], India.

13. GENERAL PROVISIONS

13.1 Entire Agreement: This Agreement, together with any applicable SOW, constitutes the entire agreement between the parties and supersedes all prior representations, negotiations, and understandings.

13.2 Amendments: No amendment to this Agreement shall be valid unless made in writing and signed (or accepted via email) by both parties.

13.3 Severability: If any provision is found to be unenforceable, the remaining provisions shall continue in full force.

13.4 Waiver: Failure to enforce any right shall not constitute a waiver of that right or any future right.

13.5 Notices: All formal notices must be in writing and delivered by email (with read receipt) or registered post to the addresses on record.

13.6 Assignment: The Client may not assign its rights or obligations under this Agreement without Brisk4Byte's prior written consent.

14. ACCEPTABLE USE POLICY

14.1 By using any AI agent, chatbot, or automation tool provided by Brisk4Byte, you agree NOT to:

  • Submit personal data of third parties without their consent;
  • Use the AI agent to generate spam, mass unsolicited communications, or automated content for deceptive purposes;
  • Attempt to "jailbreak", manipulate, or circumvent the safety guidelines built into AI models;
  • Use outputs for illegal purposes including but not limited to fraud, defamation, harassment, or intellectual property infringement;
  • Reverse-engineer, copy, or replicate the AI system's architecture, prompts, or logic;
  • Submit confidential information of third parties without proper authorisation;
  • Use the system in any way that violates the terms of service of underlying Third-Party Model providers.

14.2 Brisk4Byte reserves the right to suspend access to any AI tool or agent if misuse is detected, without prior notice.

14.3 The Client agrees to immediately report any security vulnerabilities, unintended outputs, or misuse incidents to brisk4byte@gmail.com.

15. CONTACT

For any questions regarding these Terms, please contact:

Email: brisk4byte@gmail.com

Address: [REGISTERED_ADDRESS]

Website: brisk4byte.com

© 2026 Brisk4Byte. All rights reserved.