Terms and Conditions
Effective from: 12-12-2025
Last Updated:
Company: Upturne Software and Services
Registered Under: MSME, India
Contact Email: hello@upturne.com
Welcome to Upturne. By accessing our website, submitting a project inquiry or engaging with our services, you agree to the following Terms and Conditions. If you do not agree, please do not use our website or services.
1. Introduction
Upturne Software and Services provides digital solutions which include product design, web development, mobile app development, SaaS and MVP development, automation systems, internal tools and AI driven features. These terms govern all use of our website and all projects undertaken through written agreements, proposals or accepted quotations.
2. Service Engagement
A project is considered active once the client accepts the proposal, agrees to the scope and makes the initial payment as specified. All deliverables, timelines and expectations will be outlined explicitly in the project proposal.
Upturne reserves the right to refuse a project if the scope is unclear, unrealistic or outside our areas of expertise.
3. Our MOAT: Speed, Reliability and Security
Upturne is known for delivering high quality digital products quickly while maintaining strong engineering standards and secure development practices. However, our speed of execution depends on the quality and completeness of inputs from the client. Deliveries may be impacted if the client delays necessary materials or instructions.
4. Client Responsibilities
To ensure smooth and timely delivery, clients must:
- Provide all required content, text, images, credentials and references before the project begins
- Give clear direction and constructive feedback within reasonable time
- Respond to queries and approvals without unnecessary delay
- Ensure that all provided materials are lawful and licensed for use
Delivery timelines start only after the client has submitted all essential materials and clarified all functional requirements.
Delays caused by the client will result in timeline extensions without penalty to Upturne.
5. Project Timelines
Project timelines are estimates based on the information available at the time of agreement. Timelines may adjust if:
- New features or changes are requested
- Third party software, APIs or hosting environments cause issues
- Client instructions are unclear or incomplete
- Dependencies outside Upturne’s control affect progress
Upturne will make reasonable efforts to meet agreed timelines but cannot guarantee deadlines if client cooperation is inconsistent or delayed.
6. Payment Terms
Payment terms vary depending on the nature and length of the project. Upturne may use a combination of:
- Upfront payments
- Milestone based payments
- Final delivery payments
The exact payment structure will be defined in the proposal or invoice.
Work will not begin until the initial payment is received. Delays in payment may pause or postpone the project.
7. Refund Policy
Upturne provides high quality services and most projects do not require refunds. However, refunds may be considered only under the following conditions:
- The client provides reasonable proof that the work delivered does not align with the agreed scope
- Upturne fails to complete the project within the agreed timeline and the client has fulfilled all responsibilities without causing delays
- Refund evaluations are handled on a case by case basis
Refunds, whether partial or full, are granted only at the sole discretion of Upturne.
Refunds are not applicable if:
- The client changes their mind after work has begun
- Delays were caused by client inaction or unclear inputs
- The client requests new features beyond the original scope
Third party service outages or integrations fail unexpectedly
8. Scope Changes and Additional Work
Any request that falls outside the agreed scope will be treated as new work. This includes:
- Additional pages, screens or modules
- New integrations or API connections
- Design changes after approval
- Additional revision rounds
- Additional automation flows or logic
Such changes require a new quotation and timeline extension.
9. Revisions
Revisions are limited to what is outlined in the proposal. Revision rounds must be requested within the project timeline. Upturne may charge additional fees if revisions exceed the agreed limits or if the client requests significant design or feature changes after approval.
10. Ownership and Intellectual Property
Once the client has paid all project fees, they receive ownership of the final delivered assets. This includes:
- Final designs
- Completed code
- Live deployment builds
- Documented deliverables
Upturne retains ownership of internal frameworks, starter kits, reusable component libraries, design systems and automation templates used to deliver the project quickly and efficiently. These are not transferred to the client.
Upturne may showcase completed work in portfolios unless the client requests confidentiality in writing.
11. Confidentiality
All information shared by the client, including documents, business logic, credentials and project details, will be treated as confidential. Upturne will not share such information with third parties unless required for project execution or legal compliance.
12. Use of Third Party Tools and Services
Upturne may integrate third party services, APIs, hosting providers and automation tools as needed for project delivery. Each third party service operates under its own terms and policies. Upturne is not responsible for downtime, data issues or failures caused by any external provider.
13. Limitation of Liability
Upturne is not liable for:
- Losses caused by third party services
- Issues due to improper use or modification of delivered work
- Business losses caused by incorrect or incomplete information supplied by the client
- Cyberattacks, server outages or unavoidable external events
- Delays attributable to client inaction
Upturne’s total liability for any claim is limited to the total amount paid by the client for the project in question.
14. Project Termination
A project may be terminated by Upturne if:
- The client becomes unresponsive for more than 10 business days
- Payments are not completed as per agreed terms
- The client requests work that violates legal or ethical guidelines
- The client repeatedly changes scope without approval
All completed work until termination will be billable.
15. Governing Law
These Terms and Conditions are governed by the laws of India. Any disputes will be handled under Indian jurisdiction.
16. Dispute Resolution
In case of disputes, both parties agree to first attempt resolution through written communication via email. If unresolved, the matter will move to arbitration in accordance with Indian law before any formal legal action is taken.
17. Changes to These Terms
Upturne may update these Terms and Conditions as needed. The updated version will be posted on this page with the revised date. Continued use of the website or services means acceptance of the updated terms.
Contact Information
For questions or concerns regarding these Terms and Conditions, contact us at:
hello@upturne.com