Terms & Conditions
Last updated: March 16, 2025
Please read these Terms & Conditions carefully before engaging YakshLabs for services or accessing our website. By proceeding, you agree to be bound by these terms.
1. Acceptance of Terms
By accessing yakshlabs.com or engaging YakshLabs for any professional service — including but not limited to software development, AI/ML integration, technical consulting, or product design — you ("Client") agree to these Terms & Conditions in full. If you are entering into this agreement on behalf of an organisation, you represent that you have authority to bind that organisation.
These Terms apply alongside any project-specific Statement of Work (SOW) or Master Services Agreement (MSA) executed between the parties. In the event of a conflict, the SOW or MSA shall take precedence.
2. Scope of Services
YakshLabs provides custom software engineering, mobile and web application development, AI/ML integration, API design, cloud architecture, and related technical consulting services. The specific deliverables, timelines, and acceptance criteria for each engagement are defined in the project SOW.
YakshLabs reserves the right to refuse any project that conflicts with our ethical or legal standards. We do not undertake projects intended to facilitate unlawful conduct, discrimination, or harm to any individual or group.
3. Intellectual Property
IP ownership is governed by your project SOW. The default position is set out below.
Client IP: Upon receipt of full payment, YakshLabs assigns to the Client all rights, title, and interest in the custom deliverables specifically created for that engagement ("Work Product"), including source code, designs, and documentation.
YakshLabs IP: YakshLabs retains ownership of all pre-existing intellectual property, proprietary frameworks, tooling, open-source components, and any general-purpose libraries or utilities developed independently ("Background IP"). YakshLabs grants the Client a perpetual, royalty-free licence to use Background IP incorporated into the Work Product.
Portfolio Rights: Unless otherwise agreed in writing, YakshLabs may reference the Client's name and the general nature of the engagement in its portfolio and marketing materials.
4. Payment Terms
Invoicing Structure
Project engagements are typically invoiced in milestones (e.g., 50% upfront, 50% on delivery). Retainer agreements are invoiced monthly in advance. Time & material engagements are invoiced bi-weekly.
Payment Due Dates
Invoices are payable within 14 calendar days of the invoice date, unless otherwise specified in the SOW.
Late Payments
Overdue invoices accrue interest at 1.5% per month (18% per annum) on the outstanding balance. YakshLabs reserves the right to suspend services for invoices more than 30 days overdue.
Currency & Taxes
All fees are quoted exclusive of applicable taxes (including GST in India or equivalent). Clients are responsible for withholding taxes applicable in their jurisdiction.
5. Confidentiality
Both parties agree to keep confidential all non-public information exchanged during the engagement, including technical specifications, business strategies, client data, and pricing. This obligation survives the termination of the engagement for a period of 3 years. Confidentiality does not apply to information that is (a) already publicly known, (b) independently developed by the receiving party, or (c) required to be disclosed by law.
Where a separate Non-Disclosure Agreement (NDA) is executed, it shall govern confidentiality obligations in full.
6. Warranties & Disclaimers
YakshLabs warrants that:
- Services will be performed with reasonable care and skill by qualified professionals.
- Deliverables will materially conform to the specifications agreed in the SOW.
- YakshLabs has the right to grant the licences and assignments described in Section 3.
Disclaimer: THE WEBSITE AND ANY FREE RESOURCES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. YAKSHLABS DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
To the maximum extent permitted by applicable law:
- YakshLabs' total aggregate liability for any claims arising from a specific engagement shall not exceed the total fees paid by the Client for that engagement in the 3 months preceding the claim.
- YakshLabs shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.
- These limitations apply regardless of the legal theory under which the claim is brought (contract, tort, statute, or otherwise).
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under the laws of India.
8. Indemnification
The Client agrees to indemnify, defend, and hold harmless YakshLabs and its officers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) Client-provided content or data that infringes third-party rights; (b) Client's breach of these Terms; or (c) Client's use of deliverables in a manner that violates applicable law.
9. Termination
Either party may terminate an engagement with 14 days' written notice. Upon termination:
- The Client shall pay for all work completed up to the termination date at the agreed rate.
- YakshLabs shall deliver all completed work product and relevant assets to the Client.
- Each party shall promptly return or destroy the other party's confidential information.
For breach of payment obligations, YakshLabs may terminate immediately upon written notice if an invoice remains unpaid for more than 30 days after its due date.
10. Governing Law & Disputes
These Terms are governed by the laws of India. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in India, unless the parties agree to resolve the matter through binding arbitration under the Arbitration and Conciliation Act, 1996.
For international clients, YakshLabs is open to agreeing on neutral arbitration via a mutually acceptable body (e.g., ICC, SIAC) where specified in the SOW.
11. Contact
For questions about these Terms, please contact us: