Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by Vartyx (“Vartyx”, “we”, “our” or “us”). By using vartyx.com, requesting a proposal, or signing a Statement of Work (SOW) with us, you agree to be bound by these Terms.

If you’re entering into an engagement on behalf of a company, you represent that you have the authority to bind that company to these Terms.

Vartyx provides product engineering, AI development, fintech infrastructure, SaaS platforms, mobile and web applications, payment gateways, CRM/ERP systems, cloud infrastructure, UI/UX design, API development and automation services.

The exact scope, deliverables, milestones, fees and timelines of any engagement are defined in a separately-signed Statement of Work (SOW). In the event of any conflict between these Terms and an executed SOW, the SOW prevails.

To enable us to deliver on schedule, you agree to:

• Provide timely access to brand assets, design references, technical documentation, environments and stakeholders we need to make decisions.
• Designate a single decision-maker per workstream who can approve scope, design and acceptance.
• Review and respond to deliverables and demo recordings within the cadence agreed in the SOW (typically within 3 business days).
• Pay invoices in accordance with the payment schedule in your SOW.

Delays in any of the above may shift downstream milestones; we will communicate impact transparently when this happens.

Fees, payment schedules and currency are set in each SOW. Unless otherwise stated:

• Invoices are payable within 14 days of issue.
• Late payments accrue interest at 1.5% per month (or the maximum rate allowed by law, whichever is lower).
• Out-of-pocket expenses pre-approved in writing (cloud costs, third-party licenses, travel) are passed through at cost and itemized on invoices.
• Taxes (GST, VAT, withholding) are the responsibility of the client unless otherwise specified.

Upon full payment of all invoices for a given SOW, Vartyx assigns to the client all right, title and interest in the custom deliverables produced under that SOW (the “Deliverables”).

Vartyx retains ownership of all pre-existing tools, frameworks, design systems, internal libraries and know-how used to build the Deliverables (the “Background IP”), and grants the client a perpetual, royalty-free license to use Background IP solely as embedded in the Deliverables.

Open-source components remain subject to their respective licenses. We disclose the OSS bill of materials on request.

Each party agrees to protect the other’s confidential information with the same degree of care it uses for its own (and no less than reasonable care). Confidential information includes business plans, source code, customer lists, financial information and any information marked or reasonably understood to be confidential. Confidentiality obligations survive termination of the engagement for 5 years, and indefinitely for trade secrets.

Vartyx warrants that services will be performed in a professional and workmanlike manner consistent with industry standards by qualified personnel. Deliverables will materially conform to the specifications agreed in the SOW for 30 days after acceptance, during which we will remediate defects at no additional cost.

Except for the above, services and deliverables are provided “as is” and Vartyx disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special or punitive damages, lost profits, lost revenue, or loss of data. Each party’s aggregate liability under these Terms or any SOW will not exceed the total fees paid to Vartyx under the relevant SOW in the 12 months preceding the event giving rise to the claim. These limits do not apply to breaches of confidentiality, IP indemnity, or willful misconduct.

Either party may terminate an SOW for material breach if the breach is not cured within 30 days of written notice. Either party may also terminate for convenience with 30 days’ written notice, in which case the client pays for all work performed up to the termination date plus any non-cancellable third-party commitments.

Upon termination, Vartyx will hand over all completed Deliverables, work-in-progress code, design files, and documentation, and will reasonably cooperate with any successor team.

During an engagement and for 12 months after its conclusion, neither party will directly solicit for employment any individual who is materially involved in delivering the services, without the other’s prior written consent. General public job postings do not constitute solicitation.

Vartyx will defend, indemnify and hold harmless the client against any third-party claim that the Deliverables, as delivered by Vartyx, infringe a valid third-party intellectual property right, provided the client gives prompt notice and reasonable cooperation. Vartyx’s sole obligation is, at its option, to procure the right to continue use, replace the infringing portion, or refund the fees paid for the affected Deliverable.

These Terms are governed by the laws of India, without regard to conflict-of-law principles. Any dispute arising out of or in connection with these Terms or any SOW will be submitted to the exclusive jurisdiction of the courts of Jaipur, Rajasthan, India, unless the parties have separately agreed to arbitration in the relevant SOW.

• Email: info@vartyx.com
• WhatsApp / Phone: +91 92160 70161
• Address: Jaipur, Rajasthan, India