Terms and Conditions
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Terms and Conditions
Terms and Conditions
Gametarian Ltd Terms and Conditions
These Master Terms and Conditions (“Terms”) constitute a legally binding agreement between Gametarian (“Company,” “we,” “us,” or “our”) and the Client (“you,” “your”). By accepting a Proposal, Statement of Work (SOW), or making a payment, you agree to be bound by these Terms.
1. Services & "Mechanical Integrity" Warranty
Gametarian provides industrial-grade software engineering, AI integration, and digital architectural services.
- Engineering Standards: We deliver Services consistent with high-duty engineering standards.
- Structural Warranty: We provide a 90-day Structural Warranty on custom code starting from the date of deployment to remediate any critical "Mechanical Friction" (bugs) that deviate from the agreed-upon SOW.
2. Refund & Cancellation Policy (The "In-Progress" Threshold)
Our engineering process begins with deep architectural commitment. This policy defines the "Point of No Return" to protect the intellectual labor deployed.
- Full Refund Eligibility: A full refund is available only if a cancellation request is received in writing before any billable work, resource reservation, or project kickoff has occurred.
- The In-Progress Threshold: Once the project enters the Active Engineering Phase, it is considered "In-Progress." No refunds shall be issued once any of the following milestones have been initiated:
- UI/UX Design & Wireframing: Creation of user flows, wireframes, or prototypes.
- Architectural Blueprinting: Development of database schemas or system maps.
- Environment Setup: Provisioning of cloud infrastructure or repository initialization.
- Rationale: Design and wireframing are not "preliminary" steps; they are the actual engineering of the product’s logic and foundation.
3. Intellectual Property (IP) & Data Ownership
- Client IP: You retain 100% ownership of all proprietary data and logic provided to us.
- Deliverables: Upon full and final payment, ownership of custom application code is assigned to the Client.
- Gametarian Frameworks: We retain ownership of our pre-existing "Foundational Engines" and libraries. You are granted a perpetual, non-exclusive license to use these within the scope of the delivered project.
4. Agentic AI & Autonomous Systems
- Non-Training Clause: We will not use your proprietary data to train our global models or third-party AI systems without explicit written consent.
- AI Act Compliance: As per 2026 standards (including the EU AI Act and India’s IT Rules), all AI-generated synthetic media will include embedded metadata to ensure digital provenance.
- Human Oversight: For high-duty sectors (Aviation, FinTech, Healthcare), the Client is responsible for maintaining human-in-the-loop oversight over AI-generated outputs.
5. Data Privacy (DPDPA & GDPR)
Both parties shall comply with the Digital Personal Data Protection Act (DPDPA) 2023 (India) and GDPR (EU).
- Data Processor: Gametarian acts as a Data Processor. We implement Zero-Trust security baselines to protect all processed information.
- Data Breach: We will notify the Client of any confirmed data breach within 24 hours.
6. Limitation of Liability
To ensure a resilient partnership, liability is capped as follows:
- Total Cap: Our maximum liability for any claim is limited to the fees paid by you in the 12 months preceding the claim.
- Exclusions: We are not liable for indirect, consequential, or "loss of profit" damages, or for failures caused by third-party cloud providers (AWS, Azure, GCP).
7. Termination & Decommissioning
- Termination: Either party may terminate the agreement with 30 days written notice.
- Secure Decommissioning: Upon termination, Gametarian will provide a secure data export and perform a "Secure Decommissioning" (wiping) of Client data from our development environments.
8. Governing Law & Dispute Resolution
- Jurisdiction: These Terms are governed by the laws of the Republic of India.
- Arbitration: Any disputes shall be settled by binding arbitration in India under the Arbitration and Conciliation Act.
Acceptance of a Gametarian Proposal constitutes acceptance of these Terms. No modification of these Terms is valid unless signed in writing by both parties.