Terms and Conditions

1. Introduction

Welcome to ESP Softtech Pvt. Ltd. (“ESP”, “Company”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern the access and use of our websites, software, applications, and related services (“Services”). By accessing our Site or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any other legal notices or agreements applicable to you. If you do not agree, please refrain from using our services.

2. Scope of Services

• Blockchain development (public/private networks, smart contracts)
• Web3 and DApp development
• Custom software solutions
• ICO launch platforms and integrations
• AI and ML solutions
• Mobile/web application development
• UI/UX services and consulting

All services are subject to the scope agreed upon in individual contracts or statements of work (SOW).

3. Legal Compliance and Regulatory Framework

3.1 General Data Protection Regulation (GDPR) (EU)

• Data Minimization: Only necessary data is collected.
• Purpose Limitation: Data is used only for specific, legitimate purposes.
• Access & Portability: Users may access, download, or delete their data.
• Right to be Forgotten: EU citizens may request data deletion at any time.
• DPO Contact: [Insert DPO contact email if applicable]

3.2 California Consumer Privacy Act (CCPA)

• Know what personal data is collected and how it’s used
• Request deletion of their personal data
• Opt-out of data sharing/selling (we do not sell data)
• Access a copy of their personal information collected over the past 12 months
• Requests under CCPA can be made via email: [Insert Privacy Contact Email]

3.3 Health Insurance Portability and Accountability Act (HIPAA)

• Sign a Business Associate Agreement (BAA) when required
• Ensure HIPAA-compliant data storage, transmission, and access control
• Apply strong encryption and audit logging where PHI is involved
• Train relevant staff in HIPAA best practices

Note: ESP does not directly collect PHI unless explicitly agreed upon with a covered entity.

4. User Responsibilities

• Not to use our services for unlawful activities
• Not to attempt to gain unauthorized access to any system or network
• Not to copy, modify, or distribute content without consent
• To maintain confidentiality of your account credentials

5. Confidentiality & NDA

All exchanged information will be treated as confidential and protected under NDA agreements.

6. Intellectual Property Rights

• ESP owns all code, documentation, and designs unless otherwise agreed
• Clients own their proprietary data and trademarks
• Resale or reuse of ESP’s codebase without license is prohibited

7. Data Security

• SSL encryption
• Two-factor authentication for internal tools
• Role-based access control
• End-to-end encryption (if required)
• Vulnerability scanning and penetration testing

8. Payment Terms

• Projects quoted in INR/USD, milestone-based
• Late payments incur 1.5% monthly fee
• Work may pause or terminate for non-payment

9. Service Level Agreements (SLAs)

• 99.9% uptime commitments for hosted solutions
• Bug response and resolution SLAs
• Custom performance KPIs as per contract

10. Warranties and Disclaimers

Services are provided "as is". ESP is not liable for service interruptions or client-side failures.

11. Limitation of Liability

• No liability for indirect or consequential damages
• Maximum liability limited to 3 months of paid service

12. Indemnity

• Client responsible for any violation of laws, contracts, or third-party rights

13. Termination

• Immediate termination for illegal activity or breach of terms
• Clients may terminate with 30 days' written notice

14. Third-Party Services

ESP is not liable for third-party service issues. Interaction at user’s own risk.

15. Governing Law and Jurisdiction

Governing law: India. Jurisdiction: [Insert City, e.g., Indore].

16. Contact and Data Requests

ESP Softtech Pvt. Ltd.
[Insert Address]
Email: info@espsofttech.com
Website: https://espsofttech.com