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The TISA · Legal

Terms and Conditions

The agreement that governs how we work together — services, payment, ownership, support, and everything in between.

Effective January 2025Updated August 04, 202621 sectionsinfo@thetisa.com
01

Introduction

Who these terms bind and what accepting them means.

Welcome to The TISA — your software development partner.

These Terms and Conditions (hereinafter referred to as "Terms", "Agreement", or "ToS") form a legally binding agreement between you (the "Client", "User", "Customer", or "You") and The TISA (referred to as "Company", "We", "Us", or "Our").

By accessing, browsing, or using our website (https://thetisa.com), engaging our services, or entering into any agreement with us, you unconditionally accept and agree to be bound by these Terms and Conditions.

If you do not agree to these terms, please do not use our services.

02

1. Service Description & Scope

What we build, and how the scope of each engagement is defined.

1.1 Services Offered

The TISA provides AI-powered software development services, including but not limited to:

Primary Services:

Custom software development
AI/ML model development and integration
Web application development (frontend & backend)
Mobile application development (iOS, Android)
Cloud infrastructure setup and management
API development and integration
Database design and optimization
Software testing and quality assurance
Technical consulting and architecture design
DevOps and CI/CD pipeline implementation
Maintenance and support services

Additional Services:

Code review and refactoring
Security audits and penetration testing
Performance optimization
Documentation and knowledge transfer
Training and staff augmentation

1.2 Service Scope Definition

Important: The scope of services is defined in:

Project Proposal - Detailed service description
Statement of Work (SOW) - Specific deliverables
Project Specification Document - Technical requirements
Service Agreement - Terms specific to your engagement

These documents, together with these Terms and Conditions, constitute the complete agreement.

1.3 Excluded Services

We do NOT provide:

Illegal services or unlawful use
Services for disabled individuals without accessibility considerations
Services related to spam, malware, or unauthorized access
Services that violate intellectual property rights
Services for weaponry, surveillance without consent, or harmful purposes
Services that violate applicable laws or regulations
03

2. Engagement & Agreement

How engagements start and what the written agreement covers.

2.1 How Services Engagement Works

Standard Process:

1

Initial Consultation (Free)

  • Discuss your project requirements
  • Understand your business goals
  • Identify technical specifications
  • Estimate scope and timeline
2

Project Proposal

  • Detailed service breakdown
  • Estimated cost and timeline
  • Resource allocation
  • Terms and conditions review
3

Agreement Signature

  • You accept proposal
  • Service Agreement signed
  • Project officially begins
  • Deposit/payment collected
4

Project Execution

  • Regular status updates
  • Milestone-based delivery
  • Quality assurance testing
  • Client feedback incorporation
5

Project Completion & Support

  • Final delivery and handoff
  • Warranty period begins
  • Post-launch support available
  • Ongoing maintenance options

2.2 Project Agreement Documents

Your project is governed by (in order of precedence):

1

Service Agreement (highest priority)

  • Client-specific terms
  • Project-specific conditions
  • Custom payment terms
2

Statement of Work (SOW)

  • Deliverables
  • Milestones
  • Acceptance criteria
  • Timeline
3

These Terms and Conditions (general terms)

  • Standard terms for all services
  • Dispute resolution
  • Liability limitations

Conflict Resolution: If there's conflict between documents, Service Agreement takes precedence.

2.3 Contract Formation

A binding contract exists when:

You accept our proposal in writing (email, signed document, etc.)
You make a payment (deposit or full)
You begin work on the project
You receive an invoice and don't object within 24 hours

No verbal agreements override these written terms.

04

3. Payment Terms & Billing

How billing, invoices, deposits, and late payments work.

3.1 Pricing & Payment Methods

A. Pricing Models

We offer flexible engagement models:

Model

Fixed Price

Description

One-time cost for defined scope

Use Case

Clear, defined projects

Payment

Upfront or milestone-based

Model

Time & Materials

Description

Hourly/daily rates for flexible scope

Use Case

Evolving requirements

Payment

Monthly invoicing

Model

Retainer

Description

Monthly commitment for ongoing support

Use Case

Long-term partnership

Payment

Monthly recurring

Model

Hybrid

Description

Fixed + variable costs

Use Case

Projects with some variables

Payment

Custom structure

B. Hourly Rates

Standard Developer Rates:

Junior Developer

₹500-1,000/hour

(USD $6-12)

Mid-Level Developer

₹1,000-2,000/hour

(USD $12-24)

Senior Developer

₹2,000-4,000/hour

(USD $24-50)

Technical Lead

₹4,000-6,000/hour

(USD $50-75)

AI/ML Specialist

₹3,000-6,000/hour

(USD $36-75)

Note: Rates vary by project complexity, location, and market conditions.

C. Payment Methods

We accept:

Credit/Debit Cards (Visa, Mastercard, American Express)
Bank Transfer (International & Domestic)
Digital Wallets (PayPal, Apple Pay, Google Pay)
Wire Transfer
Cryptocurrency (upon request - Bitcoin, Ethereum)

Payment Processing: Handled securely by Stripe, PayPal, or 2Checkout. We do NOT store card details.

3.2 Deposit & Advance Payment

Deposit Requirements:

Project Budget

< ₹100,000 ($1,200)

Deposit Required

100% upfront

Timeline

Before project starts

Project Budget

₹100,000 - ₹500,000 ($1,200-6,000)

Deposit Required

50% upfront

Timeline

Before project starts

Project Budget

> ₹500,000 ($6,000+)

Deposit Required

30% upfront

Timeline

Before project starts

Deposits are:

Non-refundable (credited toward final invoice)
Applied to first milestone
Held in escrow (if agreed)

3.3 Invoicing & Payment Terms

Standard Terms:

Invoice Issued: Upon milestone completion or monthly (retainer)
Payment Due: Within 30 days of invoice date
Late Payment: 1.5% interest charged monthly (or max allowed by law)
Currency: USD, EUR, or INR (as specified in proposal)

Example Timeline (Fixed Price Project):

Total Project Cost: ₹500,000 ($6,000)

Deposit (30%): ₹150,000 - Due before project start

Milestone 1 (30%): ₹150,000 - Due upon completion

Milestone 2 (30%): ₹150,000 - Due upon completion

Final Payment (10%):₹50,000 - Due upon project completion

Total: ₹500,000

3.4 Refund Policy

Refunds are NOT available for

Services already rendered
Developer time allocated to your project
Infrastructure costs incurred
Deposits (credited toward services)
Custom development work started

Refunds ARE available if

We fail to deliver services (full refund of unrendered services)
You cancel within 48 hours of deposit
Project is cancelled by mutual agreement

Refund Process

1Submit refund request in writing
2We evaluate the request (3-5 business days)
3Decision communicated via email
4If approved, refund within 10-15 business days

3.5 Overage & Additional Costs

Scope changes may incur additional fees:

Change Orders: Documented in writing with cost impact
Scope Creep: Work outside original SOW charged at applicable rates
Infrastructure Costs: Hosting, databases, APIs charged at cost + 10% administration fee
Third-Party Tools: Licensed software passed through at actual cost
Rush Delivery: 25% rush fee for accelerated timeline

We will notify you BEFORE incurring additional costs >₹50,000 ($600).

3.6 Taxes & Compliance

You are responsible for:

Paying applicable taxes (GST, VAT, Sales Tax, etc.)
Providing tax ID/VAT number
Paying any duties on international deliverables

We will:

Add applicable taxes to invoices (where required)
Provide tax invoices (if requested)
Maintain tax compliance documentation
05

4. Intellectual Property Rights

Who owns what we create, and what intellectual property stays ours.

4.1 Ownership of Deliverables

Important: Intellectual Property ownership depends on payment status.

A. Upon Full Payment (Most Common)

You Own

  • Custom source code created
  • Software architecture and design
  • Databases and data structures
  • Documentation and specifications
  • All rights to modify, distribute, sell

You DO NOT Own

  • Pre-existing tools or frameworks we developed
  • Third-party libraries or open-source code (subject to their licenses)
  • Our methodologies or processes
  • Our general know-how and experience

We Retain

  • Right to use learnings for future projects
  • Right to use your project as case study (with permission)
  • License to our own development tools

B. Upon Partial Payment (Outstanding Balance)

We Own

  • All deliverables until payment received
  • Source code and architecture
  • Right to withhold delivery

You Have

  • No ownership rights
  • No access to code
  • No distribution rights

Transfer of Ownership: Occurs immediately upon full payment.

4.2 Pre-Existing Intellectual Property

Materials We Provide That Are Pre-Existing:

Material

Frameworks/Libraries

Ownership

Third-party/Open-source

License

Per license

Your Rights

Use per license terms

Material

Design templates

Ownership

Ours

License

Limited license

Your Rights

Use in project only

Material

Documentation templates

Ownership

Ours

License

Limited license

Your Rights

Modify for your use

Material

Development tools

Ownership

Ours/Third-party

License

Per license

Your Rights

Use for project delivery

You must:

Comply with third-party license terms
Include required copyright notices
Not sublicense without permission

4.3 Your Content & Intellectual Property

Materials You Provide:

Your brand, logos, content
Your business documents
Your designs or requirements
Your data and information

Important:

You own all your pre-existing content
You grant us license to use for development
You're responsible for accuracy and permissions
You warrant you have rights to provide it

Confidentiality: We will keep your materials confidential (see Section 8).

4.4 Modifications After Delivery

After project completion:

You can

  • You can modify the software
  • You can hire others to modify it
  • You can create derivative works
  • You can distribute (if license permits)

You cannot

  • Remove our branding/credit without permission
  • Claim we stole code (it's your code)
  • Hold us liable for your modifications
  • Violate third-party license terms

4.5 Open Source Compliance

If Project Includes Open Source Code:

We disclose all open-source components
We provide license compliance documentation
You must comply with license terms (GPL, MIT, Apache, etc.)
You're responsible for license compliance in distribution

GPL Notice: If GPL-licensed code included, your modifications may require disclosure.

06

5. Warranty & Support

What we warrant, what support covers, and what we do not guarantee.

5.1 Limited Warranty

What We Guarantee:

The Software Will:

Substantially conform to specifications in SOW
Be free from viruses and malware (at delivery)
Be functional for stated purpose
Include documented known issues (if any)

Warranty Period: 30 days from delivery (or as specified in SOW)

What Warranty Does NOT Cover:

Third-party software failures
Infrastructure/hosting problems
User error or misuse
Modifications not made by us
Changes in third-party dependencies
Performance under excessive load
Data loss from user actions

5.2 Warranty Limitations

DISCLAIMER OF IMPLIED WARRANTIES:

THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM:

Merchantability
Fitness for a particular purpose
Non-infringement
Title or quiet enjoyment

5.3 Warranty Claims

How to Report Issues:

1

Report Within 30 Days

Email support@thetisa.com with:

  • Description of issue
  • Steps to reproduce
  • Error messages (screenshots)
  • Environment details
2

We'll Investigate

Respond within 2-5 business days

3

Fix or Workaround

We'll either fix the bug or provide workaround

4

Verification

You verify the fix

If claim is valid: We fix at no charge during warranty period

If claim is outside warranty: Support billing applied (current rates)

5.4 Support & Maintenance Services

A. Included Support

30-Day Warranty Includes:

Included

  • Bug fixes for defects
  • Critical security patches
  • Email support (business hours)
  • Deployment assistance
  • Documentation review

Not Included

  • Feature enhancements
  • Performance optimization
  • Data migration
  • Infrastructure management
  • 24/7 emergency support

B. Optional Support Plans

After Warranty Period, Choose:

Plan

Email Support

Cost

₹25,000/month ($300)

Features

Bug fixes, security patches, 48-hour response

Plan

Priority Support

Cost

₹50,000/month ($600)

Features

+ 24-hour response, phone support

Plan

Full Maintenance

Cost

₹100,000+/month ($1,200+)

Features

+ Infrastructure, monitoring, optimization

Plan

24/7 Emergency

Cost

₹200,000+/month ($2,400+)

Features

Round-the-clock support, dedicated resource

Or hire our team: Staff augmentation at standard rates

C. Support Response Times (SLAs)

Issue Severity

Critical (complete outage)

Response Time

2 hours

Resolution Target

8 hours

Issue Severity

High (major feature broken)

Response Time

4 hours

Resolution Target

24 hours

Issue Severity

Medium (minor issues)

Response Time

8 hours

Resolution Target

48 hours

Issue Severity

Low (cosmetic/enhancement)

Response Time

24 hours

Resolution Target

7 days

07

6. Client Responsibilities & Obligations

What you must provide, decide, and avoid during the project.

6.1 Your Responsibilities

You Must:

1

Provide Clear Requirements

  • Detailed specifications
  • Use case scenarios
  • Business requirements
  • Performance expectations
2

Provide Resources

  • Project manager/single point of contact
  • Subject matter experts (for clarification)
  • Access to existing systems/APIs
  • Test data and environments
3

Make Timely Decisions

  • Review deliverables promptly
  • Approve milestones within 5 business days
  • Provide feedback quickly
  • Resolve scope ambiguities
4

Provide Accurate Information

  • True business requirements
  • Accurate data samples
  • Current system documentation
  • Correct contact information
5

Maintain Confidentiality

  • Don't share our proprietary methods
  • Don't disclose before public announcement
  • See Section 8 for full terms

6.2 Your Restrictions

You Cannot:

1

Reverse Engineer

  • Decompile or disassemble code
  • Attempt to extract algorithms
  • Bypass security measures
2

Resell Without Permission

  • Rebrand as your own
  • Sell to third parties
  • Use for competing service
3

Use for Illegal Purpose

  • Hacking or unauthorized access
  • Spam or phishing
  • Fraud or harassment
  • Weapons or surveillance
4

Violate Laws

  • Export controlled software (if applicable)
  • Violate sanctions or trade restrictions
  • Infringe intellectual property
  • Violate data protection laws

6.3 Access & Credentials

You Will Provide:

System access (servers, APIs, databases)
Credentials and API keys
Hosting/cloud account access
Email domains and DNS access

Important:

We'll use credentials only for project work
We'll follow access control best practices
We'll document all access
We'll revoke access upon project completion
08

7. Deliverables, Testing & Acceptance

How deliverables are tested, accepted, and handed over.

7.1 Deliverables

What You'll Receive:

Typically Includes:

Source code (in agreed repository)
Compiled/built application
User documentation
Technical documentation
Database schemas
API documentation
Deployment guide
Test results and coverage

Delivery Method:

GitHub/GitLab repository
Download link
Cloud deployment (AWS, Azure, etc.)
Physical media (if requested)

Access:

24-hour access to deliverables after acceptance
Permanent rights to owned code
Backup copies retained for support period

7.2 Acceptance Criteria

Acceptance is Based On:

1

Functional Criteria

  • All features specified in SOW working
  • User workflows functioning as described
  • API endpoints returning expected responses
  • Database operations correct
2

Quality Criteria

  • Code follows agreed standards
  • No critical/high-priority bugs
  • Security best practices implemented
  • Performance within specifications
3

Documentation Criteria

  • Complete and accurate
  • Includes code comments
  • API documentation provided
  • Setup guide included

7.3 Testing & Quality Assurance

We Provide:

  • Unit testing (automated)
  • Integration testing
  • System testing
  • Security testing (basic)
  • Performance testing
  • User acceptance testing support

Not Included (Unless Specified):

  • Penetration testing
  • Load testing (extreme volumes)
  • Compatibility testing (all devices/browsers)
  • Accessibility testing (WCAG compliance)

Test Results:

Test coverage reports provided
Defect logs documented
Open issues listed with workarounds

7.4 Acceptance Process

1

Review

5 Business Days

You

  • Review deliverables
  • Test functionality
  • Report any issues
2

Resolve Issues

3-5 Days

Us

  • Fix identified bugs
  • Provide workarounds
  • Retest fixes
3

Approval

2 Business Days

You

  • Confirm satisfaction
  • Sign acceptance (if required)
  • Provide final feedback
4

Closure

1 Day

Us

  • Final deployment
  • Documentation transfer
  • Warranty begins

No Response = Acceptance: If you don't respond to delivery within 10 days, deliverables are deemed accepted.

09

8. Confidentiality & Non-Disclosure

What counts as confidential, what we owe each other, and how long it lasts.

8.1 Confidential Information

What's Confidential:

From Us:

  • Project source code
  • Architecture and design
  • Development methodology
  • Pricing and estimates
  • Internal processes

From You:

  • Business requirements
  • Proprietary data/algorithms
  • Customer information
  • Financial information
  • Marketing strategies

8.2 Confidentiality Obligations

We Will:

  • Keep your information confidential
  • Limit access to project team
  • Use only for project delivery
  • Implement security measures
  • Delete after engagement ends (unless legally required to retain)

You Will:

  • Keep our information confidential
  • Not disclose our methodologies
  • Not share source code with competitors
  • Not publicize without approval

8.3 Exceptions to Confidentiality

We Can Disclose Without Permission When:

Required by law, court order, or subpoena
Required by regulatory authority
Needed to protect our legal rights
Needed to prevent harm
Public domain (not our fault)
To our legal counsel, accountants, auditors

We Will:

Provide notice if legally possible
Request confidentiality of disclosure
Limit disclosure to necessary extent

8.4 Case Studies & References

We May Request Permission To:

Use your project as case study
Display screenshots/features
List your company as client
Share learnings/results (anonymized)

Your Approval Required For:

Public case study publication
Using your logo/name
Sharing metrics/results
Speaking engagements

Default: Unless approved, we won't publicize.

8.5 Confidentiality Duration

Confidentiality Continues:

During engagement
For 3 years after project completion
Longer if legally required
Indefinitely for trade secrets
10

9. Limitation of Liability

The caps and exclusions on damages either side can claim.

9.1 Liability Cap

Liability Cap

THE MAXIMUM LIABILITY OF EITHER PARTY FOR ANY CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED:

Option A (Most Common):

The total amount paid for services in the 12 months preceding the claim

(or if project not completed: total project cost)

Example: If you paid ₹500,000 total, max liability = ₹500,000

Option B (Time & Materials):

The fees paid in the preceding 12 months

(or if less than 12 months: fees paid to date)

Option C (Retainer Clients):

3 months of retainer fees

9.2 Excluded Damages

We Are NOT Liable For (Regardless of Amount):

1

Indirect Damages

  • Loss of profits
  • Loss of revenue
  • Loss of business opportunity
2

Consequential Damages

  • Business interruption
  • Loss of data
  • Loss of use
3

Incidental Damages

  • Third-party claims
  • Customer claims
  • Regulatory fines
4

Punitive/Exemplary Damages

  • Punitive damages
  • Treble damages
  • Any multiplied damages
5

Special Damages

  • Even if we knew of possibility

9.3 Exceptions to Liability Cap

Liability Is NOT Capped For:

Indemnification Obligations (Section 10)
Confidentiality Breaches (Section 8)
Intellectual Property Infringement (Section 4)
Gross Negligence or Willful Misconduct
Violations of Law
11

10. Indemnification

Who covers whom when a third party brings a claim.

10.1 Your Indemnification of Us

You Will Defend & Indemnify Us Against:

Claims that:

Your content/data infringes IP rights
Your use of services violates law
Your instructions caused harm
You breached confidentiality
Your modifications cause damage
You used software illegally

Includes Our Costs:

Legal fees
Defense costs
Settlement amounts
Court judgments

Your Process:

1. We notify you of claim
2. You take over defense
3. You resolve to our satisfaction
4. We cooperate fully

10.2 Our Indemnification of You

We Will Defend & Indemnify You Against:

Claims that:

Our code infringes IP rights (third-party code)
Our software violates law
Our violation of our obligations
We breach confidentiality

Does NOT Include:

Your modifications
Your misuse
Your content
Combining with third-party software
12

11. Termination & Project Cancellation

How either side can end the engagement and what is still owed.

11.1 Termination by Client

You Can Terminate At Any Time By:

1. Providing Written Notice (email acceptable)
2. Specifying Termination Date (effective immediately or future date)
3. Settling Outstanding Invoices

Upon Termination:

Timeframe

Before project starts

Status

No work done

Your Cost

Deposit forfeited

Timeframe

< 1 week into project

Status

Minimal work

Your Cost

Pay for work completed

Timeframe

1-4 weeks

Status

Partial completion

Your Cost

Hourly charges + retainer

Timeframe

4+ weeks

Status

Substantial progress

Your Cost

Hourly + penalty (see below)

Cancellation Penalties:

Within 7 days of start: No penalty (deposit forfeited)
After 7 days: 20% of remaining project cost as cancellation fee
After 50% completion: 50% of remaining project cost
After 75% completion: 100% of remaining project cost

You Receive:

Work completed to date
Access to source code (if ownership obtained)
Documentation for completed work
Transition assistance (up to 5 hours, no charge)

11.2 Termination by Company

We Can Terminate If:

1

Payment Issues

  • Invoice overdue by 30 days
  • Check returned for insufficient funds
  • Repeated late payments
  • Failure to pay deposit
2

Breach of Terms

  • Misuse of software
  • Violation of restrictions
  • Illegal use
  • Confidentiality breach
3

Violation of Law

  • Requested work becomes illegal
  • Client activity violates law
  • Regulatory prohibition
4

Safety/Harm

  • Risk of harm to others
  • Reputational harm to us
  • Use in harmful application

Upon Termination (Our Initiation):

We cease work
Refund unearned fees (if any)
Deliver completed work (if payment current)
Retain work if payment overdue

11.3 Project Suspension

Either Party Can Suspend If:

Force majeure event (see Section 15)
Mutual agreement
Outstanding issues preventing progress

During Suspension:

Developer time is not charged
Timeline extended by suspension period
Hosting/infrastructure costs continue
Retainer fees continue (if applicable)

Resumption:

2-week notice to resume
Team availability confirmed
Timeline adjusted
13

15. Force Majeure

When events outside either party's control pause obligations.

15.1 Force Majeure Events

Events Beyond Reasonable Control:

Natural disasters (earthquake, flood, hurricane)
War, terrorism, civil unrest
Pandemic or epidemic
Government action or embargo
Utility failure (power, internet)
Major supplier/vendor failure
Cyber attack or data center outage (third-party)
Strikes or labor actions

NOT Force Majeure:

Poor planning or preparation
Inadequate budget
Staff turnover or illness
Vendor selection poor performance
Regular maintenance
Foreseeable events

15.2 Force Majeure Effect

Upon Force Majeure Event:

1. Affected party notifies other party immediately
2. Provides information about impact and timeline
3. Takes reasonable steps to mitigate
4. Timeline is extended by duration of event + 10 days
5. Costs are adjusted if applicable
6. Project resumes when conditions allow

Important:

Force majeure doesn't excuse payment obligations entirely
May suspend development but not infrastructure costs
If force majeure >90 days, either party can terminate
Termination treated as mutual cancellation

15.3 Right to Suspend Services

We May Suspend If:

Infrastructure damage
Staff safety risk
Legal prohibition
Vendor service failure (internet, hosting)

You Notified: Immediately via email + phone

Services Resumed: As soon as reasonably possible

Timeline Extended: By suspension duration

14

14. Dispute Resolution & Governing Law

How conflicts are handled and which law governs this agreement.

14.1 Dispute Resolution Process

Before Litigation, Follow:

1

Direct Communication

7 Days
  • Email to support@thetisa.com
  • Specify issue clearly
  • Propose resolution
  • Await response
2

Escalation to Management

14 Days
  • If unresolved, email management@thetisa.com
  • Provide documentation
  • Request meeting
  • Attempt resolution
3

Mediation

30 Days
  • Mutually agree to mediator
  • Share costs equally
  • Good-faith participation
  • Attempt settlement
4

Arbitration or Litigation

If above fail
  • Only if above steps fail
  • See Section 14.3 below

14.2 Governing Law

These Terms Are Governed By:

🇮🇳

For Clients in India

  • Laws of India
  • Indian Contract Act, 1872
  • Information Technology Act, 2000
  • Exclusive jurisdiction: New Delhi courts
🇺🇸

For Clients in US

  • Laws of [State TBD]
  • No arbitration required
  • Exclusive jurisdiction: [State] courts

For Other Clients

  • English law governs
  • But local law may apply
  • Agreed arbitration in neutral location

No Choice of Law Impact:

Local consumer protections still apply
Mandatory laws are not waived
Your statutory rights are protected

14.3 Arbitration Clause (Optional - Confirm in SOW)

If Arbitration Selected:

Final binding arbitration
Single arbitrator (or 3 if >₹1,000,000)
Administered by [SIAC/ICC/LCIA/AAA]
Proceedings in English language
Location: [Mutually agreed neutral city]
Each party bears own costs
Confidential proceedings

Exclusions from Arbitration:

Injunctive relief (can go to court immediately)
IP protection (can go to court)
Payment enforcement (can go to court)

14.4 Costs & Legal Fees

Each Party Bears Own Costs:

Winning party doesn't recover attorney fees (unless explicitly stated)
Exception: Arbitration may award fees for gross misconduct
Court fees are each party's responsibility

Exception - Indemnification:

Indemnified party's attorney fees are covered by indemnitor (See Section 10)
15

18. Privacy & Data Protection

How personal data is handled under these terms.

18.1 Personal Data Handling

See our Privacy Policy for:

What data we collect
How we use it
Who we share it with
Your rights (access, delete, etc.)
Our security measures

These Terms + Privacy Policy = Complete Picture

18.2 GDPR Compliance (EU Users)

For European clients:

We comply with GDPR
Data Processing Agreement (DPA) available
Standard Contractual Clauses (SCCs) implemented
Can appoint Data Protection Officer
Will support your compliance obligations

Request DPA →

18.3 CCPA Compliance (California Users)

For California residents:

We comply with CCPA
Your data rights honored
No data sales
Privacy policy compliant
Opt-out mechanisms available

Learn more →

16

19. Regulatory Compliance

Laws and regulations both sides must respect while we work.

19.1 Regulatory Obligations

You Are Responsible For:

Compliance with laws in your jurisdiction
Data protection (if you handle personal data)
Export controls (if transferring software)
Industry regulations (healthcare, finance, etc.)
Licensing requirements (your software)

We Support:

Security best practices
Compliance-friendly architecture
Documentation for audits
Code for compliance review

We Don't:

Provide legal advice
Guarantee compliance
Assume liability for non-compliance
Track regulatory changes

Consult Your Legal Counsel for compliance.

19.2 Sanctions & Export Controls

You Cannot Use Software For:

Countries under sanctions (OFAC list)
Persons/entities on restricted lists
Purposes prohibited by law
Nuclear, missile, or military applications (US/EU)

We Comply With:

US Export Administration Regulations (EAR)
EU Export Controls
UN Sanctions
Your country's laws

You Warrant:

Proper jurisdiction
No sanctions violations
Legal purpose
Lawful end-user
17

20. Third-Party Services & Integrations

Third-party platforms we integrate with, and who owns those accounts.

20.1 Third-Party APIs & Services

If Project Uses Third-Party Platforms:

Platform

AWS/Azure/GCP

Our Role

Integration/deployment

Your Responsibility

Account, billing, compliance

Platform

Payment gateways

Our Role

Integration

Your Responsibility

PCI compliance, credentials

Platform

Email services

Our Role

Setup & integration

Your Responsibility

Sender reputation, compliance

Platform

Analytics tools

Our Role

Configuration

Your Responsibility

GDPR consent, data handling

You Manage:

  • Account creation
  • Billing
  • API key security
  • Service discontinuation

We Handle:

  • Technical integration
  • Configuration
  • Documentation
  • Initial testing

20.2 Third-Party Terms

You Must Comply With:

Third-party service terms
API usage policies
Rate limits and quotas
License agreements
Data processing terms

We Will:

Help you review terms
Advise on compliance
Set up to follow limits
Alert if approaching quotas

Violations:

Your responsibility
Not our liability
May result in service suspension
Charges may apply

20.3 Third-Party Support

For Third-Party Issues:

Contact their support (not ours)
We'll help investigate
We'll work with their support team
Our liability limited (Section 9)

Common Issues:

API outages → contact provider
Rate limit errors → upgrade account
Configuration issues → we help
Data loss → contact provider
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21. Miscellaneous

Catch-all legal mechanics that keep this agreement enforceable.

21.1 Survival

These Sections Survive Termination:

Section 4 (Intellectual Property)
Section 8 (Confidentiality)
Section 9 (Liability Limitations)
Section 10 (Indemnification)
Section 14 (Dispute Resolution)
Section 15 (Force Majeure)
Any others explicitly stated

Everything Else: Ends with project completion

21.2 Feedback & Testimonials

If You Provide Feedback:

We can use it for improvement
We can mention you as user (with permission)
We can quote you (with approval)
You retain ownership of feedback

You Grant Us:

License to use feedback
License to disclose feedback
No compensation required
No restrictions (unless you state them)

21.3 Publicity

We May Mention:

You as client (if agreed)
Project in case study (anonymized, if not agreed)
Technology stack used (general terms)
Challenges overcome (without revealing details)

We Won't Mention Without Permission:

Specific business requirements
Financial details
Proprietary algorithms
Customer data or insights
Competitive advantages

21.4 Relationship Clarification

This Is Not:

Partnership agreement
Joint venture
Agency relationship
Employment relationship

Each Party Is:

Independent contractor
Solely responsible for own actions
Not binding the other party
Not representing the other party

21.5 Contact Information

For Official Notices:

Legal Inquiries:

info@thetisa.com

Urgent Issues:

+91 9610590090

Website:

https://thetisa.com

19

22. Policy Updates & Changes

How and when these terms can change.

22.1 When We Update Terms

We Update These Terms When:

Laws change
We change business practices
We add new services
Technology evolves
User feedback suggests improvements

Frequency: Annually reviewed, updated as needed

22.2 How We Notify You

For Minor Changes:

Updated "Last Updated" date
Change posted on website
Continued use = acceptance

For Major Changes:

Email notification to registered email
30 days notice before effective
Request for re-acceptance
Right to reject (by terminating)

22.3 Your Right to Reject

If You Don't Accept New Terms:

You can terminate engagement
No early termination fee
Receive deliverables to date
Settlement of all fees

Process:

1. Notify us within 30 days
2. Complete current obligations
3. Receive final deliverables
4. Settle any outstanding amounts

22.4 Version History

Version

2.0

Date

August 4, 2026

Changes

Added AI/ML terms, staff augmentation, SaaS provisions

Version

1.5

Date

January 2025

Changes

Added dispute resolution, force majeure details

Version

1.0

Date

[Date]

Changes

Initial version

20

23. Acknowledgment & Acceptance

What counts as accepting these Terms and Conditions.

23.1 You Acknowledge That You Have:

By using our services or entering an agreement with us, you confirm:

Read these Terms and Conditions
Understand our obligations and limitations
Accept all terms and conditions
Have authority to enter this agreement
Will comply with all applicable laws
Accept the liability limitations
Understand the warranty disclaimers

23.2 Additional Agreements

You Also Agree To:

Privacy Policy
Cookie Policy
Acceptable Use Policy
Service-specific SLA (if provided)
NDA (if signed)

These Are All Incorporated: By reference into this agreement

23.3 No Agreement Until Acceptance

A Binding Agreement Exists When:

1. You sign a proposal, OR
2. You make a payment, OR
3. You begin work (if authorized), OR
4. You receive an invoice and accept it

Until Then: These are just terms we propose

21

24. Final Notes

Closing reminders and how to reach us about this document.

Questions About These Terms?

Contact us:

info@thetisa.com

Chat with us:

Contact form

Call us:

+1 (512) 640-0538

Need Legal Advice?

These Terms Are Not Legal Advice

Consult your own lawyer
Especially for large contracts
Or if you're unsure about anything
We can discuss but can't give legal advice

How to Use These Terms

Do:

  • Read carefully before signing
  • Ask questions if unclear
  • Get legal review
  • Negotiate if needed
  • Keep a copy for records

Don't:

  • Assume you understand without reading
  • Skip the fine print
  • Ignore sections you disagree with
  • Take legal advice from us
  • Modify without our agreement
Terms & Conditions Version:2.0
Effective Date:January 2025
Last Updated:August 04, 2026
Next Review:August 04, 2027

Compliance Status: Legally Sound

By using The TISA services, you agree to these Terms and Conditions.

Thank you for your trust.

Let's build something great together.

TERMS & CONDITIONS

The TISA - AI Powered Software Development Company

Version 2.0 | August 04, 2026

Professional services agreement protecting both parties' interests with fairness and clarity.

Let's build with trust.
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© 2026 The TISA|All rights reserved
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