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.
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:
Additional Services:
1.2 Service Scope Definition
Important: The scope of services is defined in:
These documents, together with these Terms and Conditions, constitute the complete agreement.
1.3 Excluded Services
We do NOT provide:
2. Engagement & Agreement
How engagements start and what the written agreement covers.
2.1 How Services Engagement Works
Standard Process:
Initial Consultation (Free)
- Discuss your project requirements
- Understand your business goals
- Identify technical specifications
- Estimate scope and timeline
Project Proposal
- Detailed service breakdown
- Estimated cost and timeline
- Resource allocation
- Terms and conditions review
Agreement Signature
- You accept proposal
- Service Agreement signed
- Project officially begins
- Deposit/payment collected
Project Execution
- Regular status updates
- Milestone-based delivery
- Quality assurance testing
- Client feedback incorporation
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):
Service Agreement (highest priority)
- Client-specific terms
- Project-specific conditions
- Custom payment terms
Statement of Work (SOW)
- Deliverables
- Milestones
- Acceptance criteria
- Timeline
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:
No verbal agreements override these written terms.
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:
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:
3.3 Invoicing & Payment Terms
Standard Terms:
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
Refunds ARE available if
Refund Process
3.5 Overage & Additional Costs
Scope changes may incur additional fees:
We will notify you BEFORE incurring additional costs >₹50,000 ($600).
3.6 Taxes & Compliance
You are responsible for:
We will:
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:
4.3 Your Content & Intellectual Property
Materials You Provide:
Important:
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:
GPL Notice: If GPL-licensed code included, your modifications may require disclosure.
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:
Warranty Period: 30 days from delivery (or as specified in SOW)
What Warranty Does NOT Cover:
5.2 Warranty Limitations
DISCLAIMER OF IMPLIED WARRANTIES:
THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM:
5.3 Warranty Claims
How to Report Issues:
Report Within 30 Days
Email support@thetisa.com with:
- Description of issue
- Steps to reproduce
- Error messages (screenshots)
- Environment details
We'll Investigate
Respond within 2-5 business days
Fix or Workaround
We'll either fix the bug or provide workaround
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
6. Client Responsibilities & Obligations
What you must provide, decide, and avoid during the project.
6.1 Your Responsibilities
You Must:
Provide Clear Requirements
- Detailed specifications
- Use case scenarios
- Business requirements
- Performance expectations
Provide Resources
- Project manager/single point of contact
- Subject matter experts (for clarification)
- Access to existing systems/APIs
- Test data and environments
Make Timely Decisions
- Review deliverables promptly
- Approve milestones within 5 business days
- Provide feedback quickly
- Resolve scope ambiguities
Provide Accurate Information
- True business requirements
- Accurate data samples
- Current system documentation
- Correct contact information
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:
Reverse Engineer
- Decompile or disassemble code
- Attempt to extract algorithms
- Bypass security measures
Resell Without Permission
- Rebrand as your own
- Sell to third parties
- Use for competing service
Use for Illegal Purpose
- Hacking or unauthorized access
- Spam or phishing
- Fraud or harassment
- Weapons or surveillance
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:
Important:
7. Deliverables, Testing & Acceptance
How deliverables are tested, accepted, and handed over.
7.1 Deliverables
What You'll Receive:
Typically Includes:
Delivery Method:
Access:
7.2 Acceptance Criteria
Acceptance is Based On:
Functional Criteria
- All features specified in SOW working
- User workflows functioning as described
- API endpoints returning expected responses
- Database operations correct
Quality Criteria
- Code follows agreed standards
- No critical/high-priority bugs
- Security best practices implemented
- Performance within specifications
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:
7.4 Acceptance Process
Review
5 Business DaysYou
- Review deliverables
- Test functionality
- Report any issues
Resolve Issues
3-5 DaysUs
- Fix identified bugs
- Provide workarounds
- Retest fixes
Approval
2 Business DaysYou
- Confirm satisfaction
- Sign acceptance (if required)
- Provide final feedback
Closure
1 DayUs
- Final deployment
- Documentation transfer
- Warranty begins
No Response = Acceptance: If you don't respond to delivery within 10 days, deliverables are deemed accepted.
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:
We Will:
8.4 Case Studies & References
We May Request Permission To:
Your Approval Required For:
Default: Unless approved, we won't publicize.
8.5 Confidentiality Duration
Confidentiality Continues:
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):
Indirect Damages
- Loss of profits
- Loss of revenue
- Loss of business opportunity
Consequential Damages
- Business interruption
- Loss of data
- Loss of use
Incidental Damages
- Third-party claims
- Customer claims
- Regulatory fines
Punitive/Exemplary Damages
- Punitive damages
- Treble damages
- Any multiplied damages
Special Damages
- Even if we knew of possibility
9.3 Exceptions to Liability Cap
Liability Is NOT Capped For:
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:
Includes Our Costs:
Your Process:
10.2 Our Indemnification of You
We Will Defend & Indemnify You Against:
Claims that:
Does NOT Include:
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:
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:
You Receive:
11.2 Termination by Company
We Can Terminate If:
Payment Issues
- Invoice overdue by 30 days
- Check returned for insufficient funds
- Repeated late payments
- Failure to pay deposit
Breach of Terms
- Misuse of software
- Violation of restrictions
- Illegal use
- Confidentiality breach
Violation of Law
- Requested work becomes illegal
- Client activity violates law
- Regulatory prohibition
Safety/Harm
- Risk of harm to others
- Reputational harm to us
- Use in harmful application
Upon Termination (Our Initiation):
11.3 Project Suspension
Either Party Can Suspend If:
During Suspension:
Resumption:
15. Force Majeure
When events outside either party's control pause obligations.
15.1 Force Majeure Events
Events Beyond Reasonable Control:
NOT Force Majeure:
15.2 Force Majeure Effect
Upon Force Majeure Event:
Important:
15.3 Right to Suspend Services
We May Suspend If:
You Notified: Immediately via email + phone
Services Resumed: As soon as reasonably possible
Timeline Extended: By suspension duration
14. Dispute Resolution & Governing Law
How conflicts are handled and which law governs this agreement.
14.1 Dispute Resolution Process
Before Litigation, Follow:
Direct Communication
7 Days- Email to support@thetisa.com
- Specify issue clearly
- Propose resolution
- Await response
Escalation to Management
14 Days- If unresolved, email management@thetisa.com
- Provide documentation
- Request meeting
- Attempt resolution
Mediation
30 Days- Mutually agree to mediator
- Share costs equally
- Good-faith participation
- Attempt settlement
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:
14.3 Arbitration Clause (Optional - Confirm in SOW)
If Arbitration Selected:
Exclusions from Arbitration:
14.4 Costs & Legal Fees
Each Party Bears Own Costs:
Exception - Indemnification:
18. Privacy & Data Protection
How personal data is handled under these terms.
18.1 Personal Data Handling
See our Privacy Policy for:
These Terms + Privacy Policy = Complete Picture
18.2 GDPR Compliance (EU Users)
For European clients:
Request DPA →
18.3 CCPA Compliance (California Users)
For California residents:
Learn more →
19. Regulatory Compliance
Laws and regulations both sides must respect while we work.
19.1 Regulatory Obligations
You Are Responsible For:
We Support:
We Don't:
Consult Your Legal Counsel for compliance.
19.2 Sanctions & Export Controls
You Cannot Use Software For:
We Comply With:
You Warrant:
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:
We Will:
Violations:
20.3 Third-Party Support
For Third-Party Issues:
Common Issues:
21. Miscellaneous
Catch-all legal mechanics that keep this agreement enforceable.
21.1 Survival
These Sections Survive Termination:
Everything Else: Ends with project completion
21.2 Feedback & Testimonials
If You Provide Feedback:
You Grant Us:
21.3 Publicity
We May Mention:
We Won't Mention Without Permission:
21.4 Relationship Clarification
This Is Not:
Each Party Is:
21.5 Contact Information
For Official Notices:
Legal Inquiries:
info@thetisa.com
Urgent Issues:
+91 9610590090
Website:
https://thetisa.com
22. Policy Updates & Changes
How and when these terms can change.
22.1 When We Update Terms
We Update These Terms When:
Frequency: Annually reviewed, updated as needed
22.2 How We Notify You
For Minor Changes:
For Major Changes:
22.3 Your Right to Reject
If You Don't Accept New Terms:
Process:
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
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:
23.2 Additional Agreements
You Also Agree To:
These Are All Incorporated: By reference into this agreement
23.3 No Agreement Until Acceptance
A Binding Agreement Exists When:
Until Then: These are just terms we propose
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
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
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.