Terms of Service
Summary of Key Points
By accessing our website (digibayt.com) or engaging DigiBayt for web design, engineering, mobile development, cloud infrastructure, or digital marketing services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please discontinue using our services.
1Agreement & Parties
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”, “User”, or “you”) and DigiBayt (“DigiBayt”, “Company”, “we”, “our”, or “us”), registered in Malappuram, Kerala, India with operations across India and the United Arab Emirates.
By accessing this website, submitting an inquiry, executing a project contract, or utilizing our services, you warrant that you are at least 18 years of age and possess full legal capacity to enter into this agreement.
2Scope of Services
DigiBayt provides premium digital services, including but not limited to:
- Custom Web Design & Full-Stack Development
- Mobile Application Development (iOS & Android)
- Cloud Infrastructure Setup & Managed Hosting
- Workflow Automation (n8n, Custom APIs)
- Official WhatsApp Cloud API Solutions
- Search Engine Optimization (SEO) & Analytics
- Digital Marketing & Brand Strategy
- Library Automation & Specialized Software
Every specific engagement is outlined via an official Statement of Work (SOW), proposal, or invoice confirming the deliverables, timelines, milestones, and fees.
3Client Obligations & Responsibilities
To ensure timely and effective project delivery, the Client agrees to:
- Provide accurate, legal, and non-infringing content, assets, text, brand guidelines, and credentials needed for project execution.
- Participate in review cycles and provide feedback or approvals within mutually agreed turnaround windows (typically 3 to 5 business days).
- Designate an authorized project representative who has decision-making authority.
- Maintain the confidentiality of any project credentials, staging passwords, and access keys provided by DigiBayt.
4Intellectual Property Rights
Client Deliverables: Upon receipt of 100% full and final payment for the designated project or milestone, all custom code, graphics, and design assets developed exclusively for the Client will transfer to the Client.
DigiBayt IP & Pre-existing Assets: DigiBayt retains all rights, title, and interest in its pre-existing code libraries, proprietary development frameworks, boilerplates, workflows, developer tools, and internal scripts. DigiBayt grants the Client a non-exclusive, perpetual, royalty-free license to use such embedded components as incorporated into the final deliverable.
Portfolio & Showcase Rights: Unless explicitly restricted via a signed Non-Disclosure Agreement (NDA), DigiBayt reserves the right to showcase completed work, screenshots, case studies, and brand logos in our portfolio, marketing materials, and website.
5Payment Terms, Invoicing & Taxes
- Payment Schedules: Custom projects generally require an initial advance deposit prior to kickoff, with subsequent payments linked to agreed milestones (e.g., design approval, staging deployment, final production launch).
- Due Dates: Invoices are payable within 7 calendar days of issuance unless otherwise agreed in writing.
- Late Payments: Accounts with overdue balances exceeding 15 days may be subject to suspension of active development, staging environments, or support services until balances are resolved.
- Taxes: All fees are exclusive of applicable local, state, national, or foreign taxes (including GST/VAT), which will be billed where mandatory.
6Acceptable Use Policy
You agree not to use our website or services to:
- Distribute malicious software, spyware, viruses, trojans, or unauthorized automation bots.
- Infringe upon copyrights, patents, trademarks, or proprietary rights of third parties.
- Transmit unsolicited bulk emails, spam, automated marketing blasts in violation of WhatsApp or telecommunication anti-spam regulations.
- Host or distribute unlawful, fraudulent, defamatory, sexually explicit, or harmful material.
- Attempt to reverse-engineer, decompile, probe, or breach our server infrastructure or security perimeters.
7Third-Party Services & Dependencies
Our solutions may integrate or depend upon third-party providers (such as AWS, Supabase, Vercel, MongoDB Atlas, Meta WhatsApp Cloud API, payment gateways, or Google Cloud). DigiBayt is not liable for service outages, rate-limit changes, policy updates, pricing revisions, or discontinuations initiated by these third-party platforms.
Clients maintain direct responsibility for third-party subscription costs, API consumption quotas, and account maintenance unless an all-inclusive managed services retainer is active.
8Warranties & Limitation of Liability
DigiBayt commits to delivering professional, industry-standard engineering and design. We provide a complimentary 30-day post-launch warranty period on custom-developed software to rectify bugs or discrepancies against the approved specifications.
Disclaimer: Except as expressly provided, our services and website are provided on an “as is” and “as available” basis without warranties of any kind.
Limitation of Liability: To the maximum extent permitted by applicable law, DigiBayt shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, or business interruption. DigiBayt's total aggregate liability arising out of any engagement shall not exceed the actual fees paid by the Client to DigiBayt for the specific service in question during the prior 3 months.
9Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the substantive laws of India. Any legal dispute, controversy, or claim arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the competent courts in Malappuram, Kerala, India.
10Contact & Legal Inquiries
If you have questions or require clarification regarding these Terms of Service, please reach out to our legal and support team: