Terms & Conditions

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“Client”, “you”, or “your”) and Increeks (“we”, “us”, or “our”), an AI-native Product & Design Studio based in Bengaluru, Karnataka, India.

By accessing or using our Website at increeks.com, submitting an enquiry, signing a Statement of Work, or otherwise engaging our services, you confirm that:

• You have read, understood, and agree to be bound by these Terms.
• You are at least 18 years of age and have the legal capacity to enter into contracts.
• If acting on behalf of a company or organisation, you have the authority to bind that entity to these Terms.
• Your use of our services complies with all applicable laws and regulations in your jurisdiction.

If you do not agree with any part of these Terms, you must not use our Website or services. We reserve the right to update these Terms at any time. Your continued use after the effective date of changes constitutes acceptance of the revised Terms.

Increeks provides the following services, each governed by a separate Statement of Work (SOW) or project agreement:

Product Studio

Design and development of AI/ML solutions, IoT systems, SaaS platforms, and mobile applications. Deliverables, milestones, and acceptance criteria are specified in each SOW.

Design Studio

Branding, UI/UX design, 3D design, and motion graphics. Creative deliverables remain subject to revision rounds as defined in the SOW; additional revisions may attract supplementary charges.

INQB Zone

Startup incubation programme offering mentorship, resources, and co-building support. Participation is governed by a separate INQB Zone Programme Agreement in addition to these Terms.

We reserve the right to modify, suspend, or discontinue any service with reasonable notice. Increeks may engage subcontractors or freelancers to deliver services; however, Increeks remains solely responsible to you for the performance of all services.

AI-Powered Services: Some of our services involve the use of AI and machine-learning tools and models. You acknowledge that AI-generated outputs may contain inaccuracies, biases, or errors, and that human review is required before any AI output is used in production or high-stakes contexts. We make no warranty that AI outputs will be error-free, complete, or fit for any particular purpose.

Certain features of our Website or client portal may require you to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password confidential and not share access credentials with unauthorised persons.
• Notify us immediately at hello@increeks.com of any unauthorised access to your account.
• Accept responsibility for all activities that occur under your account credentials.

We reserve the right to terminate or suspend your account at our discretion, including for violation of these Terms, non-payment, or suspected fraudulent activity. You may close your account at any time by contacting us; outstanding obligations (e.g., unpaid invoices) survive account closure.

You agree to use our Website and services only for lawful purposes and in accordance with these Terms. You must not:

• Use our services to develop products or content that is illegal, harmful, deceptive, defamatory, obscene, or that infringes third-party intellectual property rights.
• Attempt to gain unauthorised access to any part of our Website, systems, or data.
• Transmit malware, viruses, or any code designed to disrupt, damage, or gain unauthorised access to any system.
• Engage in scraping, data mining, or automated data collection from our Website without our prior written consent.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use our services in a manner that could damage our reputation or bring us into disrepute.
• Violate any applicable local, national, or international law or regulation, including export control laws.
• Use our AI/ML deliverables to develop weapons, mass surveillance systems, or applications that facilitate discrimination, privacy violations, or human rights abuses.

We reserve the right to refuse service, terminate engagements, or remove content that we reasonably believe violates this Acceptable Use Policy, without liability to you.

Increeks Proprietary Tools & Frameworks

Increeks retains full ownership of all pre-existing intellectual property, including but not limited to: internal frameworks, code libraries, design systems, workflows, methodologies, AI models, tools, templates, and know-how developed by Increeks prior to or independently of any client engagement (“Increeks IP”). These Terms do not transfer any Increeks IP to you.

Client Deliverables

Upon receipt of full and final payment for the relevant project, Increeks assigns to you all intellectual property rights in the bespoke deliverables created specifically for your project (“Client Deliverables”), including all copyrights, to the extent permitted by applicable law. This assignment does not include any Increeks IP incorporated within the deliverables; instead, Increeks grants you a non-exclusive, perpetual, royalty-free licence to use such Increeks IP solely as embedded within or necessary for the operation of the Client Deliverables.

Client Materials

You retain all ownership of materials, content, data, and assets you provide to us for the project (“Client Materials”). You grant Increeks a limited licence to use Client Materials solely for the purpose of delivering the agreed services.

Portfolio & Attribution

Unless you request confidentiality in writing, we reserve the right to display general descriptions of completed projects (without disclosing confidential business information) in our portfolio, case studies, and marketing materials.

Open-Source Components

Deliverables may include open-source components subject to their respective licences (e.g., MIT, Apache 2.0). We will disclose the use of open-source components and any licence obligations applicable to you.

Fees & Currency

Fees for our services are as specified in the applicable SOW or proposal. Invoices may be issued in Indian Rupees (INR) or US Dollars (USD) as agreed. For Indian clients, all fees are subject to applicable Goods and Services Tax (GST) at the prevailing rate; GST will be separately itemised on invoices.

Payment Schedule

Unless otherwise agreed in the SOW, our standard payment schedule is:

1. 50% advance payment due before project commencement.
2. 25% milestone payment due upon delivery of the agreed mid-project milestone.
3. 25% final payment due upon delivery of final deliverables, before IP assignment takes effect.

Late Payment

Invoices are due within 14 days of the invoice date unless otherwise stated. Overdue amounts will accrue interest at 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until the date of actual payment. We reserve the right to suspend work on all active projects until overdue payments are settled.

Expenses

Out-of-pocket expenses (e.g., stock photography licences, third-party API costs, font licences, travel required for the project) will be charged at cost with your prior written approval.

Refunds

Advance payments are non-refundable once work has commenced, except where Increeks fails to deliver in accordance with the SOW. Any refunds, if applicable, will be processed within 14 business days of agreement.

Each party (“Receiving Party”) agrees to keep confidential all non-public information disclosed by the other party (“Disclosing Party”) in connection with the engagement (“Confidential Information”), and to use it solely for the purpose of performing or receiving the services.

Confidential Information includes, without limitation:

• Business strategies, financial information, pricing, and client lists.
• Technical specifications, source code, designs, and unreleased product concepts.
• Personnel information and internal processes.
• Any information marked as “confidential” or that a reasonable person would understand to be confidential given its nature and context.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was independently developed by the Receiving Party without reference to the Confidential Information; (c) was lawfully received from a third party free of any obligation of confidence; or (d) must be disclosed by operation of law or court order, provided the Receiving Party gives prompt notice and cooperates with reasonable efforts to obtain a protective order.

Confidentiality obligations survive termination of the engagement for a period of 5 years, except for trade secrets, which remain protected for as long as they retain their trade secret status.

Increeks Warranties

Increeks warrants that:

• Services will be performed with reasonable skill, care, and diligence.
• It has the right to enter into these Terms and perform the agreed services.
• Deliverables, at the time of delivery, will not knowingly infringe any third-party intellectual property rights.
• It will comply with applicable data protection laws in handling your personal data.

Client Warranties

You warrant that:

• You have the right to provide all Client Materials to Increeks and that such materials do not infringe any third-party rights.
• Information provided to us is accurate and complete to the best of your knowledge.
• You will use deliverables in compliance with applicable laws.

Disclaimers

Except as expressly stated above, all services and deliverables are provided “as is” and “as available” without warranty of any kind, whether express, implied, or statutory.We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law.

AI-Generated Outputs: We make no warranty that outputs produced using AI or machine-learning tools will be accurate, complete, error-free, unbiased, or suitable for any particular purpose. AI-generated content is provided as a starting point and requires human review, validation, and editing before use in any production, commercial, legal, financial, medical, or safety-critical context.

We do not warrant that our Website will be uninterrupted, secure, or free from errors or viruses. We are not responsible for any harm resulting from your use of any content obtained from our Website.

To the maximum extent permitted by applicable law, Increeks' total aggregate liability to you for all claims arising out of or related to these Terms or the services — whether in contract, tort (including negligence), statute, or otherwise — shall not exceed the total fees paid by you to Increeks in the three (3) calendar months immediately preceding the event giving rise to the claim.

In no event shall either party be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or cost of procurement of substitute goods or services, even if advised of the possibility of such damages.

The above limitations do not exclude or limit liability for: (a) death or personal injury caused by gross negligence or wilful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited by applicable law.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, power outages, internet service disruptions, or labour disputes (“Force Majeure Events”). The affected party shall:

• Notify the other party promptly upon becoming aware of a Force Majeure Event.
• Use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate the affected SOW by written notice, with fees payable for work completed to date on a pro-rata basis.

You agree to indemnify, defend, and hold harmless Increeks and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms or any applicable law or regulation.
• Your Client Materials infringing any third-party intellectual property right, privacy right, or other proprietary right.
• Your use of deliverables in a manner not authorised by these Terms or the applicable SOW.
• Any claim brought by a third party arising from your products or services that incorporate our deliverables.
• Your violation of any third-party right, including without limitation any privacy, publicity, or contractual right.

Increeks will promptly notify you of any such claim and will provide reasonable cooperation in your defence at your expense. You may not settle any claim that imposes obligations on Increeks without our prior written consent.

Termination for Convenience

Either party may terminate an SOW for convenience by providing 30 days' written notice. In the event of termination for convenience by the Client, you shall pay for all work completed up to the notice date, plus any non-cancellable third-party costs already incurred. In the event of termination for convenience by Increeks, we shall refund any advance payment attributable to work not yet commenced.

Termination for Cause

Either party may terminate immediately upon written notice if:

• The other party commits a material breach of these Terms that is not remedied within 15 days of written notice specifying the breach.
• The other party becomes insolvent, enters administration, liquidation, or makes an assignment for the benefit of creditors.
• The other party engages in fraudulent, illegal, or grossly negligent conduct in connection with the services.

Effect of Termination

Upon termination:

• All licences granted under these Terms will terminate (except those arising from full payment already made).
• Each party shall promptly return or destroy the other party's Confidential Information.
• Clauses that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, and payment obligations) shall remain in full force.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

Dispute Resolution

The parties commit to the following staged dispute resolution process:

1. Good-Faith Negotiation: Either party may give written notice of a dispute. The parties' senior representatives shall meet (in person, by video conference, or by telephone) within 10 business days of such notice and negotiate in good faith for up to 30 calendar daysto resolve the dispute amicably.
2. Arbitration: If the dispute is not resolved within the 30-day negotiation period, it shall be referred to and finally resolved by arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended from time to time. The seat and venue of arbitration shall be Bengaluru, Karnataka, India. The arbitral tribunal shall consist of a sole arbitrator agreed upon by the parties, or, if no agreement is reached within 15 days, appointed in accordance with the Act. The language of arbitration shall be English. The arbitral award shall be final and binding on the parties.

Jurisdiction for Interim Relief

Notwithstanding the arbitration clause, either party may apply to the courts of competent jurisdiction in Bengaluru, Karnataka, India for interim or injunctive relief to prevent irreparable harm pending the outcome of arbitration.

The parties irrevocably submit to the exclusive jurisdiction of the courts of Bengaluru, Karnataka for any matter not subject to arbitration, including enforcement of an arbitral award.

Entire Agreement

These Terms, together with any applicable SOW, proposal, or programme agreement, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior and contemporaneous agreements, representations, and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

Waiver

No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. A waiver of any breach shall not constitute a waiver of any subsequent breach.

Assignment

You may not assign, transfer, or subcontract any of your rights or obligations under these Terms without our prior written consent. Increeks may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, upon written notice to you.

Notices

All notices required or permitted under these Terms shall be in writing and delivered to Increeks at hello@increeks.com. Notices sent by email are deemed received on the next business day after sending, provided no delivery failure notification is received.

Independent Contractors

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between the parties.

Updates to Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by posting a notice on our Website and updating the “Effective Date”. Continued use of our services after the effective date of changes constitutes acceptance of the revised Terms. For ongoing engagements, changes will apply only upon renewal or commencement of a new SOW unless required by law.

Contact

For any questions about these Terms, please contact us at hello@increeks.com or write to us at our registered office in Bengaluru, Karnataka, India.