Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using our website and the services we make available (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

We may modify these Terms from time to time, and any changes will be effective when the updated Terms are posted on this page. Your continued use of the Services after any change constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

2. Our Services

NileForge is a technology company that provides cloud and AI engineering services on Amazon Web Services (AWS). Our work includes cloud foundations and migration, application modernization, cloud-native development, data and analytics, machine learning and generative AI, and related managed services.

These Terms govern your use of our website and the general information and services made available through it. The specific scope, deliverables, fees, and terms of any engagement are set out in a separate written agreement (a "Service Agreement"), as described in Section 6.

We may update, modify, or discontinue parts of our website or its content at any time, with or without notice. While we aim to provide accurate and reliable information, we do not guarantee that our website will always be available or free of errors.

3. Access and Eligibility

Our website is generally available for you to view and use without creating an account, and we do not currently require account registration to access our content or to contact us. If we introduce registered or account-based features in the future, we may require additional information and apply additional terms at that time.

You are responsible for ensuring that any information you provide to us is accurate and that you are authorized to provide it. You must be at least 18 years of age to use our Services.

4. Acceptable Use

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

• Violate any applicable local, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the rights of others
• Transmit any malicious code, viruses, worms, or other harmful software
• Attempt to gain unauthorized access to our Services, systems, or networks
• Interfere with or disrupt the integrity or performance of our Services
• Use our Services to transmit spam, unsolicited messages, or unauthorized promotional materials
• Collect or harvest information about others without their consent
• Impersonate any person or entity or misrepresent your affiliation
• Use our Services in any manner that could damage, disable, overburden, or impair our servers or networks
• Reverse engineer, decompile, or disassemble any portion of our Services, except to the extent permitted by law
• Use automated systems (such as bots or scrapers) to access our Services without our prior written consent
• Use our Services to store, transmit, or process any material that violates applicable laws or the rights of others

5. Intellectual Property Rights

6. Service Agreements

These Terms govern your use of our publicly available website and general services. For specific engagements, professional services, or enterprise arrangements, separate written Service Agreements will apply and will set out the scope, deliverables, fees, and other terms for those services. In the event of a conflict between these Terms and a Service Agreement, the Service Agreement will prevail with respect to the services covered by that agreement.

7. Fees and Payment

Access to our website is provided free of charge. Where you engage us for paid services, the applicable fees, payment schedule, and related terms will be set out in the relevant Service Agreement or invoice. Unless stated otherwise in a Service Agreement, you are responsible for any taxes, duties, or government charges applicable to the services. Failure to pay amounts when due may result in suspension of the relevant services, as described in the applicable Service Agreement.

8. Availability of Services

While we aim to keep our website and services available and functioning properly, we do not guarantee that they will be uninterrupted, timely, error-free, or secure. Our website and services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. Any service level commitments for paid engagements will be set out in the applicable Service Agreement.

9. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

You are responsible for ensuring that any data you provide to us, or that you process in connection with our services, complies with the data protection laws that apply to you, including, where relevant, the General Data Protection Regulation (GDPR), the Digital Personal Data Protection Act, 2023, and other applicable laws.

10. Confidentiality

In the course of an engagement, you may share confidential or proprietary information with us. We will take reasonable steps to maintain the confidentiality of such information and to use it only for the purpose of providing services to you, except as required by law or with your consent. Specific confidentiality obligations may be set out in the applicable Service Agreement.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be compatible with your equipment or that they will be free of viruses or other harmful components. You assume all risks associated with your use of our Services.

Our website may contain links to third-party websites, resources, or services that are not owned or controlled by NileForge. We are not responsible for the content, products, services, or practices of any third-party websites or resources, and we do not endorse them. Your access to and use of any third-party websites is at your own risk and subject to the terms and policies of those third parties.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NILEFORGE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES.

Our total liability for all claims arising out of or relating to these Terms or your use of our website and general services, regardless of the form of action, shall not exceed the amount you paid to us (if any) in the twelve (12) months preceding the claim, or one hundred US dollars (US$100), whichever is greater. Liability arising from a specific engagement is governed by the limitation of liability set out in the applicable Service Agreement.

Nothing in these Terms excludes or limits our liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

13. Indemnification

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

• Your use of or access to our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your User Content or any content you submit through our Services
• Your violation of any applicable laws or regulations

14. Suspension and Termination

We may suspend or terminate your access to our website or services, in whole or in part, at any time and without prior notice or liability, including if you:

• Violate these Terms or any applicable Service Agreement
• Engage in fraudulent, abusive, or unlawful activity
• Use our Services in a way that may harm us, other users, or third parties

Termination or suspension of any paid services will be handled in accordance with the applicable Service Agreement. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Subject to the arbitration provision below, the courts in Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or our Services.

Before commencing any formal proceeding, the parties will attempt in good faith to resolve any dispute through negotiation. If a dispute cannot be resolved within a reasonable time, it may be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended), with the seat of arbitration in Mumbai, India, or as otherwise agreed in a Service Agreement. Nothing in this section prevents either party from seeking injunctive or equitable relief from a court of competent jurisdiction.

16. General Provisions

17. Contact Information

If you have questions about these Terms, please contact us: