Terms of Service

1.1 Acceptance. By accessing, browsing, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines, policies, and future modifications. MellowKraft reserves the right to change these Terms at any time, effective upon posting of an updated version of these Terms on the Services. You are responsible for regularly reviewing these Terms. Continued use of the Services after any such changes shall constitute your consent to such changes.

1.2 Eligibility. The Services are available only to individuals who are at least eighteen (18) years of age and who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years of age, have the legal authority, right, and freedom to enter into these Terms as a binding agreement, and are not prohibited from receiving or using the Services under the laws of your applicable jurisdiction. If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1.3 Modifications to Services. MellowKraft reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that MellowKraft shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

2.1 Scope of Services. MellowKraft provides strategic consulting, MVP development partnership, product design, and related advisory services to businesses and entrepreneurs. The specific deliverables, timelines, fees, and scope of each engagement shall be defined in a separate Statement of Work ("SOW") or Service Agreement executed between the Company and the Client. These Terms govern all aspects of the engagement not otherwise specified in a SOW.

2.2 Information Provided. The information, content, and materials available through the Services are provided for general informational purposes only. Nothing contained in the Services constitutes professional legal, financial, tax, accounting, or other regulated professional advice. You should consult with qualified professionals before making any business, legal, financial, or other decisions.

2.3 No Warranty of Results. MellowKraft makes no representation or warranty that use of the Services or engagement of the Company will result in any particular business outcome, revenue, growth, or commercial success. Market conditions, product-market fit, user adoption, and other factors beyond the Company's control may materially affect business outcomes. Past client results referenced on the website are illustrative and not representative of guaranteed or typical results.

2.4 Third-Party Services. The Services may integrate with or link to third-party platforms, tools, or services including but not limited to Firebase, Cloudflare, Google Analytics, and payment processors. Your use of such third-party services is governed by their respective terms of service and privacy policies, which you are solely responsible for reviewing and accepting.

3.1 Account Creation. Certain features of the Services, including the administrative dashboard and client portal, require registration. When you register for an account, you agree to provide accurate, current, and complete information as prompted by the applicable registration form ("Registration Data") and to maintain and promptly update such Registration Data to keep it accurate, current, and complete.

3.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to immediately notify MellowKraft of any unauthorized use of your account or any other breach of security at the contact information provided in Section 16 of these Terms. MellowKraft will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge.

3.3 Account Termination. MellowKraft reserves the right to suspend or terminate your account and access to the Services, without prior notice, for conduct that MellowKraft believes violates these Terms or is harmful to other users of the Services, the Company, third parties, or the interests of the Services. Upon termination, your right to use the Services will immediately cease.

3.4 One Account Per User. Each user may maintain only one (1) active account. Creating multiple accounts for the purpose of circumventing restrictions, bans, or fees is strictly prohibited and may result in immediate termination of all associated accounts.

4.1 Ownership of Services. The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, are owned by MellowKraft, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License. Subject to your compliance with these Terms, MellowKraft grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services, except as follows: (a) your computer may temporarily store copies of such materials incidentally in the course of normal operation; (b) you may store files that are automatically cached by your web browser; or (c) if we provide social media features, you may take actions as are enabled by such features.

4.3 Client Work Product. Unless otherwise agreed in a written Statement of Work, any custom deliverables created by MellowKraft specifically for a Client under a paid engagement ("Work Product") shall, upon full payment of all amounts due, be assigned to the Client. MellowKraft retains a perpetual, royalty-free, worldwide license to use anonymized descriptions, general methodologies, and non-confidential learnings from all engagements for the purpose of improving the Services and marketing.

4.4 Feedback. If you provide MellowKraft with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby grant MellowKraft a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction and without any obligation to you.

4.5 Trademarks. The MellowKraft name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MellowKraft or its affiliates. You must not use such marks without the prior written permission of MellowKraft. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

5.1 General Conduct. You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that could damage, disable, overburden, or impair the Services or servers or networks connected to the Services, or interfere with any other party's use and enjoyment of the Services.

5.2 Prohibited Activities. Without limiting the foregoing, you specifically agree not to:

• (a) Use the Services in any manner that violates any applicable local, state, national, or international law or regulation;
• (b) Transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material;
• (c) Impersonate or attempt to impersonate MellowKraft, a MellowKraft employee, another user, or any other person or entity;
• (d) Use the Services to collect or harvest any personally identifiable information from the Services;
• (e) Use any manual or automated process to monitor or copy any of the material on the Services for any unauthorized purpose;
• (f) Use any device, software, or routine that interferes with the proper working of the Services;
• (g) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• (h) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services;
• (i) Use the contact form or any other inquiry mechanism to submit spam, solicitations, or irrelevant commercial proposals;
• (j) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any component thereof.

6.1 Fees. The fees for MellowKraft's consulting and development services are as set forth in the applicable Statement of Work or Service Agreement. All fees are quoted in Indian Rupees (INR) unless otherwise specified. MellowKraft reserves the right to modify its pricing at any time; however, any such change will not affect fees already agreed upon in a signed Statement of Work.

6.2 Payment Terms. Unless otherwise specified in a Statement of Work, payment is due in accordance with the milestone schedule set forth therein. Invoices not paid within fourteen (14) days of the due date shall accrue interest at the rate of one and a half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower. MellowKraft reserves the right to suspend or terminate Services upon non-payment.

6.3 Taxes. All fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to Goods and Services Tax (GST). You are responsible for paying all taxes associated with your purchases from MellowKraft, excluding taxes based on MellowKraft's net income.

6.4 Refunds. Due to the bespoke and time-intensive nature of MellowKraft's consulting and development services, all fees paid are generally non-refundable. Exceptions may be made at the sole discretion of MellowKraft where there has been material non-performance by the Company attributable solely to the Company. Any claims for refund must be submitted in writing within thirty (30) days of the relevant deliverable date.

7.1 Mutual Confidentiality. Each party (the "Receiving Party") acknowledges that in connection with the Services, it may receive confidential or proprietary information of the other party (the "Disclosing Party"), including but not limited to business plans, technical data, product designs, customer lists, financial information, and marketing plans ("Confidential Information"). The Receiving Party agrees to hold all Confidential Information in strict confidence and not to disclose such information to any third party without the prior written consent of the Disclosing Party.

7.2 Exceptions. Confidentiality obligations shall not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully known to the Receiving Party prior to disclosure; (c) is disclosed to the Receiving Party by a third party without restriction; or (d) is independently developed by the Receiving Party without use of or reference to the Confidential Information.

7.3 Compelled Disclosure. If the Receiving Party is compelled by applicable law or court order to disclose Confidential Information, it shall, to the extent legally permissible, provide the Disclosing Party with reasonable prior written notice of such required disclosure.

8.1 AS-IS BASIS. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MELLOWKRAFT DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

8.2 No Professional Advice. Any information or content provided through the Services does not constitute legal, financial, investment, accounting, or other regulated professional advice. You should seek qualified professional advice before making any significant business or financial decision.

9.1 Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MELLOWKRAFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (D) ANY ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

9.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MELLOWKRAFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MELLOWKRAFT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (B) ONE HUNDRED INDIAN RUPEES (INR 100).

9.3 Essential Basis. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT AN INFORMED ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MELLOWKRAFT AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

10.1 Your Indemnification Obligations. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MellowKraft, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services in a manner not authorized by these Terms; (c) your use of any information obtained from the Services; (d) any claim that materials you provided through the Services infringe upon or violate any third party's intellectual property rights; or (e) your violation of any applicable law or regulation.

10.2 Cooperation. MellowKraft reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MellowKraft, and you agree to cooperate with MellowKraft's defense of such claims. MellowKraft will use reasonable efforts to notify you of any such claim upon becoming aware of it.

11.1 Informal Resolution. Before filing a formal legal claim, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally by contacting MellowKraft at the address provided in Section 16. MellowKraft will attempt to resolve the Dispute informally by contacting you via the email address you provided. If a Dispute is not resolved within sixty (60) days of submission, either party may proceed with formal dispute resolution.

11.2 Arbitration Agreement. You and MellowKraft agree that any Dispute that cannot be resolved informally shall be resolved by binding arbitration under the rules of the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Lucknow, Uttar Pradesh, India, in the English language. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver. YOU AND MELLOWKRAFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and MellowKraft agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

11.4 Exceptions. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

12.1 Governing Law. These Terms and any Dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of India, without giving effect to any choice or conflict of law provisions thereof.

12.2 Jurisdiction. To the extent that any Dispute is not subject to arbitration under Section 11, you and MellowKraft irrevocably submit to the exclusive jurisdiction of the courts located in Lucknow, Uttar Pradesh, India for the resolution of any such Dispute.

13.1 Definition. "Force Majeure Event" means any event beyond a party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, epidemics or pandemics, accidents, strikes, fuel crises, or shortages of transportation, facilities, fuel, energy, labor, or materials, power outages, internet service provider failures, or denial-of-service attacks.

13.2 Effect. Neither party shall be liable for any failure or delay in performance of its obligations under these Terms (other than payment obligations) to the extent such failure or delay is caused by a Force Majeure Event, provided that such party promptly notifies the other party of the Force Majeure Event and uses commercially reasonable efforts to resume performance as soon as reasonably practicable.

14.1 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14.2 Entire Agreement. These Terms, together with any applicable Statement of Work or Service Agreement and the Privacy Policy incorporated herein by reference, constitute the sole and entire agreement between you and MellowKraft with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

14.3 Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

14.4 Assignment. You may not assign any of your rights or delegate any of your obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of MellowKraft. MellowKraft may freely assign or transfer these Terms or any of its rights or obligations hereunder without restriction. Any purported assignment in violation of this section is null and void.

14.5 Notices. All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed given when delivered personally, when sent by confirmed email, or one (1) business day after deposit with a nationally recognized overnight courier service to the addresses provided herein or such other address as a party may designate.

14.6 Electronic Communications. By using the Services, you consent to receiving electronic communications from MellowKraft. You agree that all agreements, notices, disclosures, and other communications that MellowKraft provides to you electronically satisfy any legal requirement that such communications be in writing.

14.7 Headings. The section headings contained in these Terms are for reference and convenience purposes only and shall not affect in any way the meaning or interpretation of these Terms.

15.1 Right to Amend. MellowKraft reserves the right, in its sole discretion, to modify or replace these Terms at any time. Material changes will be communicated to registered users via email or by displaying a prominent notice on the Services. What constitutes a "material change" will be determined at MellowKraft's sole discretion.

15.2 Continued Use. Your continued access to or use of the Services after any revision becomes effective constitutes your acceptance of the revised Terms. If you do not agree to the new terms, in whole or in part, please stop using the Services. The date of the last revision is indicated at the top of this document.

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you wish to exercise any rights described herein, please contact us through the following channels:

We will endeavour to respond to all legitimate inquiries within five (5) business days.