Terms & Conditions

1. Introduction

Welcome to Koncepts Lab Private Limited ("Company", "we", "our", "us")!

These Terms of Service ("Terms") govern your access to and use of our website located at konceptslab.com (collectively referred to as the "Service") operated by Koncepts Lab Private Limited.

Our Privacy Policy also governs your use of the Service and explains how we collect, safeguard, and disclose information that results from your use of our website.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood these Agreements and agree to be bound by them.

If you do not agree with these Terms or cannot comply with them, you may not use the Service. For questions or clarifications, please contact us at hello@konceptslab.com.

These Terms apply to all visitors, users, and others who wish to access or use our Service.

2. Communications

By using our Service, you agree to receive newsletters, promotional materials, and other information we may send. You may opt out of receiving such communications at any time by following the unsubscribe link or emailing us at hello@konceptslab.com.

3. Services and Payments

If you engage Koncepts Lab for any service — including but not limited to website development, application development, design, cloud, or marketing services — you may be asked to provide certain billing and project-related information such as your name, contact details, and payment information.

You represent and warrant that:

• You have the legal right to use any payment method provided; and
• The information you provide is accurate and complete.

We may use third-party service providers to process payments. By submitting your information, you authorize us to share it with those third parties in accordance with our Privacy Policy.

Koncepts Lab reserves the right to decline or terminate any project or transaction if fraud or unauthorized activity is suspected.

4. Project Deliverables and Revisions

All project timelines, deliverables, and milestones will be agreed upon in writing before project initiation.

Revisions beyond the agreed scope or delays caused by the client (e.g., pending feedback, incomplete inputs) may affect delivery timelines and cost.

5. Intellectual Property and Ownership

Upon full payment, the final deliverables (website, app, design, or marketing materials) created specifically for you become your property.

However, all pre-existing code, frameworks, methodologies, or proprietary tools used by Koncepts Lab to deliver the project remain the intellectual property of Koncepts Lab.

You are not permitted to reuse, distribute, or resell any part of our proprietary assets without prior written consent.

6. Confidentiality

Both parties agree to treat all project-related and business information as confidential. Neither party shall disclose such information to any third party without written consent, except as required by law.

7. Warranties and Limitations

Koncepts Lab makes every effort to ensure that the Services are delivered with accuracy, performance, and reliability. However, all Services are provided on an "as is" and "as available" basis.

We do not warrant that the website, applications, or other deliverables will be uninterrupted or error-free at all times.

8. Limitation of Liability

8.1 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, in no event shall Koncepts Lab Private Limited, its directors, officers, employees, contractors, or affiliates be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, or anticipated savings
• Loss of data or information (subject to our backup practices)
• Business interruption or downtime
• Loss of goodwill or reputation
• Costs of procurement of substitute goods or services

Even if Koncepts Lab has been advised of the possibility of such damages, and regardless of whether the claim is based in contract, tort (including negligence), breach of warranty, breach of statutory duty, or any other legal theory.

8.2 Maximum Aggregate Liability Cap

Koncepts Lab's total aggregate liability to you for all claims arising out of or relating to this Agreement, the Services, or the deliverables, whether in contract, tort, negligence, breach of warranty, or otherwise, shall not exceed the lesser of:

1. Fifty percent (50%) of the total project value as specified in the applicable Master Services Agreement (MSA), Statement of Work (SOW), or written quotation; or
2. The total amounts actually paid by you to Koncepts Lab for the specific project or service giving rise to the claim in the twelve (12) month period immediately preceding the date the claim arose.

For clarity, this is an aggregate cap applying to all claims collectively, not a per-claim or per-incident limit.

8.3 Basis of the Bargain

You acknowledge and agree that the fees charged by Koncepts Lab reflect this allocation of risk and limitation of liability. These limitations are fundamental elements of the basis of the agreement between you and Koncepts Lab, and Koncepts Lab would not be able to provide the Services on an economically reasonable basis without these limitations.

8.4 Exceptions

The limitations in this Section 8 shall not apply to:

• Claims arising from Koncepts Lab's willful misconduct, gross negligence, or fraud
• Breaches of confidentiality obligations under Section 6
• Breaches of intellectual property indemnification (if applicable)
• Death or personal injury caused by Koncepts Lab's negligence
• Liabilities that cannot be limited under applicable Indian law

8.5 Warranties Disclaimer

Koncepts Lab makes every reasonable effort to ensure that the Services are delivered with quality, accuracy, and reliability. However, except as expressly stated in a written MSA or SOW:

• All Services and deliverables are provided on an "as is" and "as available" basis
• Koncepts Lab disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Koncepts Lab does not warrant that the Services, website, applications, or deliverables will be uninterrupted, error-free, secure, or free from viruses or other harmful components

8.6 Time Limitation on Claims

Any claim against Koncepts Lab must be brought within twelve (12) months from the date the cause of action arose, or such claim shall be permanently barred.

9. Refund and Payment Recovery Policy

9.1 No Refund Policy

All payments made to Koncepts Lab are non-refundable once:

• Project initiation has begun (including but not limited to discovery, research, or design phases)
• Any work has commenced
• Resources have been allocated to your project
• Third-party licenses, tools, or services have been purchased on your behalf

9.2 Internal Review Process

In exceptional circumstances, refund requests may be considered only through Koncepts Lab's internal review process. The decision to grant any refund shall be at Koncepts Lab's sole and absolute discretion.

Exceptional circumstances may include (but are not limited to):

• Technical failure or system error on Koncepts Lab's end before any work has commenced
• Cancellation by the client before project initiation and resource allocation
• Circumstances deemed appropriate by Koncepts Lab's management in its sole discretion

9.3 Maximum Refund Cap

Even if a refund is approved through the internal review process:

• The refund amount shall never exceed fifty percent (50%) of the total project value
• The refund shall be further subject to the terms of the applicable Master Services Agreement (MSA) or Statement of Work (SOW)
• Deductions will be made for:
  • Work already completed
  • Resources already allocated
  • Third-party costs already incurred
  • Administrative and processing costs

9.4 MSA Governs

Where a Master Services Agreement (MSA) or Statement of Work (SOW) exists between you and Koncepts Lab, the payment, refund, and liability terms specified in that MSA or SOW shall take precedence over these general Terms of Service. Any refund or payment recovery shall be strictly governed by the terms of such MSA or SOW.

9.5 No Automatic Right to Refund

You expressly acknowledge and agree that:

• There is no automatic or guaranteed right to a refund
• All refund decisions require formal internal review and approval
• Refund requests do not constitute acceptance of liability by Koncepts Lab
• Acceptance of a refund (if granted) constitutes full and final settlement of all claims related to the project

9.6 Payment Disputes

If you dispute any invoice or payment:

• You must notify Koncepts Lab in writing within seven (7) business days of the invoice date
• Koncepts Lab reserves the right to suspend Services until payment disputes are resolved
• Failure to pay undisputed amounts may result in termination of Services and legal action to recover amounts owed

10. Prohibited Uses

You agree not to use our Service or deliverables:

• For any unlawful or unauthorized purpose
• To infringe on the rights or intellectual property of others
• To distribute malware or malicious code
• To attempt unauthorized access to our systems or networks

11. Third-Party Links and Tools

Our website and projects may include links or integrations to third-party tools or platforms (e.g., Google Analytics, CMS plugins, APIs). We do not control or assume responsibility for their content or data practices. Please review their respective Terms of Service and Privacy Policies.

12. Termination

We reserve the right to terminate or suspend your access to our website or Services at any time, without prior notice, for reasons including but not limited to:

• Violation of these Terms, or
• Misuse of Services

Upon termination, your right to use our Service will cease immediately.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising from these Terms shall fall under the exclusive jurisdiction of the courts of Kerala, India.

14. Changes to Terms

Koncepts Lab may revise these Terms of Service from time to time. Updated versions will be posted on this page with a revised date. Your continued use of our website or Services after any such updates constitutes acceptance of the new Terms.

15. Acknowledgement

By using our website or engaging in our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.

You further acknowledge that:

1. You have read and understood the limitation of liability and refund provisions in Sections 8 and 9
2. You have had the opportunity to seek independent legal advice
3. You accept these terms as reasonable and appropriate for the Services provided
4. You waive any claims that exceed the limitations specified herein

16. Contact Us

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

• Email: hello@konceptslab.com
• Website: konceptslab.com