Terms of Service

1. Acceptance of Terms

By accessing or using OpenSpark Solutions LLP's ("OpenSpark," "we," "our," or "us") website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Services

OpenSpark provides product strategy, engineering, and commerce services, including but not limited to:

• Product Management
• Product Engineering
• Digital Commerce
• AI & Automation
• Shopify Customization

We also build and offer our own products, Perkly Rewards (an AI-powered loyalty and engagement platform) and Perkly Commerce (an AI-powered social and conversational commerce platform), which are subject to their own separate terms where applicable. The specific scope of any engagement will be outlined in individual project agreements.

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information required for our services
• Grant necessary access to relevant systems, platforms, and stakeholders
• Respond to communications in a timely manner
• Make payments as agreed upon in project agreements
• Maintain your own backups of any relevant data

4. Payment Terms

Payment terms will be specified in individual project proposals. Unless otherwise agreed:

• A deposit may be required before work begins
• Final payment is due upon project completion
• Late payments may incur additional fees

5. Intellectual Property

Upon full payment, you will own the deliverables created specifically for your project. OpenSpark retains ownership of any pre-existing tools, frameworks, or methodologies used in providing services, as well as all intellectual property in Perkly Rewards, Perkly Commerce, and any other OpenSpark products.

6. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of the engagement. This includes but is not limited to business strategies, technical processes, and customer data.

7. Limitation of Liability

OpenSpark shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services. Our total liability shall not exceed the amount paid for the specific service in question.

8. Warranties

We provide our services "as is" and make no warranties, express or implied, regarding the results of our work. While we strive for excellent outcomes, we cannot guarantee specific performance metrics or business results.

9. Termination

Either party may terminate an engagement with written notice. Upon termination, you will be responsible for payment for all work completed up to the termination date.

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of India. Any disputes shall be resolved through good-faith negotiation or, if necessary, through the appropriate courts.

11. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of the modified terms.

12. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: contact@openspark.in