Terms & Conditions

Please read these terms carefully before using our services

Last Updated: 3 November 2025

1. Acceptance of Terms

By accessing and using the services of Kynetics BSD Limited ("Company", "we", "us", or "our"), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

These terms apply to all users of our services, including clients, visitors, and any other individuals or entities accessing our website or engaging with our software development services.

2. Eligibility

Our services are available to:

Individuals aged 18 years or older

Companies and business entities legally registered and authorized to enter into contracts

Organizations with the legal capacity to be bound by these terms

By using our services, you represent and warrant that you meet these eligibility requirements. If you are entering into these terms on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.

3. Services Description

Kynetics BSD Limited provides custom software development services, including but not limited to:

Full-stack web application development

Mobile application development (iOS and Android)

UI/UX design services

Cloud solutions and infrastructure

Data analytics and business intelligence

Digital strategy consulting

Technical support and maintenance

All services are subject to availability and may be modified, suspended, or discontinued at our discretion with reasonable notice to clients.

4. Payment Terms

4.1 Payment Methods

We accept payments through:

Direct bank transfer (with reference number)

PayPal

Stripe

Other payment methods as agreed in writing

4.2 Deposits and Project Fees

A deposit may be required before commencing work on any project

Deposits are calculated based on project scope and are non-refundable once work has commenced

Project fees will be outlined in a separate Statement of Work or project agreement

4.3 Invoicing and Payment Schedule

Payment terms will be specified in your project agreement

Late payments may incur interest charges and/or suspension of services

All fees are exclusive of applicable taxes unless otherwise stated

5. Refund and Cancellation Policy

5.1 Deposits

Deposits are retained based on work completed at the time of cancellation

Refunds will be calculated by subtracting the value of work completed from the total deposit paid

5.2 Project Cancellation

Clients may cancel projects with written notice

A cancellation fee will be applied based on:

- Work already completed

- Resources allocated to the project

- Time invested in planning and development

Final cancellation costs will be itemized and communicated within 7 business days

5.3 Refund Process

Approved refunds will be processed within 14-21 business days

Refunds will be issued using the original payment method when possible

6. Intellectual Property Rights

6.1 Client-Owned IP

Upon full payment, clients receive ownership of custom code and deliverables created specifically for their project

Pre-existing tools, frameworks, and libraries used in development remain under their respective licenses

6.2 Company-Owned IP

We retain rights to:

- Our development methodologies and processes

- Reusable code components and libraries

- Templates and frameworks developed independently

- Any work created before the project agreement

6.3 Third-Party Components

Some projects may incorporate open-source or third-party software

These components remain subject to their original licenses

We will disclose any third-party components used in your project

7. Confidentiality

7.1 Non-Disclosure

We agree to keep confidential:

Your business information and trade secrets

Project specifications and requirements

Any data or information marked as confidential

Customer and user data accessed during development

7.2 Exceptions

We may disclose information when:

Required by law or legal process

Necessary to protect our rights or property

Consented to in writing by you

The information becomes publicly available through no fault of ours

7.3 Duration

Our confidentiality obligations continue for 3 years after project completion or termination of services.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

Services will be performed with reasonable skill and care

Work will substantially conform to agreed specifications

We have the right to provide the services offered

8.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY PROVIDED, WE PROVIDE SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.3 No Guarantee of Results

While we strive for excellence, we do not guarantee:

Specific business outcomes or revenue results

Compatibility with all future third-party services or platforms

Uninterrupted or error-free operation in all environments

9. Limitation of Liability

9.1 Maximum Liability

Our total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific services giving rise to the claim during the 12 months preceding the claim.

9.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages

Loss of profits, revenue, data, or business opportunities

Cost of substitute services

Business interruption or loss of goodwill

9.3 Exceptions

Nothing in these terms excludes or limits our liability for:

Death or personal injury caused by negligence

Fraud or fraudulent misrepresentation

Any liability that cannot be excluded by law

10. Data Protection and Privacy

We are committed to protecting your privacy and complying with applicable data protection laws, including GDPR (EU), UK GDPR, and CCPA (California).

For detailed information about how we collect, use, and protect your data, please review our Privacy Policy at [privacy-policy-link].

Key points:

We collect only necessary information for service delivery

We implement appropriate security measures

We do not sell your personal data

You have rights regarding your personal data

We comply with international data protection regulations

11. Client Responsibilities

You agree to:

Provide accurate and complete information

Respond to requests for information in a timely manner

Provide necessary access to systems and data as required

Comply with all applicable laws and regulations

Obtain necessary permissions and licenses for project materials

Review and approve deliverables within agreed timeframes

Make timely payments according to the agreed schedule

Maintain confidentiality of any access credentials provided

12. Termination

12.1 Termination by Either Party

Either party may terminate ongoing services with 30 days written notice, subject to:

Payment for all work completed

Delivery of work in progress in its current state

Settlement of any outstanding invoices

12.2 Immediate Termination

We reserve the right to terminate immediately if:

You breach these terms

Payment is significantly overdue

You engage in fraudulent or illegal activities

The working relationship becomes untenable

12.3 Effect of Termination

Upon termination:

All outstanding payments become immediately due

We will deliver completed work and work in progress

Confidentiality obligations survive termination

Licenses granted survive termination per their terms

13. Modifications to Terms

We reserve the right to modify these terms at any time. Changes will be effective:

Immediately for new users

30 days after notice for existing clients

We will notify you of material changes via:

Email to your registered address

Notice on our website

In-app notification (if applicable)

Your continued use of our services after changes take effect constitutes acceptance of the modified terms.

14. Dispute Resolution

14.1 Informal Resolution

We encourage you to contact us first to resolve any disputes informally.

14.2 Governing Law

These terms are governed by the laws of:

United Kingdom (for UK clients)

European Union (for EU clients)

United States (for US clients)

The specific jurisdiction will be determined by your primary business location.

14.3 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts in the applicable jurisdiction based on your location.

14.4 Arbitration

For international disputes, parties agree to first attempt resolution through binding arbitration under the rules of the International Chamber of Commerce (ICC).

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to:

Natural disasters (earthquakes, floods, storms)

War, terrorism, or civil unrest

Government actions or regulations

Pandemics or epidemics

Internet or telecommunications failures

Power outages or equipment failures

Labor disputes or strikes

Acts of God

During such events, our obligations will be suspended for the duration of the force majeure event.

16. General Provisions

16.1 Entire Agreement

These terms, together with any project agreements and our Privacy Policy, constitute the entire agreement between you and Kynetics BSD Limited.

16.2 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full effect.

16.3 Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these terms without our written consent. We may assign these terms without restriction.

16.5 Independent Contractors

Nothing in these terms creates a partnership, joint venture, or employment relationship between you and us.

16.6 Contact for Legal Matters

For questions about these terms, contact us at:

Email: info@kyneticsbsd.com

Subject: Legal Inquiry - Terms and Conditions

Questions About These Terms?

If you have any questions or concerns about these Terms and Conditions, please don't hesitate to contact us.