1. Acceptance of these terms
These Terms of Service (the “Terms”) form a binding agreement between you and Doingly Analysis & Consultancy (“Doingly”, “we”, “our”, or “us”). By accessing our website, creating an account, signing an engagement, or otherwise using our services, you confirm that you have read, understood, and agreed to these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
2. Our services
Doingly offers consulting and engineering services including:
- Analysis, advisory, and part-time CTO engagements.
- Website, application, and full product development.
- Cybersecurity audits and remediation.
- Managed IT and cloud infrastructure support.
- Code rescue and production hardening for AI-generated codebases.
The exact scope, deliverables, timelines, and fees for any paid engagement are defined in a separate written statement of work, proposal, or engagement letter (each, an “Engagement Agreement”). In the event of conflict between these Terms and an Engagement Agreement, the Engagement Agreement governs the engagement-specific subject matter.
3. Eligibility and accounts
You must be at least 18 years old and capable of entering into a binding contract to use our services. You agree to provide accurate account information, to keep your credentials confidential, and to notify us promptly of any unauthorised use. You are responsible for activity that occurs under your account.
4. Fees and payment
- Pricing. Fees, deliverables, and payment schedule are set out in the applicable Engagement Agreement.
- Invoicing. Invoices are issued through the client portal and are payable in the currency stated on the invoice.
- Payment processing. Online payments are processed by Razorpay. Your interactions with the payment provider are governed by the provider’s own terms.
- Taxes. Fees are exclusive of GST and any other applicable taxes, which will be added to invoices where required by law.
- Late payment. Invoices unpaid 30 days after the due date may incur a reasonable late fee and may pause active work until cleared.
- Refunds. Refunds are governed by the relevant Engagement Agreement. Time and materials already delivered are non-refundable except where required by law.
5. Intellectual property
5.1 Work product
Subject to receipt of all fees due, on final acceptance of an Engagement we assign to you the intellectual property rights in the bespoke deliverables created for that Engagement, excluding pre-existing materials, third-party components, and our reusable methodologies.
5.2 Pre-existing and reusable materials
We retain ownership of our pre-existing know-how, tools, templates, libraries, and methodologies, and of any general improvements made to them during an Engagement. Where these materials are embedded in deliverables, we grant you a non-exclusive, worldwide, royalty-free licence to use them as part of the deliverable.
5.3 Client materials
You retain ownership of all materials you provide to us. You grant us a limited licence to use them for the sole purpose of delivering the Engagement.
5.4 Portfolio rights
Unless you tell us in writing not to, we may reference the fact that we worked with you, display your name and logo, and use non-confidential extracts of the work for portfolio and case-study purposes.
6. Confidentiality
Each party will protect the other’s confidential information with reasonable care, use it only for the purpose of the engagement, and not disclose it to third parties except to advisors and sub-processors bound by equivalent obligations. Confidentiality survives termination of these Terms.
7. Acceptable use
You agree not to:
- Use the services to violate any law or third-party right.
- Interfere with or attempt to bypass our security, rate limits, or access controls.
- Reverse engineer, scrape, or attempt to extract source code, except as expressly permitted in an Engagement Agreement.
- Upload malicious code, illegal content, or content that infringes the rights of others.
- Resell or sublicense the services without our written permission.
8. Warranties
We will perform our services with reasonable skill and care. Except as expressly stated in an Engagement Agreement, our services and any deliverables are provided on an “as is” basis without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business opportunity, arising out of or in connection with these Terms.
Each party’s total aggregate liability arising out of or in connection with these Terms and any Engagement Agreement is capped at the fees paid by you to Doingly in the 12 months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or gross negligence.
10. Indemnification
You agree to indemnify and hold Doingly harmless against third-party claims arising from (a) your misuse of the services, (b) your breach of these Terms, or (c) materials you provided to us that infringe third-party rights or violate law.
11. Term and termination
- These Terms apply for as long as you use our services.
- Either party may terminate an Engagement for material breach by the other that is not cured within 14 days of written notice.
- We may suspend or terminate access to the client portal immediately if we reasonably believe it is being used in violation of these Terms or applicable law.
- On termination, accrued fees become due, confidentiality and intellectual property provisions survive, and we will return or delete your data on request subject to legal retention duties.
12. Privacy
Our handling of personal information is described in our Privacy Policy. By using our services, you acknowledge that policy.
13. Force majeure
Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, civil unrest, labour disputes, outages by third-party infrastructure providers, or government action. The affected party will notify the other promptly and resume performance as soon as practicable.
14. Governing law and jurisdiction
These Terms are governed by the laws of India. The courts of Bengaluru, Karnataka, India have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except where applicable law gives you the right to bring proceedings in your local jurisdiction.
15. Changes to these terms
We may revise these Terms from time to time. Material changes will be announced on this page and the “Last updated” date will change. If a change materially reduces your rights, we will provide reasonable advance notice. Continued use of our services after the change constitutes acceptance.
16. General
- Entire agreement. These Terms together with any applicable Engagement Agreement form the entire agreement between you and Doingly on this subject.
- Severability. If any provision is held invalid, the remaining provisions remain in full effect.
- No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Notices. Legal notices to us must be sent to legal@doingly.in.
17. Contact
Legal queries and contract notices: legal@doingly.in
General queries: hello@doingly.in