Terms of Service

1. Acceptance of Terms

By accessing and using ThoughtPenguin's website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Services Description

ThoughtPenguin provides digital development services including but not limited to:

• Web development and design
• Mobile application development
• E-commerce solutions and Shopify development
• AI solutions and automation
• Cloud services and DevOps
• CMS development and customization
• CRM automation and integration
• Web hosting and maintenance services

3. Client Responsibilities

As our client, you agree to:

• Provide accurate and complete information necessary for project completion
• Respond to requests for feedback and approvals in a timely manner
• Make payments according to agreed terms and schedules
• Respect intellectual property rights of third parties
• Not use our services for illegal or harmful activities
• Maintain confidentiality of any proprietary information shared

4. Payment Terms

Payment terms will be specified in individual project agreements. General terms include:

• Project deposits are typically required before work begins
• Milestone payments may be required for larger projects
• Final payment is due upon project completion
• Late payments may incur additional fees
• Refunds are handled on a case-by-case basis

5. Intellectual Property

Intellectual property rights are governed as follows:

• Client retains ownership of their content, data, and materials provided
• ThoughtPenguin retains rights to general methodologies and frameworks
• Custom code and designs become client property upon full payment
• Third-party components remain under their respective licenses
• ThoughtPenguin may showcase completed work in portfolios with client consent

6. Project Timelines and Deliverables

Project timelines and deliverables are subject to:

• Timelines are estimates and may be affected by scope changes
• Client delays in providing feedback may impact delivery dates
• Force majeure events may cause reasonable delays
• Change requests may result in additional time and costs
• Final deliverables are provided upon completion of payment

7. Warranty and Support

Our warranty and support terms include:

• We provide a limited warranty on custom development work
• Bug fixes are provided for a specified period post-launch
• Support terms are defined in individual project agreements
• Third-party integrations are supported according to vendor terms
• Ongoing maintenance services are available separately

8. Limitation of Liability

ThoughtPenguin's liability is limited to the maximum extent permitted by law. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

9. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of the business relationship. This includes but is not limited to business strategies, technical specifications, user data, and financial information.

10. Termination

Either party may terminate services under the following conditions:

• Material breach of contract by either party
• Non-payment of fees after proper notice
• Mutual agreement between both parties
• Completion of project deliverables

11. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, or government regulations.

12. Governing Law

These terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts in India.

13. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the new terms.

14. Trademarks

All third-party brand names, product names, and trademarks mentioned on this website — including but not limited to Shopify, WooCommerce, WordPress, Amazon Web Services, Microsoft Azure, Google Cloud Platform, Docker, Kubernetes, React, React Native, Flutter, Contentful, Strapi, Zoho, HubSpot, Salesforce, OpenAI, LangChain, Cloudflare, Terraform, Figma, and Bluehost — are the property of their respective owners. Their mention on this website is for identification purposes only and does not imply any endorsement, sponsorship, or affiliation with ThoughtPenguin. MoodToonz and TrackFluenz are products of ThoughtPenguin.

15. Contact Information

For questions about these Terms of Service, please contact us: