Terms & Conditions

These Terms and Conditions (“Terms”) govern all consultancy, design, development, and research services provided by Triterria (“the Company”) to the Client. By engaging Triterria’s services, confirming a quotation, issuing a purchase order, or making any payment toward the initial milestone, the Client is deemed to have read, understood, and unconditionally accepted these Terms in full.

1. Nature of Services: All services rendered by Triterria are of a research and development (R&D) nature. While the Company shall exercise its professional skill, experience, and reasonable best efforts to achieve the desired technical objectives, the Client acknowledges that all R&D work inherently involves uncertainties and experimental outcomes. Accordingly, Triterria does not guarantee or warrant any specific result, performance, or functionality. All services, deliverables, and recommendations are provided on a best-effort basis and without any express or implied warranties, and the Company shall bear no liability for any loss, damage, or failure arising therefrom.
2. Liability and Risk: The Client acknowledges that R&D and prototype activities involve certain inherent risks. Triterria shall act with due diligence and take reasonable measures to mitigate such risks; however, the Client accepts that the Company shall not be liable for any direct, indirect, incidental, or consequential loss, damage, or failure of any hardware, software, or firmware developed, integrated, or tested under the engagement. All deliverables are intended solely for research, development, and evaluation purposes unless expressly stated otherwise in writing.
3. Limitation of Liability: Notwithstanding anything to the contrary contained herein, the total cumulative liability of Triterria, whether in contract, tort, negligence, or otherwise, arising out of or in connection with the services provided, shall not exceed the total amount of fees actually paid by the Client to Triterria for the specific project giving rise to such claim. Under no circumstances shall Triterria be liable for any indirect, consequential, incidental, exemplary, or punitive damages, including but not limited to loss of data, loss of profits, loss of business opportunity, or interruption of operations.
4. Client Responsibilities: The Client shall provide Triterria with all required data, materials, hardware components, software access, documentation, and timely approvals necessary for the execution of the project. Triterria shall coordinate and communicate in good faith with the Client to facilitate efficient progress. Any delay, omission, or failure by the Client to provide such cooperation shall correspondingly extend project timelines, and Triterria shall bear no responsibility for resulting delays or performance limitations.
5. Damage to Components and Development Kits: Triterria shall exercise due care during all installation, integration, and development activities. However, the Client acknowledges that unintentional damage to components, development kits, or hardware may occur as part of experimental or prototyping work. In such events, Triterria shall not be held liable, and the Client shall promptly provide replacement parts or equipment at its own cost to avoid delay or disruption of project timelines.
6. Timelines and Delivery: All timelines, schedules, and milestone dates communicated by Triterria are indicative estimates only and do not constitute a guarantee or binding commitment. Triterria shall endeavor, in good faith, to adhere to agreed timelines; however, such timelines are subject to variation based on project complexity, material or component availability, experimental results, dependencies, and other external or technical factors beyond the Company’s control. No claims or penalties shall arise solely from delay in delivery.
7. Costing and Scope: The fees and charges quoted by Triterria correspond exclusively to the scope of work specified in the respective quotation or proposal. Any change in scope, additional requirement, or unforeseen technical challenge encountered during the course of R&D shall be handled transparently and shall constitute a separate chargeable item, subject to mutual written agreement between the parties.
8. Change Control: Any modification, deviation, or enhancement to the agreed scope of work must be formally documented and approved in writing by both parties, including corresponding adjustments to the project cost and schedule. Triterria shall evaluate all such change requests in good faith. Verbal or informal instructions shall not be binding on the Company.
9. Payment and Termination: Payments shall be made strictly in accordance with the agreed milestone or invoicing schedule. All payments corresponding to completed milestones are non-refundable. In the event of termination of the project by either party prior to completion, Triterria shall be entitled to retain all milestone payments already received, and the Client shall have no claim for refund or further deliverables. Commencement of any work shall be contingent upon receipt of the initial milestone payment, which shall also constitute deemed acceptance of these Terms.
10. Intellectual Property: Unless otherwise agreed in writing, all intellectual property rights, including but not limited to software code, hardware schematics, firmware, documentation, and prototypes developed by Triterria, shall remain the exclusive property of Triterria until full and final payment is received. Upon receipt of full payment, relevant IP rights or deliverables may be transferred or licensed to the Client in accordance with the specific provisions of the quotation. Triterria reserves the right to reuse any non-confidential methodologies, algorithms, design elements, or know-how developed during the project in future engagements.
11. Use of Deliverables: The deliverables provided by Triterria, including prototypes, software, and firmware, are supplied solely for internal testing, evaluation, and developmental purposes. While Triterria endeavors to ensure technical soundness and quality, such deliverables shall not be used for commercial production, resale, or large-scale deployment without the Company’s prior written consent. Triterria shall not be liable for any damages, failures, or losses arising from any unauthorized or premature commercial application.
12. Third-Party Components: Where deliverables rely upon third-party materials, software, or open-source components, Triterria shall exercise reasonable care in their selection and integration. However, the Company provides no warranty, representation, or assurance concerning such third-party materials and shall not be liable for any associated licensing, compatibility, or usage issues. The Client shall ensure compliance with all applicable third-party license terms.
13. Data and Backup: Triterria shall take reasonable precautions to avoid data loss or corruption during the execution of services. However, the Client shall remain solely responsible for maintaining adequate and up-to-date backups of all data, source code, and related materials. Triterria shall not be liable for any data loss, corruption, or alteration arising during the course of work.
14. Confidentiality: Each party shall treat as confidential and shall not disclose to any third party any proprietary or technical information received from the other party in connection with the project, except as required for performance of the services. Triterria shall employ reasonable safeguards to protect the confidentiality of Client data. This obligation shall survive the completion or termination of the project, unless superseded or overridden by a subsequent written agreement between the parties.
15. Warranties and Indemnities: Triterria shall perform all services with due professional care and skill consistent with industry standards. Except as expressly provided herein, Triterria disclaims all other warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or commercial readiness. The Client shall indemnify, defend, and hold harmless Triterria, its employees, and affiliates against any and all claims, losses, or liabilities arising from the Client’s use, modification, or distribution of the deliverables.
16. Non-Solicitation: During the project term and for a period of twelve (12) months thereafter, the Client shall not directly or indirectly solicit, employ, or engage any employee, consultant, or contractor of Triterria without the prior written consent of the Company.
17. Force Majeure: Triterria shall not be held liable for any delay or failure in performance due to events or circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, equipment failures, supply chain disruptions, governmental actions, labor disputes, or other force majeure events. The Company shall take reasonable measures to mitigate the impact of such events and resume work as soon as practicable.
18. Independent Contractor: Triterria is engaged by the Client as an independent contractor. Nothing contained in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.
19. Severability and Amendment: If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Any amendments or variations to these Terms shall be valid only if made in writing and mutually agreed upon by both parties.
20. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of India. Any dispute, claim, or controversy arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts situated at Delhi and Ghaziabad, India.
21. Acceptance: These Terms form an integral part of Triterria’s quotation and shall be deemed accepted by the Client upon confirmation of order, issuance of purchase order, or payment of the initial milestone, whichever occurs first. No physical or digital signature shall be required for acceptance, and commencement of work shall constitute full and binding consent to these Terms.
22. Testing and Validation: Triterria shall apply sound engineering practices and quality assurance processes during development to minimize technical risks. However, the Client shall be solely responsible for comprehensive testing, validation, and verification of all deliverables prior to any production or commercial use. Triterria shall not be liable for any losses or damages arising from untested or unvalidated use of deliverables.
23. Publicity Rights: Unless otherwise agreed in writing, Triterria may reference the Client’s name, logo, and a general description of the services rendered for the limited purpose of marketing, case studies, or portfolio presentations, provided that no confidential information is disclosed.