Terms of Service
Last updated: January 1, 2026
These Terms of Service govern your access to and use of the KineticNucleus website located at https://kineticnucleus.com, and, together with any signed Engagement Agreement, govern services provided by KineticNucleus.
Note: This document was drafted to be thorough and protective by default, but it is not a substitute for review by a licensed attorney in your jurisdiction. Laws governing contracts, liability, and consumer protection vary by location — have qualified local counsel review and finalize this before relying on it as your binding terms.
1. Acceptance of terms
By accessing or using this website, submitting an inquiry, or engaging KineticNucleus for services, you agree to be bound by these Terms of Service. If you do not agree, please do not use the site or engage our services.
2. Use of the website
This website and its content are provided for informational purposes about our services. You agree not to misuse the site, attempt unauthorized access to our systems, scrape or harvest data, introduce malicious code, or use the site for any unlawful purpose. We may suspend or restrict access for any user who violates this section.
3. Services engagements govern by a separate agreement
Any services performed by KineticNucleus for a client — including but not limited to website development, web application development, cloud infrastructure, migration, or consulting work — are governed by a separate signed statement of work, proposal, or master services agreement ("Engagement Agreement") for that project. Where a conflict exists between these general website terms and a signed Engagement Agreement, the Engagement Agreement controls for the scope of that project.
4. Payment terms
Unless otherwise agreed in writing, project fees are payable in three milestones: 50% at project kickoff prior to development commencing, 30% at User Acceptance Testing (UAT) prior to the project going live, and the remaining 20% following successful launch. Invoices are due upon receipt unless a different schedule is agreed in the Engagement Agreement. Late payments may result in suspension of work, and any work product, source code, or deliverables may be withheld until outstanding amounts are paid in full. Every project includes two (2) months of complimentary post-launch support limited to bug fixes and stability issues in the delivered scope; new features, requirement changes, or additional development beyond that scope or beyond that period are treated as a new engagement and quoted and billed separately.
5. Change requests and scope
Work is scoped and quoted against the requirements understood at the time of proposal. Requests that materially expand, alter, or add to that scope after work has begun ("Change Requests") will be assessed for additional time and cost and are not included in the original quote or milestone payments unless expressly agreed in writing.
6. Client responsibilities
Timely delivery depends on the client providing necessary access, credentials, content, feedback, and approvals in a reasonably prompt manner. Delays caused by the client's failure to provide timely input, access, or approvals may extend the project timeline accordingly and do not constitute a breach by KineticNucleus.
7. Intellectual property and ownership
All content on this website — including text, graphics, logos, and illustrations — is the property of KineticNucleus unless otherwise noted, and may not be reproduced without permission. For client engagements, unless the applicable Engagement Agreement states otherwise, ownership of custom deliverables (source code, designs, and other work product created specifically for the client) transfers to the client only upon receipt of full and final payment for that engagement. Pre-existing tools, frameworks, libraries, and internal know-how developed by KineticNucleus independently of the engagement remain the property of KineticNucleus and are licensed to the client for use within the delivered product.
8. Confidentiality
Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with an engagement, and to use such information solely for the purpose of the engagement. This obligation survives the completion or termination of an engagement. Where a client requires a separate mutual non-disclosure agreement (NDA) prior to detailed discovery, KineticNucleus is willing to execute one before confidential project details are exchanged.
9. Warranties and disclaimers
KineticNucleus will perform services in a professional and workmanlike manner consistent with generally accepted industry standards. Except as expressly stated in a signed Engagement Agreement, this website and any deliverables are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any software will be entirely free of defects, that operation will be uninterrupted, or that all defects will be corrected, though we will make commercially reasonable efforts to address issues raised during the applicable support period.
10. Limitation of liability
To the fullest extent permitted by applicable law, in no event shall KineticNucleus, its engineers, or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or related to this website or any services provided, even if advised of the possibility of such damages. To the fullest extent permitted by applicable law, KineticNucleus's total aggregate liability arising out of or relating to an engagement shall not exceed the total fees actually paid by the client to KineticNucleus for that specific engagement in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless KineticNucleus, its engineers, and contractors from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your misuse of this website, your breach of these terms, or content or materials you provide to us for use in a project that infringe the rights of a third party.
12. Cancellation and termination
Either party may terminate an active engagement in accordance with the notice and terms set out in the applicable Engagement Agreement. Upon termination, the client is responsible for payment for all work performed and expenses reasonably incurred up to the effective date of termination, including the milestone payment corresponding to work already completed. Sections of these terms and any Engagement Agreement that by their nature should survive termination (including payment obligations, intellectual property, confidentiality, warranties, and limitation of liability) will survive.
13. Force majeure
Neither party will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, internet or infrastructure outages, or governmental action.
14. No allegations without good-faith notice
Before initiating any claim, dispute, or public allegation relating to services performed, the parties agree to first provide written notice of the specific concern and allow a reasonable opportunity (not less than fourteen (14) days) to investigate and, where appropriate, remedy the issue in good faith. This section does not limit either party's legal rights but reflects the parties' agreed first step in resolving disagreements.
15. Dispute resolution
The parties will first attempt to resolve any dispute arising out of or relating to these terms or an engagement through good-faith negotiation. If a dispute cannot be resolved through negotiation within a reasonable period, the parties may pursue any remedy available at law, subject to the governing law and venue set out in the applicable Engagement Agreement.
16. Governing law
These terms, and any Engagement Agreement that does not specify its own governing law, are governed by the laws of the jurisdiction specified in the applicable Engagement Agreement, without regard to conflict of law principles. [KineticNucleus: insert your specific governing jurisdiction here once confirmed with local counsel.]
17. Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign these terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
18. Severability
If any provision of these terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
19. Entire agreement
These terms, together with any applicable Engagement Agreement, constitute the entire agreement between you and KineticNucleus regarding their subject matter and supersede any prior agreements, whether written or oral, regarding that subject matter.
20. Changes to these terms
We may revise these terms from time to time. Continued use of the site after changes are posted constitutes acceptance of the revised terms. Material changes affecting an active Engagement Agreement will be communicated directly to the affected client.
Questions about these terms? Contact us at kineticnucleus@gmail.com or +91 976 976 7088.