Terms and Conditions

1. Definitions

For the purposes of these Terms:

• "Company," "We," "Us," or "Orion" refers to Orion App Tech
• "Client," "You," or "Your" refers to the individual or entity accessing our website or engaging our services
• "Services" refers to software development, AI/ML solutions, game development, and related services provided by Orion App Tech
• "Agreement" refers to the contractual relationship between Orion and the Client, including these Terms and any project-specific contracts
• "Deliverables" refers to the software, applications, code, documentation, or other work products created by Orion for the Client
• "Website" refers to orionapptech.com and all associated domains

2. Acceptance of Terms

By accessing our website, submitting an inquiry, or engaging our services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms
• You are at least 18 years old and have the legal capacity to enter into binding contracts
• If representing a company, you have the authority to bind that entity to these Terms
• You will comply with all applicable laws and regulations
• You have reviewed our Privacy Policy and consent to our data practices

3. Services Overview

Orion App Tech provides custom software development services across multiple domains:

3.1 Core Development Services

• Website Development: Landing pages, corporate websites, e-commerce platforms, web applications, PWAs, CMS implementation, and API development
• App Development: Native iOS (Swift), native Android (Kotlin), and cross-platform (React Native, Flutter) mobile applications
• AI & Machine Learning: Natural language processing, computer vision, predictive analytics, chatbots, sentiment analysis, and custom ML models

3.2 Game Development

• Multiplayer gaming platforms (Ludo, Rummy, Poker, 3 Patti)
• Casino and roulette games
• Sports games (Cricket, Football, Fantasy Sports)
• E-sports platforms and virtual money games
• Real-money gaming infrastructure with secure payment integration
• Tournament systems and anti-cheat mechanisms

3.3 Industry-Specific Solutions

Specialized solutions for Finance, Healthcare (HIPAA-compliant), E-commerce, Travel, Real Estate, Education, Logistics, NGOs, Fitness, Taxi/Ride-sharing, Food Delivery, and other industries.

4. Website Use

4.1 Permitted Use

You may use our website to:

• Learn about our services and company
• Request quotes and submit inquiries
• Contact us for business purposes
• Subscribe to newsletters and updates
• View case studies and testimonials

4.2 Prohibited Activities

You agree NOT to:

• Use automated systems (bots, scrapers) to access the website without permission
• Attempt to gain unauthorized access to our systems or networks
• Transmit viruses, malware, or harmful code
• Impersonate others or provide false information
• Violate any applicable laws or regulations
• Interfere with the proper functioning of the website
• Copy, reproduce, or distribute our content without authorization
• Use the website for illegal, fraudulent, or malicious purposes

5. Service Engagement Terms

5.1 Project Initiation Process

• Discovery Phase: Initial consultation to understand requirements
• Proposal: Detailed project scope, timeline, and cost estimate
• Agreement: Signed contract or statement of work (SOW)
• Advance Payment: Initial payment to commence work
• Execution: Development according to agreed milestones

5.2 Project Scope and Changes

The project scope will be defined in the proposal or SOW. Any changes to the scope, timeline, or budget require:

• Written change request from the Client
• Impact assessment by Orion (time, cost, and feasibility)
• Mutual written approval of changes
• Updated timeline and payment schedule if applicable

5.3 Client Responsibilities

To ensure successful project delivery, Clients must:

• Provide clear, complete, and accurate project requirements
• Supply necessary content, assets, branding materials, and access credentials
• Respond to communications and provide feedback within agreed timeframes
• Review and approve deliverables at each milestone
• Ensure timely payments according to the agreement
• Designate a primary point of contact for the project
• Obtain necessary licenses for third-party services, APIs, or content

5.4 Milestone-Based Delivery

Projects are typically delivered in milestones with Client review and approval at each stage. Delays caused by Client feedback, content provision, or approvals may extend project timelines accordingly.

6. Intellectual Property Rights

6.1 Client Ownership of Deliverables

Upon receipt of full payment, the Client owns all custom code, designs, and deliverables specifically created for the project. Orion transfers all intellectual property rights to the Client for custom work developed during the engagement.

6.2 Orion's Retained Rights

Orion retains ownership of:

• Pre-existing code, frameworks, libraries, and tools
• Proprietary methodologies and processes
• Reusable components and templates
• General knowledge and expertise gained during the project

The Client receives a non-exclusive, perpetual license to use these pre-existing materials as part of the delivered solution.

6.3 Third-Party Components

Deliverables may include third-party open-source libraries, frameworks, or components. These remain subject to their original licenses (MIT, Apache, GPL, etc.). The Client is responsible for complying with these licenses.

6.4 Client-Provided Materials

The Client warrants that all content, assets, trademarks, and materials provided to Orion:

• Are owned by the Client or properly licensed
• Do not infringe on third-party intellectual property rights
• Are provided with authorization for use in the project

6.5 Portfolio Rights

Unless otherwise agreed in writing, Orion reserves the right to:

• Showcase the project in our portfolio, case studies, and marketing materials
• Reference the Client and project in proposals and presentations
• Use screenshots and descriptions of the work (with Client's brand visible)

Clients may request confidential treatment by notifying us in writing prior to or during the project.

7. Payment Terms

7.1 Payment Structure

Unless otherwise specified in the agreement, projects typically follow a milestone-based payment structure:

• 30% Advance: Due upon signing the agreement to initiate the project
• 40% Midway: Due upon completion of mid-project milestones
• 30% Final: Due upon project completion and before final delivery

Specific payment schedules will be outlined in the project proposal or SOW.

7.2 Payment Methods

We accept payments via:

• Bank transfer (wire transfer)
• Credit/debit cards (Visa, Mastercard, American Express)
• Online payment platforms (PayPal, Stripe, Wise)
• Other methods as agreed in writing

7.3 Currency and Invoicing

• Payments are typically quoted in USD or INR as specified in the agreement
• Invoices will be sent via email with payment instructions
• Payment is due within the timeframe specified in the invoice (typically 7-15 days)
• Taxes (VAT, GST, or other applicable taxes) will be added as required by law

7.4 Late Payments

Late payments may result in:

• Suspension of work until payment is received
• Late payment fees (as specified in the agreement or allowed by law)
• Withholding of deliverables and source code
• Termination of the agreement for non-payment

7.5 Additional Costs

Unless included in the project quote, the following are Client's responsibility:

• Domain registration and hosting services
• Third-party API licenses and subscriptions
• SSL certificates and security services
• App store developer accounts (Apple, Google)
• Premium plugins, themes, or software licenses
• Stock photos, fonts, or other licensed assets

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information exchanged during the engagement.

8.1 Orion's Confidentiality Commitment

Orion treats all Client information as confidential, including:

• Business strategies and plans
• Project requirements and specifications
• Technical documentation and architecture
• User data and analytics
• Financial information
• Source code and proprietary algorithms

All Orion team members sign non-disclosure agreements and are trained on confidentiality practices.

8.2 Non-Disclosure Agreements (NDAs)

For projects requiring additional confidentiality protections, we are willing to sign mutual NDAs before discussing project details.

9. Warranties and Disclaimers

9.1 Our Warranties

Orion warrants that:

• Services will be performed with professional skill and care
• Deliverables will substantially conform to agreed specifications
• Custom code will be free from material defects for a warranty period (typically 30-90 days post-launch)
• Work will not infringe on third-party intellectual property rights

9.2 Warranty Limitations

The warranty does not cover:

• Issues caused by Client modifications or third-party actions
• Hosting, server, or infrastructure problems not under Orion's control
• Third-party services, APIs, or integrations
• Browser compatibility beyond agreed specifications
• Normal wear, aging, or technology obsolescence

9.3 Disclaimers

EXCEPT AS EXPRESSLY STATED, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Orion does not guarantee:

• Specific business results, revenue, or user engagement metrics
• Search engine rankings or SEO performance
• App store approval or featured placement
• Uninterrupted or error-free operation after launch
• Compatibility with future operating system or browser updates

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORION'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL ORION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

11. Termination

11.1 Termination by Client

Clients may terminate the engagement by providing 7 days' written notice. In such cases:

• Client is responsible for payment of all completed work
• Current milestone will be prorated based on work completed
• Advance payments are non-refundable (see Refund Policy)
• Orion will provide work completed to date upon final payment

11.2 Termination by Orion

Orion may terminate the engagement if:

• Client fails to make payments as agreed
• Client breaches material terms of the agreement
• Client fails to provide necessary information, approvals, or cooperation
• Project requirements violate laws or ethical standards
• The working relationship becomes untenable

11.3 Effect of Termination

Upon termination:

• Client must pay for all work completed through the termination date
• Orion will deliver work completed and paid for
• Each party returns or destroys the other's confidential information
• Sections regarding intellectual property, confidentiality, and limitation of liability survive termination

12. Gaming-Specific Terms

For clients engaging our game development services, particularly real-money gaming platforms, the following additional terms apply:

12.1 Legal Compliance

Client Responsibility: The Client is solely responsible for:

• Obtaining all necessary licenses and certifications for operating gaming platforms
• Compliance with gambling laws in jurisdictions where the platform operates
• Age verification and geo-blocking requirements
• Responsible gaming policies and player protection measures
• Anti-money laundering (AML) and Know Your Customer (KYC) compliance
• Tax reporting and obligations

12.2 Payment Gateway Disclaimer

Orion integrates third-party payment gateways as specified by the Client. We are not responsible for:

• Payment gateway approvals, account suspensions, or service disruptions
• Transaction fees, chargebacks, or payment disputes
• Financial reconciliation or accounting
• Client's agreements with payment service providers

12.3 Responsible Gaming Features

We implement responsible gaming features as requested (deposit limits, self-exclusion, session timers). However, the Client is responsible for monitoring player behavior and enforcing responsible gaming policies.

12.4 Fairness and Security

We implement industry-standard randomization algorithms and anti-cheat mechanisms. However, the Client is responsible for ongoing monitoring, audits, and certification by gaming authorities if required.

13. General Provisions

13.1 Indemnification

Client agrees to indemnify and hold Orion harmless from any claims, damages, or expenses arising from:

• Client's use of deliverables in violation of laws or third-party rights
• Client-provided content, data, or materials
• Client's breach of these Terms
• Client's business operations using the delivered solution

13.2 Dispute Resolution

In the event of a dispute:

• Negotiation: Parties will first attempt to resolve disputes through good-faith negotiation
• Mediation: If negotiation fails, parties agree to mediation before pursuing legal action
• Arbitration: Disputes may be resolved through binding arbitration as agreed
• Governing Law: These Terms are governed by the laws of India, without regard to conflict of law principles
• Jurisdiction: Exclusive jurisdiction in Indian courts for legal proceedings

13.3 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including:

• Natural disasters, pandemics, or health emergencies
• War, terrorism, or civil unrest
• Government actions, regulations, or embargoes
• Internet service disruptions or infrastructure failures
• Labor strikes or disputes

13.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.5 Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between the parties and supersede all prior communications and understandings.

13.6 Amendments

Orion reserves the right to modify these Terms at any time. Material changes will be communicated via email or website notice. Continued use of services after changes constitutes acceptance of the revised Terms.

13.7 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.8 Assignment

Clients may not assign or transfer their rights or obligations without Orion's prior written consent. Orion may assign these Terms in connection with a merger, acquisition, or sale of assets.

14. Contact Information

For questions about these Terms or our services, please contact us: