These Terms & Conditions ("Terms") apply to your use of aigenticfactory.com (the "Website") and to the services provided under the Aigentic Factory brand by Bitware Technologies Pvt Ltd, Pune, Maharashtra, India ("Aigentic Factory", "we", "us", "our"). "You" means the person or company using the Website or buying our services.
By using the Website or accepting a quote or proposal from us, you agree to these Terms. If you accept on behalf of a company, you confirm you are authorised to bind it. If a signed proposal, order form or contract for a specific project (a "Proposal") differs from these Terms, the Proposal takes priority for that project.
1. Our services
- Ready-made AI agents: agents designed by us, which we configure and set up on your accounts and tools.
- Custom AI agent development: agents, integrations and multi-agent systems built to your requirements.
- AI developers: developers from our team or talent network who work on your projects on a full-time, part-time, hourly or project basis.
- Support: fixes, monitoring and improvements during the support period and under any support plan you buy.
The scope, deliverables, timeline and price of each project are set out in the Proposal.
2. Free demos and consultations
Demos and consultations are free and carry no obligation to buy. After a demo or consultation we send you a written quote. Information about agents on the Website, including features, integrations and typical go-live times, is a general description and is confirmed for your project in the Proposal.
3. Prices
- "Starting from" prices on the Website are the minimum one-time setup fee for an agent's standard configuration. Your final price depends on integrations, volume and customisation and is stated in your quote.
- Unless the quote says otherwise, prices are in US dollars and exclude taxes. Indian GST is added where it applies. Clients outside India are responsible for any taxes, duties or withholding in their country.
- Quotes are valid for 30 days.
- Usage fees charged by third parties are not included. This covers AI model usage (for example OpenAI or Anthropic), telephony and messaging (for example Twilio or WhatsApp), hosting and software subscriptions. These are normally billed to your own accounts.
4. Payment
- For agent setup and custom development, unless the Proposal says otherwise, you pay 50% when you accept the quote and 50% at go-live. Work starts after the first payment is received.
- Developer engagements are invoiced monthly in advance for full-time and part-time work, and monthly in arrears for hourly work, based on approved timesheets.
- Invoices are due within 7 days of the invoice date. Payment can be made by bank transfer or another method we agree with you. You pay your own bank and transfer charges.
- If an invoice is overdue, we may pause work and access to agents we host until it is paid.
5. Your responsibilities
- Give us timely access to the accounts, information, content and people we need. Delays on your side may move the timeline.
- Make sure you have the right to use the data the agents process, and any consents the law requires, for example for call recording, messaging, marketing or processing employees' and customers' data.
- Review and test each agent before it goes live, and keep appropriate human oversight of decisions the agent makes or supports.
- Follow the terms and usage policies of the third-party services the agents use.
- Keep the logins and API keys for your accounts secure.
6. Acceptance and go-live
When an agent or deliverable is ready, we show it to you working on agreed test cases. You have 5 business days to report any way it does not match the Proposal. Once those points are fixed, or if you report none, or if you start using it in live operations, the deliverable is accepted and the go-live payment becomes due.
7. Support and warranty
For 30 days after go-live we fix, at no extra charge, any defect that stops the agent working as described in the Proposal. After that, support is provided under a support plan or on a time-and-materials basis. Problems caused by changes to third-party services, your systems or your data, by changes made by anyone other than us, or by use outside the agreed scope are not defects.
8. Intellectual property
- We keep ownership of our ready-made agents, templates, prompts, workflows, code libraries, know-how and tools, including improvements we make to them.
- Once you have paid in full, you receive a non-exclusive, perpetual, non-transferable licence to use the agents we set up for you for your own business.
- For custom development, once you have paid in full, you own the deliverables created specifically for you, as described in the Proposal. Our pre-existing materials used in them are licensed to you as above.
- You own your data and content. You give us permission to use them only to provide the services.
- We may mention your company name as a client unless you ask us not to.
9. Hiring AI developers
- Developers remain engaged by us (or our contractors) and are not your employees. We are responsible for their pay, taxes and benefits.
- Rates, hours, notice periods and minimum terms are set out in the Proposal. Unless it says otherwise, either party can end a full-time or part-time engagement with 30 days' written notice.
- If a developer isn't the right fit, tell us and we will offer a replacement, normally within a week.
- Work product created by our developers for you belongs to you once the related invoices are paid, as in section 8.
- During the engagement and for 12 months after it ends, you agree not to hire or engage directly any developer introduced by us, without our written agreement. If you do, you will pay us a placement fee equal to 3 months of that developer's most recent fees.
10. AI limitations
AI agents use machine learning models that can make mistakes, produce incomplete or incorrect results, or behave differently as third-party models change. We design agents with checks and human approval steps where appropriate, but we do not guarantee that every output will be accurate, complete or suitable for a particular purpose. You are responsible for how agent outputs are used in your business, and for complying with laws that apply to your use of AI, such as consumer protection, employment, marketing and data protection rules and the EU AI Act.
11. Acceptable use
You may not use our agents or services for anything unlawful, deceptive or harmful, including spam, unlawful surveillance, discrimination, impersonating people without disclosure where the law requires it, infringing others' rights, or any use that breaks the policies of the AI or communication providers involved. We may suspend services that are used this way.
12. Confidentiality and data protection
Each party will keep the other's confidential information private, use it only for the project and protect it with reasonable care. This does not apply to information that is public, already known, independently developed or required to be disclosed by law. When we process personal data on your behalf, we do so only on your instructions and, on request, under a data processing agreement. Our Privacy Policy explains how we handle personal data as a controller.
13. Cancellation and termination
- You may cancel a project by written notice. You pay for work done up to the date of notice. The first payment covers this unless the work done is worth more; it is refundable only to the extent it exceeds the value of work done.
- Either party may end a project immediately if the other seriously breaches these Terms and does not fix the breach within 14 days of written notice.
- Licences for deliverables you have paid for in full survive termination.
14. Liability
To the extent the law allows: (a) neither party is liable for indirect or consequential losses, loss of profits, revenue, data or goodwill; and (b) our total liability for all claims relating to a project is limited to the fees you paid us for that project in the 12 months before the claim. Nothing in these Terms limits liability for fraud, wilful misconduct, or anything else that cannot be limited by law.
15. Events outside our control
Neither party is responsible for delays or failures caused by events outside its reasonable control, such as outages of third-party services, internet or power failures, natural disasters or government action. The affected party will tell the other promptly and do what it reasonably can to limit the effect.
16. Using the Website
The content of the Website belongs to us or our licensors. You may view it and share links to it, but not copy it for commercial use without permission. We work to keep the Website accurate and available but do not guarantee that it is error-free or always available. Information on the Website is general and does not form an offer until confirmed in a quote.
17. Governing law and disputes
These Terms and any project are governed by the laws of India. The parties will first try to resolve any dispute through good-faith discussion. If it is not resolved within 30 days, the courts in Pune, Maharashtra have exclusive jurisdiction, except where the consumer law of your country gives you the right to bring a claim where you live.
18. General
- We may update these Terms. The version on the Website when you accept a quote applies to that project.
- If any part of these Terms is found invalid, the rest stays in force.
- Not enforcing a right straight away does not mean we give it up.
- Neither party may transfer its rights under a project without the other's consent, except as part of a sale or reorganisation of its business.
- Notices must be in writing, and email is acceptable.
19. Contact
Bitware Technologies Pvt Ltd (Aigentic Factory)
Pune, Maharashtra, India
Email: aileena@aigenticfactory.com