01. Definitions
In these Terms and Conditions, the following definitions apply:
“Company,” “we,” “us,” “our” — Gigaflop Techlab, a practice operated under DiscoverWebTech Pvt. Ltd., registered in India.
“Client,” “you,” “your” — any individual or legal entity that accesses the Website or enters into a service engagement with the Company.
“Website” — gigafloptechlab.com and all associated subdomains and pages.
“Services” — data engineering, AI engineering, audit, retainer, and all professional services offered under the D1–D5 and A1–A5 engagement tiers.
“Engagement” — a specific, fixed-price, fixed-scope service agreement governed by a written Proposal and/or Statement of Work (SOW).
“Deliverables” — all work product, documentation, code, reports, and outputs produced under an Engagement.
“Proposal / SOW” — a written document, accepted by both parties, defining the scope, timeline, price, and milestones of an Engagement.
02. Acceptance of Terms
By accessing the Website, booking a discovery call, or entering into any service Engagement with Gigaflop Techlab, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are entering into an Engagement on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
These Terms govern website use and general engagement conduct. Individual Engagements are governed first by their signed Proposal / SOW — in the event of conflict, the signed SOW prevails.
03. Services & Website Use
Website use The Website is provided for informational purposes. You may browse and reference it freely for lawful purposes. You agree not to: scrape or crawl the Website for commercial data collection; transmit spam or malicious code; attempt to gain unauthorised access to any part of the Website; or reproduce content without prior written permission.
Service offerings Our Services are described under two practices:
- Data Engineering (D1–D5): Data audits, pipeline builds, cost optimisation, BI implementation, and ongoing data retainers.
- AI Engineering (A1–A5): AI audit and red-team, chatbot builds, AI agent builds, AI product builds, and ongoing AI retainers.
We reserve the right to update service offerings, pricing ranges, and availability at any time without prior notice.
We do not take on: real-time sub-second streaming systems, pure ML research, voice AI, robotics, computer vision, pre-revenue companies with no clear ICP, engagements under $5,000, or engagements designed primarily to generate marketing collateral around AI without substantive engineering work.
04. Engagements & Proposals
How engagements begin Every billable Engagement begins with a written Proposal or SOW, signed or accepted in writing by both parties. A discovery call or introductory email does not constitute an engagement or commitment by either party.
Audit-first methodology Most Engagements begin with a 2–6 week audit (D1 or A1). The audit is a standalone, fully scoped Engagement with its own fixed price and deliverable. Completion of an audit does not obligate the Client to proceed with a subsequent build, nor does it obligate the Company to offer one.
Fixed-price, fixed-scope All Engagements are fixed-price and fixed-scope as defined in the signed Proposal. The Company will not issue change-order invoices to cover internal mis-scoping. Any Client-requested scope changes that materially affect timeline or cost will be addressed through a written scope-change amendment, agreed in advance.
Milestone-paced delivery Engagements are structured in milestones as outlined in the Proposal. Payment may be milestone-linked as specified therein. Weekly progress updates via agreed channels (shared Slack and/or email) are standard. Friday demos apply during active build phases.
Client obligations The Client agrees to provide timely access to systems, data, credentials, and personnel; respond to reasonable requests within two business days; attend scheduled demos or designate an informed representative; and not materially change the project brief mid-Engagement without a written amendment. Delays caused by Client failure to meet these obligations do not constitute a breach by the Company.
05. Payment Terms
Invoicing All fees are invoiced in USD, regardless of the Client’s location. Invoices are issued per the payment schedule in the signed Proposal — typically milestone-linked for project Engagements and monthly in advance for retainers.
Payment due Payment is due within 14 calendar days of invoice date unless otherwise specified. For first Engagements, a deposit (typically 30–50% of the Engagement fee) may be required before work commences.
Late payment Invoices unpaid after 14 days may accrue interest at 1.5% per month. The Company reserves the right to pause active work where payment is more than 14 days overdue, without liability for resulting delays.
Taxes All fees are exclusive of applicable taxes. Taxes will be separately itemised on invoices where applicable. Clients are responsible for any withholding taxes required by their jurisdiction.
Refunds Fees paid for completed milestones or completed audits are non-refundable. Disputes about Deliverable quality are resolved through the process in the signed Proposal; refunds are not a default remedy.
06. Intellectual Property & Ownership
Client IP All data, systems, code, credentials, and materials provided by the Client remain the exclusive property of the Client. The Company acquires no ownership interest in Client IP through the provision of Services.
Deliverable ownership Upon receipt of full payment for an Engagement, the Client is granted full ownership of all custom Deliverables produced specifically for that Engagement — including code, documentation, reports, and data models — unless otherwise agreed in the signed Proposal.
Company IP The Company retains ownership of: (a) pre-existing tools, frameworks, libraries, and methodologies; (b) general-purpose utilities and internal tooling developed independently; and (c) the audit methodology and engagement frameworks (D1–D5, A1–A5). To the extent Company IP is embedded in Deliverables, the Client receives a perpetual, non-exclusive, royalty-free licence to use it as embedded.
Website content All Website content — text, case studies, methodology descriptions, and visual design — is owned by the Company and protected by applicable intellectual property law. Reproduction requires prior written permission.
07. Confidentiality
Both parties agree to maintain the confidentiality of the other party’s non-public, proprietary, or business-sensitive information disclosed in connection with an Engagement (“Confidential Information”), using at least the same degree of care each party applies to its own confidential information (and no less than reasonable care).
Confidential Information excludes information that: (a) is or becomes publicly known through no breach of this obligation; (b) was already known to the receiving party; (c) is received from a third party without restriction; or (d) is independently developed without use of the disclosing party’s information.
Confidential Information may be disclosed where required by law or court order, provided the disclosing party gives reasonable prior notice where permitted.
For enterprise Engagements, we sign mutual NDAs before any audit begins. We have our own template and will also sign on the Client’s paper. Email hello@gigafloptechlab.com with subject “Procurement” — 2 business day turnaround.
08. Warranties & Representations
Company warranties The Company warrants that: (a) it has the legal right to enter into Engagements and perform Services; (b) Services will be performed with reasonable skill and care by qualified engineers; (c) Deliverables will materially conform to the specifications in the signed Proposal at the time of delivery.
Disclaimer of implied warranties Except as expressly stated, the Company provides the Website and Services “as is” and “as available,” without any other warranties — express or implied — including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that AI systems delivered as Deliverables will be free of all errors, biases, or security vulnerabilities beyond those identified during the audit or red-team scope.
Client warranties The Client warrants that: (a) it has the authority to enter into the Engagement; (b) all data and credentials provided are legally permitted to be shared; and (c) use of Deliverables will comply with applicable laws and third-party licences.
09. Limitation of Liability
To the maximum extent permitted by applicable law:
- The Company’s total aggregate liability for any claims arising from an Engagement shall not exceed the total fees paid by the Client for that Engagement in the 12 months preceding the claim.
- In no event shall the Company be liable for any indirect, incidental, consequential, special, or exemplary damages — including lost profits, lost data, business interruption, or system downtime — even if advised of the possibility of such damages.
- The Company shall not be liable for delays or failures resulting from causes outside its reasonable control, including internet outages, third-party API failures, Client-side delays, or regulatory changes.
Nothing in these Terms limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded by applicable law.
10. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company and its founders, engineers, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:
- The Client’s use of Deliverables in a manner that violates applicable law, third-party rights, or the signed Proposal;
- Data or materials provided by the Client that infringe third-party intellectual property rights or violate data protection laws;
- The Client’s breach of any representation, warranty, or obligation under these Terms or a signed Proposal.
11. Termination
Termination for convenience Either party may terminate an active Engagement by providing 14 days’ written notice. The Client will be invoiced for all work completed and milestones delivered up to the termination date, pro-rated where a milestone is partially complete. Pre-paid fees for future milestones not yet started will be refunded.
Termination for cause Either party may terminate immediately if the other party: (a) materially breaches the Engagement terms and fails to remedy within 10 business days of written notice; (b) becomes insolvent or ceases business; or (c) engages in fraudulent conduct.
Effect of termination On termination: (a) all licences for fully paid Deliverables survive; (b) confidentiality obligations survive indefinitely; (c) each party returns or destroys the other’s Confidential Information on request.
12. Governing Law & Disputes
These Terms and all Engagements are governed by the laws of India, without regard to its conflict-of-laws principles. The Company’s legal entity is DiscoverWebTech Pvt. Ltd., registered in India.
Disputes shall first be attempted through good-faith negotiation. If unresolved within 30 days, the parties submit to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), with the seat of arbitration in Indore, Madhya Pradesh, India. Nothing herein prevents either party from seeking injunctive relief pending arbitration.
For clients in the US, UK, or EU, jurisdiction-specific contractual addenda may be available. Clients in regulated industries (HIPAA, GDPR) receive jurisdiction-specific clauses in their MSA/DPA. Contact hello@gigafloptechlab.com.
13. Miscellaneous
Entire agreement These Terms, together with any signed Proposal, SOW, NDA, and DPA, constitute the entire agreement between the parties and supersede all prior communications.
Amendments We may update these Terms from time to time. Material changes will be communicated via notice on the Website. Signed Proposals are not retroactively modified by changes to these Terms.
Severability If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
No waiver Failure to enforce any provision does not constitute a waiver of the right to enforce it in the future.
Assignment The Client may not assign rights or obligations without prior written consent from the Company. The Company may assign these Terms to a successor entity in the event of a merger or acquisition, provided the successor is bound by the same obligations.
Relationship of parties The Company is an independent contractor. Nothing herein creates a partnership, joint venture, employment, or agency relationship between the parties.
14. Contact
For questions about these Terms, engagement queries, or legal correspondence:
- Email: hello@gigafloptechlab.com
- Legal entity: DiscoverWebTech Pvt. Ltd., India
- Response SLA: General enquiries within 4 business hours (Mon–Fri, 09:00–19:00 IST); procurement/legal within 2 business days
For vendor onboarding, security reviews, MSA/DPA review, or RFP responses — email hello@gigafloptechlab.com with subject “Procurement.” We have templates ready and respond within 2 business days.