CONDITIONS GENERALES DE VENTE

Confidentiality and Liability Terms of Agreement

Welcome to EKIKA. By accessing and using our website https://www.ekika.co or purchasing our software and IT services, you ("Customer," "You," "Your") agree to comply with and be bound by the following Terms and Conditions. Please read these terms carefully before using our services.

If you do not agree with any part of these Terms and Conditions, you should discontinue the use of our services and website immediately.

1. Definitions
"Services" refers to the software and IT services provided by EKIKA.
"Products" refer to software and digital goods offered by EKIKA.
"User" refers to anyone accessing the website.

2. Acceptance of Terms
By using our website, purchasing our products, or using our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

3. Eligibility
To use our services or purchase products, you must be:
At least 18 years of age.
Able to provide accurate and complete information.
Legally able to enter into a binding contract.

4. Products and Services
Software: EKIKA offers subscription-based software, digital goods, and custom software solutions.
IT Services: EKIKA provides IT consulting, development, implementation, and support services.
You understand that by purchasing software or services from EKIKA, you agree to be bound by any additional terms and policies specific to the product or service.

5. Orders and Payments
All orders for software or services are subject to acceptance by EKIKA.
Payment must be made using the payment methods available on the website (such as PayPal, Razorpay, and other international payment processors).
You agree to provide accurate billing and payment information and authorize EKIKA to charge the applicable fees to your designated payment method.

6. Pricing
All prices listed on the website or provided in a quote are in USD unless otherwise stated.
EKIKA reserves the right to change pricing at any time, but price changes will not affect orders that have already been accepted.

7. Refunds and Cancellations
Please refer to our Cancellation and Refund Policy [link to Cancellation and Refund Policy] for detailed information regarding refunds and cancellations.

8. License and Intellectual Property
When you purchase a software license from EKIKA, you are granted a non-transferable, non-exclusive license to use the software in accordance with the terms of the applicable license agreement.
All content, software, and materials on the website or provided by EKIKA are the intellectual property of EKIKA or its licensors.
You may not copy, modify, distribute, or create derivative works from our software or materials without prior written consent from EKIKA.

9. Confidentiality Agreement:
Both parties agree to maintain the confidentiality of any information disclosed by either party during the course of their business relationship. Confidential information includes, but is not limited to, trade secrets, proprietary information, business plans, customer data, and any other information designated as confidential by the disclosing party. Both parties agree not to disclose, use, reproduce, or disseminate confidential information without the prior written consent of the disclosing party, except as required by law. 
The confidentiality obligations shall survive the termination of this agreement. In the event of breach of confidentiality, the non-breaching party may seek injunctive relief, damages, or termination of this agreement.

10. User Responsibilities
By using our website or services, you agree to:
Provide accurate and up-to-date information.
Use our software and services for lawful purposes only.
Not attempt to gain unauthorized access to our systems or services.

11. Termination
EKIKA reserves the right to terminate your access to our website, software, or services at any time, without notice, if we believe you have violated these Terms and Conditions or any applicable laws.

12. Limitation of Liability
To the fullest extent permitted by applicable law, EKIKA will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of our website, software, or services. EKIKA's liability under this agreement is limited to the maximum extent permitted by law. In no event shall EKIKA be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to the services provided under this agreement. 
EKIKA's liability under this agreement is limited to a maximum amount equal to 20% of the total invoice amount paid by the client for the services provided under this agreement. This limitation is intended to cap EKIKA's financial exposure for any potential claims or losses arising from the services rendered.
The purpose of establishing this maximum liability is to provide both parties with a clear understanding of the extent of EKIKA's financial responsibility under the agreement. By setting a percentage-based limit tied to the invoice amount, both EKIKA and the client can better manage their respective risks and obligations.
This limitation of liability shall not apply to damages resulting from EKIKA's gross negligence, willful misconduct, or breach of confidentiality. 
The client agrees to defend, indemnify, and hold EKIKA harmless against any claims, damages, or losses arising from their use of the services. 
This limitation of liability is subject to applicable laws and regulations governing such provisions and may not be enforceable in certain jurisdictions.

13. Indemnification
You agree to indemnify and hold harmless EKIKA, its affiliates, and their respective officers, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of the website, products, or services, or violation of these Terms and Conditions.

14. Third-Party Links
Our website may contain links to third-party websites. These links are provided for convenience, and EKIKA does not endorse or take responsibility for the content, privacy policies, or practices of any third-party sites.

15. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Gandhinagar Gujarat India, without regard to its conflict of law provisions.

16. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at:

EKIKA
Email: hello@ekika.co
Phone: +91 9510031431
Address: 203 Capital Icon, Gandhinagar By Pass Road, Sargasan, Gandhinagar - 382421