---
title: Terms & Conditions
description: Legal     Terms & Conditions     The terms on which Miracuves Solutions Private Limited provides software     products and development services, and on whic
url: https://miracuves.com/terms-conditions
date_modified: 2026-08-05
author: miracuves
language: en_US
---

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Legal

    
# Terms & Conditions

    
    
The terms on which Miracuves Solutions Private Limited provides software
    products and development services, and on which you may use this website. Please read them before
    engaging us or placing an order.

    
Effective August 5, 2026  ·  Last reviewed August 5, 2026

   
  

  

    
      
## Contents

      
1. [Who we are](#t1)
2. [Scope of these terms](#t2)
3. [Our other documents, and which prevails](#t3)
4. [Changes to these terms](#t4)
5. [Permitted use of this website](#t5)
6. [Prohibited use](#t6)
7. [Accounts and credentials](#t7)
8. [Website content and intellectual property](#t8)
9. [Enquiries, proposals and quotations](#t9)
10. [How a contract is formed](#t10)
11. [Scope of work](#t11)
12. [Change requests](#t12)
13. [Timelines and dependencies](#t13)
14. [Acceptance](#t14)
15. [Fees and currency](#t15)
16. [Taxes and duties](#t16)
17. [Payment terms](#t17)
18. [Late payment and suspension](#t18)
19. [Third-party costs](#t19)
20. [Refunds](#t20)
21. [Delivery](#t21)
22. [Software licence](#t22)
23. [Support](#t23)
24. [Your responsibilities](#t24)
25. [Confidentiality](#t25)
26. [Intellectual property in deliverables](#t26)
27. [Non-solicitation of personnel](#t27)
28. [Publicity and portfolio](#t28)
29. [Data protection](#t29)
30. [Warranties and disclaimers](#t30)
31. [Indemnification](#t31)
32. [Limitation of liability](#t32)
33. [Force majeure](#t33)
34. [Term and termination](#t34)
35. [Consequences of termination](#t35)
36. [Dispute resolution](#t36)
37. [Governing law and jurisdiction](#t37)
38. [Notices](#t38)
39. [General](#t39)

    

    A · About these terms

    
## 1. Who we are

    
**Miracuves Solutions Private Limited** ("Miracuves", "we", "us", "our") is a
    software development company incorporated in India, with its registered office in Mumbai,
    Maharashtra. Our identifiers are set out at the foot of this page.

    
## 2. Scope of these terms

    
These Terms & Conditions ("Terms") apply to: your use of miracuves.com; any enquiry,
    proposal, quotation, or order; and the supply by us of software products and development services
    ("Services").

    
By using this website, requesting a proposal, or placing an order, you accept these Terms. If
    you are acting for a business, you confirm you have authority to bind it.

    
## 3. Our other documents, and which prevails

    
These Terms sit alongside:

    
- [End User Licence Agreement](/end-user-licence-agreement/) — the licence for
      software we supply;
- [Support Policy](/support/) — what support is provided, and its limits;
- [Refund Policy](/refund-policy/) — when a refund is issued;
- [Privacy Policy](/privacy-policy/) — how personal data is handled;
- [Legal Notice & Disclaimer](/disclaimer/) — website content and third-party
      names.

    
      
**Order of precedence.** Where documents conflict, the following order applies:
      (1) a signed agreement between us; (2) your Order, proposal, or statement of work; (3) the End
      User Licence Agreement; (4) these Terms; (5) the Support Policy and Refund Policy; (6) other
      published policies.

    

    
## 4. Changes to these terms

    
We may amend these Terms. The version applying to your engagement is the version published at
    the date of your Order. Continued use of this website following any change constitutes acceptance
    of the amended Terms for website use.

    B · Using this website

    
## 5. Permitted use of this website

    
You may use this website to learn about our products and services, request information, and
    place orders. You may view and print pages for your own reference.

    
## 6. Prohibited use

    
You may not: use this website unlawfully or fraudulently; attempt to gain unauthorised access
    to any part of it or to any server; introduce malware or any harmful code; scrape, harvest, or
    systematically extract content; interfere with its operation or security; misrepresent your
    identity or affiliation; or use it to infringe any person's rights.

    
We may suspend or withdraw access to this website, in whole or part, without notice.

    
## 7. Accounts and credentials

    
Where you hold an account with us, you are responsible for keeping credentials confidential and
    for all activity conducted under them. Notify us promptly at
    [support@miracuves.com](mailto:support@miracuves.com) of any suspected unauthorised
    access.

    
## 8. Website content and intellectual property

    
All content on this website — text, graphics, images, video, layout, and code — is owned by
    Miracuves or its licensors and is protected by intellectual property law. You may not reproduce,
    republish, distribute, or create derivative works from it without our prior written consent.

    
Third-party names appearing on this website are used descriptively. Please see our
    [Legal Notice & Disclaimer](/disclaimer/).

    C · Engaging us

    
## 9. Enquiries, proposals and quotations

    
Prices published on this website are **indicative starting prices** for standard
    configurations. They are not offers and do not constitute a binding quotation.

    
A written proposal or quotation issued by us is valid for **30 days**
    from its date unless stated otherwise, and is subject to withdrawal or revision before acceptance.

    
## 10. How a contract is formed

    
A contract is formed when we confirm your order in writing, or when we receive payment or the
    agreed initial instalment, whichever is earlier. Placing an order is an offer by you; it is not
    binding on us until confirmed.

    
We may decline any order at our discretion, including where the intended use appears unlawful,
    high-risk, or outside our capability. Where we decline, any amount received is refunded in full.

    
## 11. Scope of work

    
What we supply is defined by your Order, proposal, or statement of work, read with the
    corresponding product demonstration where applicable.

    
Anything not expressly included is **out of scope**. Features shown in a demo but
    excluded in writing from your Order are not included. Where scope is ambiguous, we will confirm it
    in writing before work proceeds.

    
## 12. Change requests

    
Requests to add, remove, or alter scope after work has commenced are change requests. We will
    provide the cost and timeline impact in writing; work proceeds on your written approval.

    
A change of business direction, strategy, or requirements after commencement is a change
    request, **not a defect and not a delivery failure**.

    
## 13. Timelines and dependencies

    
Timelines stated on this website, in proposals, or in project plans are **estimates based
    on a standard configuration and timely receipt of your inputs**. They are not
    time-of-the-essence commitments unless expressly agreed in writing.

    
      
Our ability to meet any timeline depends on you providing hosting, credentials, developer
      accounts, branding assets, content, approvals, and feedback when requested. Delay on your side
      extends our timeline by at least the period of delay, and may require rescheduling against other
      commitments.

      
Please also see clause 21 and the [End User Licence
      Agreement](/end-user-licence-agreement/) for how Delivery is determined where inputs are outstanding.

    

    
## 14. Acceptance

    
Where a statement of work sets out acceptance criteria, deliverables are reviewed against those
    criteria. You must notify us of any non-conformity within **7 business
    days** of submission, failing which the deliverable is deemed accepted.

    
Use of a deliverable in live operation constitutes acceptance.

    D · Commercial terms

    
## 15. Fees and currency

    
Fees are those stated in your Order. Unless stated otherwise, fees are quoted exclusive of
    taxes, duties, bank charges, and third-party costs, and are payable in the currency stated.

    
Where payment is made in a currency other than that of the Order, you bear any exchange rate
    difference and conversion charges.

    
## 16. Taxes and duties

    
Fees are exclusive of Goods and Services Tax and any other applicable tax, levy, or duty, which
    are charged in addition where applicable.

    
Where you are required by law to withhold or deduct any amount, the sum payable is increased so
    that we receive the amount we would have received had no withholding been required. You must
    provide withholding tax certificates promptly on request.

    
## 17. Payment terms

    
Payment terms depend on what you are purchasing. The following apply
    **unless your Order or signed agreement expressly states otherwise**.

    
      
**Readymade solutions.** The fee is payable **100% in advance**, on
      order confirmation. Work commences on receipt of cleared funds.

      
Where your Order **expressly** provides for payment in instalments — for example
      50/50 or 60/20 — those instalments apply in place of advance payment in full.

    

    
      
**Custom development.** **50%** is payable on order confirmation and
      **50%** on completion, unless your Order or signed agreement expressly provides a
      different schedule or milestone structure.

    

    
**Silence means the default applies.** Where your Order does not state a payment
    schedule, the applicable default above governs, and no instalment arrangement is implied.

    
Invoices are payable within **7 days** of issue. All bank charges,
    gateway fees, and transfer costs are payable by you. Payment is not considered made until cleared
    funds are received by us.

    
## 18. Late payment and suspension

    
      
Where any sum is overdue, we may — without prejudice to any other right — **suspend
      work, withhold delivery, suspend support, and withhold access to deliverables, source code, or
      credentials** until payment is received in full.

      
Overdue amounts may attract interest at **1.5% per month** or the
      maximum rate permitted by law, whichever is lower, accruing daily from the due date.

      
Suspension under this clause is not a breach by us, and does not extend the support period
      under the Support Policy.

    

    
## 19. Third-party costs

    
Hosting, domains, app store developer accounts, payment gateways, SMS and email services,
    mapping, storage, push notification services, and similar third-party costs are
    **your responsibility** and are not included in our fees unless expressly stated.

    
Where we incur a third-party cost on your behalf with your approval, it is recharged at cost
    plus any stated handling fee.

    
## 20. Refunds

    
Refunds are governed by our [Refund Policy](/refund-policy/), which forms part of
    these Terms.

    E · Delivery, licence and support

    
## 21. Delivery

    
Delivery has the meaning given in the [End User Licence
    Agreement](/end-user-licence-agreement/). In summary, delivery occurs when we make the solution available to you, or when we
    notify you that it is ready and completion is awaiting your inputs — **not** when an
    app store approves an application, and not when you are ready to begin trading.

    
## 22. Software licence

    
Software supplied by us is licensed, not sold, on the terms of the
    [End User Licence Agreement](/end-user-licence-agreement/). That Agreement governs
    licence scope, restrictions, source code, warranties, indemnity, and liability in respect of the
    software, and prevails over these Terms on those subjects.

    
## 23. Support

    
Support is provided in accordance with our [Support Policy](/support/) — 60 days
    from Delivery, Monday to Friday IST, subject to the exclusions stated there.

    
## 24. Your responsibilities

    
You are responsible for: providing accurate requirements, assets, content, and approvals in
    good time; nominating a single point of contact with authority to decide; procuring and paying for
    hosting, accounts, and third-party services; the lawfulness of your intended business, branding,
    and content; obtaining any licence or regulatory authorisation your business requires; and
    maintaining your own backups.

    F · Confidentiality, IP and people

    
## 25. Confidentiality

    
Each party may receive confidential information from the other. Each party will keep such
    information confidential, use it only for the purposes of the engagement, and disclose it only to
    personnel and contractors who need it and are bound by equivalent obligations.

    
These obligations do not apply to information that is public through no breach, was already
    lawfully held, is independently developed, or must be disclosed by law. They survive termination
    for **three (3) years**.

    
## 26. Intellectual property in deliverables

    
Miracuves retains all intellectual property in its pre-existing materials, frameworks,
    libraries, tools, know-how, and product code, including any improvement or derivative of them.

    
You receive the licence set out in the End User Licence Agreement. Where a statement of work
    provides for assignment of specific bespoke deliverables, that assignment takes effect only on
    receipt of payment in full, and does not extend to our pre-existing or reusable materials.

    
You retain ownership of content, data, trademarks, and materials you supply, and grant us a
    licence to use them for the purpose of performing the Services.

    
## 27. Non-solicitation of personnel

    
      
During the engagement and for **twelve (12) months** afterwards, you
      may not directly or indirectly solicit, employ, or engage any Miracuves employee or contractor
      who was involved in your engagement, without our prior written consent.

      
This does not restrict general advertising not targeted at our personnel. Where consent is
      given, a recruitment fee equivalent to **50% of the individual's annual
      compensation** may apply.

    

    
## 28. Publicity and portfolio

    
Unless you notify us otherwise in writing, we may identify you as a client and describe the
    work at a general level in our portfolio, case studies, and marketing, and may use your name and
    logo for that purpose.

    
We will not disclose confidential commercial details, and we will honour any confidentiality
    agreement between us. You may withdraw this permission at any time by written notice, and we will
    remove the reference within a reasonable period.

    
## 29. Data protection

    
Personal data is handled in accordance with our [Privacy Policy](/privacy-policy/).
    Where we process personal data on your behalf in performing the Services, you act as controller
    and we act as processor, on the terms set out in that policy.

    G · Risk and liability

    
## 30. Warranties and disclaimers

    
We warrant that the Services will be performed with reasonable care and skill by suitably
    experienced personnel.

    
Save as expressly stated, and to the fullest extent permitted by law, all other warranties,
    conditions, and terms, whether express, implied, or statutory, are excluded — including
    merchantability, fitness for a particular purpose, and non-infringement.

    
We do not warrant that any deliverable will be uninterrupted or error-free, will achieve any
    commercial result, will be approved by any app store or regulator, or will be compliant with the
    law of any jurisdiction.

    
## 31. Indemnification

    
      
You agree to defend, indemnify, and hold harmless Miracuves and its directors, officers,
      employees, and contractors against all claims, damages, losses, liabilities, fines, penalties,
      costs, and expenses (including reasonable legal fees) arising out of or in connection with:

      
1. Your branding, naming, domain, trade dress, or marketing, including any allegation of
        trademark infringement, passing off, or unfair competition;
2. Content, data, or materials you supply to us or publish through a deliverable;
3. Your operation of any platform or business built on our deliverables;
4. Your failure to obtain or maintain any required licence or regulatory authorisation;
5. Your breach of applicable law or of any third-party terms;
6. Your breach of these Terms or the End User Licence Agreement.

    

    
## 32. Limitation of liability

    
Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation,
    death or personal injury caused by negligence, gross negligence or wilful misconduct, or any
    liability that cannot lawfully be excluded.

    
Subject to that, and to the fullest extent permitted by law, we shall not be liable for
    indirect, consequential, special, incidental, exemplary, or punitive loss, including loss of
    profits, revenue, business, contracts, anticipated savings, goodwill, reputation, opportunity, or
    data; business interruption; regulatory fines; the cost of substitute services; or loss arising
    from third-party services or app store decisions.

    
      
**Aggregate cap.** Our total aggregate liability arising out of or in connection
      with an engagement, whether in contract, tort (including negligence), breach of statutory duty,
      or otherwise, shall not exceed **the total fees actually paid by you to us for that
      engagement**.

      
Liability in respect of software licensed from us is governed by the
      [End User Licence Agreement](/end-user-licence-agreement/).

    

    
## 33. Force majeure

    
Neither party is liable for failure or delay arising from circumstances beyond its reasonable
    control, including acts of God, natural disaster, epidemic, war, civil unrest, terrorism,
    industrial action, governmental action, failure of utilities, telecommunications, internet,
    hosting, or third-party services, or cyber attack. Payment obligations are not excused by this
    clause.

    H · Term, disputes and general

    
## 34. Term and termination

    
These Terms apply from your first use of this website or engagement with us and continue until
    terminated.

    
Either party may terminate an engagement on written notice if the other commits a material
    breach and fails to remedy it within **fourteen (14) days** of notice, or becomes
    insolvent or subject to winding-up proceedings.

    
We may terminate immediately where you breach clause 6, clause 18 (persistent non-payment), or
    the restrictions in the End User Licence Agreement.

    
## 35. Consequences of termination

    
On termination: all sums due become immediately payable; we invoice for work performed and
    costs committed up to termination; licences granted are unaffected where fees have been paid in
    full, and terminate where they have not; and each party returns or destroys the other's
    confidential information on request.

    
Clauses 8, 15–20, 25–28, 30–33 and 36–39 survive termination.

    
## 36. Dispute resolution

    
**Step 1 — discussion.** Either party may give written notice of a dispute. Senior
    representatives will discuss it in good faith and attempt resolution within
    **thirty (30) days**.

    
**Step 2 — arbitration.** If unresolved, the dispute is referred to and finally
    resolved by arbitration under the Arbitration and Conciliation Act, 1996, before a
    **sole arbitrator** appointed by agreement or, failing agreement, in accordance with
    that Act. The **seat and venue of arbitration is Mumbai, Maharashtra, India** and the
    language is English. The award is final and binding.

    
Nothing in this clause prevents either party from applying to a court for urgent interim or
    injunctive relief, including to protect confidential information or intellectual property.

    
## 37. Governing law and jurisdiction

    
      
These Terms, and any dispute or claim arising out of or in connection with them, are governed
      by and construed in accordance with **the laws of India**.

      
Subject to clause 36, the courts at **Mumbai, Maharashtra, India** have
      **exclusive jurisdiction**, and you submit to the exclusive jurisdiction of those
      courts.

      
Nothing in this clause affects any mandatory statutory right available to you under the law
      of your country of residence which cannot be varied by agreement.

    

    
## 38. Notices

    
Notices to us should be sent to [legal@miracuves.com](mailto:legal@miracuves.com)
    and, where the matter is contractual, copied to your project contact. Notices to you are sent to
    the email address on your Order. Email notice is deemed received on the next business day.

    
## 39. General

    
**Entire agreement.** These Terms, with the documents listed in clause 3 and your
    Order, form the entire agreement between us and supersede all prior discussions and
    representations. You confirm you have not relied on any statement, demonstration, or projection
    not expressly set out in them.

    
**Severability.** If any provision is held invalid or unenforceable, it shall be
    modified to the minimum extent necessary to make it valid while preserving its intent; only where
    modification is not possible shall it be severed, with the remainder continuing in force.

    
**Waiver.** No failure or delay in exercising a right operates as a waiver.

    
**Assignment.** You may not assign or transfer your rights without our prior
    written consent. We may assign or subcontract, remaining responsible for subcontracted work.

    
**No partnership.** Nothing in these Terms creates any partnership, joint venture,
    agency, or employment relationship.

    
**Third parties.** No person other than the parties has any right to enforce these
    Terms.

    
**Language.** These Terms are published in English; where a translation is
    provided, the English version prevails.

    
      
Miracuves Solutions Private Limited

      
Registered office: Mumbai, Maharashtra, India  

      Legal & compliance: [legal@miracuves.com](mailto:legal@miracuves.com)  

      Support: [support@miracuves.com](mailto:support@miracuves.com)

      
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