Legal Agreements

Terms & Conditions

Please read these terms carefully. They define the legal boundaries of our software services, specifically regarding MLM and Cryptocurrency operations.

Terms of Service
Privacy Policy
IMPORTANT DISCLAIMER: SoftBuilders India provides software development services ONLY. We do NOT operate, manage, promote, or control any MLM business, referral program, financial scheme, or cryptocurrency exchange. We are NOT responsible for the business model, legal compliance, financial transactions, losses, or operational management of our clients.

1. Acceptance of Terms

By purchasing, installing, accessing, or using any software or services provided by SoftBuilders India ("The Company"), you ("The Client") acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions. If you do not agree, you must NOT use our software or services.

2. Nature of Services

SoftBuilders India is a software development agency. We provide technical solutions based exclusively on the instructions and business logic provided by the Client.

We are NOT:

  • A financial institution
  • A legal advisor
  • A compliance consultant
  • A business strategist
  • A network marketing company
  • An investment advisor

The Client is responsible for all legal, operational, and financial decisions related to their business.

3. Limitation of Liability & Disclaimer of Damages

To the maximum extent permitted by law, SoftBuilders India shall NOT be liable for:

  • Direct, indirect, incidental, special, punitive, or consequential damages
  • Loss of profits, business, revenue, goodwill, or data
  • Software downtime, bugs, errors, or interruptions
  • Unauthorized access to the Client’s data, accounts, or hosting
  • Issues caused by third-party servers, APIs, wallets, or platforms

Total Liability Cap: SoftBuilders India’s total cumulative liability for ALL claims shall not exceed the total amount paid by the Client for the specific module in the preceding 3 months.

4. MLM (Multi-Level Marketing) Liability Disclaimer

4.1. Legal Compliance

The Client is solely responsible for ensuring their MLM/referral/commission plan complies with:

  • Anti-Pyramid & Anti-Ponzi laws
  • Direct Selling Guidelines
  • Prize Chits and Money Circulation Schemes (Banning) Act, 1978
  • Local and international regulations

SoftBuilders India does NOT validate or approve business legality.

4.2. Income Claims & Financial Loss

We do not guarantee income, ROI, user growth, or profitability. Any financial loss incurred by the Client or their users is not our responsibility.

4.3. Business Failure

SoftBuilders India is not liable for the failure, collapse, shutdown, or bankruptcy of the Client’s MLM business.

5. Cryptocurrency & Blockchain Disclaimer

5.1. Market Volatility

The Client acknowledges crypto assets are highly volatile. SoftBuilders India is not responsible for any token price fluctuation, devaluation, or market crash.

5.2. Changing Regulations

Crypto regulations change frequently. If your crypto/token business becomes illegal or requires changes, we are not responsible; modifications will be charged separately.

5.3. Security & Fund Loss

SoftBuilders India is NOT liable for any fund loss due to:

  • Hacked servers or hosting
  • Leaked admin credentials or private keys
  • Phishing attacks
  • Bugs in third-party blockchain networks
  • Smart contracts not written by us
  • User mistakes (e.g., wrong address transfers)

The Client is fully responsible for the security of their systems.

6. Software Warranty – "AS IS"

All software is provided "AS IS" and "AS AVAILABLE", without any warranties, express or implied. We do NOT guarantee:

  • Zero bugs
  • Error-free operations
  • 100% uptime
  • Compatibility with every device or OS
  • Instant fixes for every issue

7. Third-Party Services

Our software may integrate with third-party services like SMS APIs, email APIs, blockchain nodes, payment gateways, or cloud services.

SoftBuilders India is not responsible for:

  • Their downtime
  • Policy changes
  • Transaction failures
  • Security breaches of third-party systems
  • Extra charges by third-party providers

8. Indemnification

The Client agrees to indemnify and hold harmless SoftBuilders India from any claims, liabilities, legal actions, losses, or damages arising from:

  • The Client’s use of the software
  • Violation of laws
  • Disputes with end-users or investors
  • Misuse or misrepresentation of the platform

9. Legal Relationship & Privity of Contract

9.1. No Relationship with End Users: SoftBuilders India has no contractual relationship with the Client’s end-users. Any disputes must be settled exclusively between the Client and their users.

9.2. Client-Specific Liability: We build software based on the Client’s instructions. We do not own or operate the Client’s business. Liability remains entirely with the Client.

10. Indian Legal Compliance & Safe Harbor

10.1. Intermediary Protection – IT Act, 2000: SoftBuilders India is protected under Section 79, acting purely as a technology intermediary.

10.2. Contractual Integrity: Under the Indian Contract Act, the Client ("Principal") is solely responsible for lawful business execution.

10.3. Termination for Illegal Use: We may terminate services immediately if the software is used for illegal activities, including banned money circulation schemes.

11. Jurisdiction

These Terms are governed by the laws of India. All disputes shall fall under the exclusive jurisdiction of the Courts of Nashik, Maharashtra (India).

12. Intellectual Property Rights

  • All source code, scripts, designs, database structures, and software components developed by SoftBuilders India remain intellectual property of the Company unless explicitly transferred.
  • The Client receives a license to use, not ownership.
  • Redistribution, resale, duplication, or reverse engineering of the software is prohibited.

13. Client Responsibility for Business Logic

All business rules, calculations, MLM structures, commission formulas, tokenomics, etc., must be provided accurately by the Client. SoftBuilders India is not liable for any dispute caused by incorrect logic provided by the Client.

14. Support, Maintenance & Updates

  • Support is limited to what is included in the purchased package.
  • Additional changes, new features, migrations, or updates are chargeable.
  • Server issues, hosting downtime, and third-party errors are NOT covered under support.

15. Server, Hosting & Deployment Responsibility

The Client is fully responsible for:

  • Hosting
  • Domain & DNS
  • Security
  • SSL
  • Database management
  • Backup & recovery

SoftBuilders India is not liable for hosting-related failures.

16. Refund Policy

All payments made to SoftBuilders India are strictly non-refundable, including but not limited to:

  • Development fees
  • Customization fees
  • Setup charges
  • Server installation charges
  • API integration fees

No refund will be issued due to business failure, legal issues, or client dissatisfaction after delivery.

17. Data Privacy & Compliance

  • SoftBuilders India does not access or store end-user data.
  • The Client is responsible for compliance with GDPR, Indian Data Protection Act, and any other data protection laws.
  • We are not liable for data breaches on the Client’s server or hosting.

18. Misuse of Software

The Client must NOT use the software for illegal purposes, including:

  • Money laundering
  • Terror financing
  • Ponzi schemes
  • Gambling (if prohibited)
  • Fraudulent investment activities

Violation will result in immediate termination without refund.

19. Change of Terms

SoftBuilders India reserves the right to modify or update these Terms at any time. Continued use of the software signifies acceptance of the updated Terms.

20. Force Majeure

SoftBuilders India shall not be held liable for failure or delay in performance due to reasons beyond control, including but not limited to: Natural disasters, War or terrorism, Internet blackouts, Government regulations, Blockchain network outages, and Server provider failures.