Terms & privacy,
in full detail.

1Acceptance & who we are

These Terms of Service ("Terms") form a binding agreement between SoftBuilders India, a software development company based at Canada Corner, Nashik, Maharashtra, India ("SoftBuilders", "we", "us", "the Company"), and the person or organisation that engages us or uses our software or services ("you", "the Client").

By requesting a proposal, signing or accepting a quote, making a payment, or purchasing, installing, accessing or using any software or service we provide, you confirm that you have read, understood and agree to be bound by these Terms. If you are accepting on behalf of a company, you confirm that you are authorised to bind it. If you do not agree, you must not use our software or services.

2Definitions

Proposal

The written quote, statement of work, scope document or order we issue for a project, including any milestones, deliverables and prices.

Deliverables

The software, source code, designs, configurations, documentation and other work we deliver under a Proposal.

Client Materials

Content, logos, text, images, data, business rules, compensation plans, formulas, credentials and other material you supply to us.

Business Logic

The rules your platform runs on, including MLM structures, commission and payout formulas, income types, packages, tokenomics and eligibility criteria.

End Users

Your members, distributors, customers, investors or any other person who uses the platform we build for you.

Third-Party Services

Services not owned by us, such as hosting, domains, payment gateways, SMS and email APIs, KYC providers, blockchain networks, wallets, app stores and cloud platforms.

3Nature of our services

We design, develop, customise, deploy and support software, including MLM and direct selling platforms, ERP systems, websites, mobile apps, crypto and blockchain software, and payment integrations. We build according to the instructions and Business Logic you provide.

We are not:

• A financial institution or payment operator
• A legal advisor or law firm
• A compliance or regulatory consultant
• A business strategist
• A network marketing or direct selling company
• An investment advisor or broker

Any explanation we give about plans, features or industry practice (including on this website and in our blog) is general information, not legal, financial or tax advice. You are responsible for all legal, operational and financial decisions about your business and should take independent professional advice.

4Proposals, scope & order of precedence

• Every engagement is based on a written Proposal. Work starts once you accept the Proposal in writing (including by email or WhatsApp) and pay any advance it requires.
• Only the features, modules, integrations and deliverables listed in the Proposal are in scope. Anything not listed is out of scope.
• Prices in a Proposal are valid for the period stated in it, or 30 days from issue if no period is stated.
• If a signed Proposal, NDA or separate written agreement conflicts with these Terms, that specific document wins for that project. Otherwise these Terms apply.

5Fees, taxes & payment

• Milestone billing. Fees are payable by the milestones set out in the Proposal. We start each milestone once the previous milestone's payment is received.
• Taxes. Unless the Proposal says otherwise, prices exclude GST and other applicable taxes, which are added to invoices at the prevailing rate.
• Third-party costs. Hosting, domains, SSL certificates, app store accounts, SMS and email credits, payment gateway fees, KYC charges, blockchain gas fees and other Third-Party Services are paid by you directly unless the Proposal expressly includes them.
• Late payment. If an invoice is unpaid by its due date, we may pause work, support and delivery until it is paid, and the project timeline will move by at least the period of the delay.
• Recurring fees. Annual maintenance, support or licence fees (if any) are due in advance for each period. If they are not paid, the related service stops at the end of the paid period.

6Timelines & the 7-day go-live

We publish a 7-day go-live target for our ready platforms such as the Smart MLM Engine. That target applies to standard configuration of an existing product, counted in working days from the later of (a) receipt of the advance payment and (b) receipt of everything we need from you: final Business Logic, branding, content, domain and hosting access, and third-party credentials.

Custom development, new modules, integrations, mobile app store approvals and similar work follow the timeline in the Proposal. Timelines are good-faith estimates. They are extended by any delay in your inputs, approvals or payments, by change requests, and by delays in Third-Party Services (for example app store review or payment gateway approval). Missing an estimated date is not a breach of these Terms.

7Your responsibilities

You agree to:

• Provide complete, accurate and final Business Logic, content and requirements on time, and review and approve work promptly.
• Make sure your business model, compensation plan, tokenomics and marketing are lawful in every place where you operate.
• Hold the rights to all Client Materials you give us, and grant us the right to use them to deliver your project.
• Keep admin passwords, API keys, private keys, seed phrases and server credentials secure, and change any credentials you shared with us after handover.
• Obtain any licences, registrations, KYC/AML processes and approvals your business needs.
• Name one decision-maker for the project. Instructions from that person are treated as instructions from you.

All Business Logic, rules, calculations, MLM structures, commission formulas and tokenomics must be supplied accurately by you. We are not liable for any dispute, loss or payout error caused by incorrect or incomplete logic you provided or approved.

8Change requests

Any change to approved scope, designs or Business Logic, including new features, extra income types, additional integrations, migrations or redesigns, is a change request. We will tell you the cost and time impact in writing before doing the work. Change requests are billed separately and may move the delivery date.

9Delivery, testing & acceptance

• When a milestone is ready, we will share it on a staging or live environment for your testing.
• You should test it and report any defects in writing, with steps to reproduce, within 7 days, or within the testing period in the Proposal if one is stated.
• We will fix reported defects that are a failure to meet the agreed scope. Requests for new behaviour are change requests.
• A milestone is accepted when you approve it, when the testing period ends without a written defect report, or when you start using it in live operation, whichever happens first.

10Intellectual property & licence

• Our IP. All source code, scripts, frameworks, designs, database structures, reusable components and know-how developed by SoftBuilders, including our ready products such as the Smart MLM Engine, remain our intellectual property unless a Proposal expressly transfers ownership in writing.
• Your licence. Once you have paid in full, you receive a non-exclusive, non-transferable licence to use the Deliverables for your own business, on the domains and apps covered by the Proposal. You receive a licence to use, not ownership.
• Restrictions. You may not resell, sublicense, redistribute, duplicate for other businesses, white-label for third parties, or reverse engineer the software, or remove our copyright notices from the code, unless the Proposal allows it.
• Your materials. You keep all rights in your Client Materials, brand and data. You give us permission to use them only to deliver and support your project.
• Portfolio. We will only name you, show your logo or describe your project in our portfolio or marketing with your written consent.

11Confidentiality & NDA

We sign a non-disclosure agreement before discovery on request. Whether or not a separate NDA is signed, each party will keep the other's non-public business, technical and financial information confidential, use it only for the project, and share it only with staff and contractors who need it and are bound by similar duties. This does not apply to information that is public, already known to the receiving party, independently developed, or that must be disclosed by law or court order. These duties continue for 3 years after the project ends, and for trade secrets and credentials for as long as they remain confidential.

12MLM & direct selling disclaimer

12.1 Legal compliance

You alone are responsible for making sure your MLM, referral or commission plan complies with all applicable laws, including:

• The Consumer Protection (Direct Selling) Rules, 2021 and the Direct Selling Guidelines, 2016
• The Prize Chits and Money Circulation Schemes (Banning) Act, 1978
• The Banning of Unregulated Deposit Schemes Act, 2019
• Anti-pyramid and anti-Ponzi laws, and consumer protection laws
• Tax, GST and other local and international regulations that apply to you

We do not review, validate, certify or approve the legality of any business model. Building or configuring a plan in our software is not an opinion that the plan is lawful.

12.2 Income claims & financial loss

We do not guarantee income, returns, ROI, member growth or profitability for you or your End Users. Any financial loss suffered by you or your End Users is not our responsibility.

12.3 Business failure

We are not liable for the failure, collapse, suspension, shutdown, regulatory action or insolvency of your business.

13Crypto & blockchain disclaimer

13.1 Market volatility

Crypto assets are highly volatile. We are not responsible for any token price movement, devaluation, delisting, loss of liquidity or market crash.

13.2 Changing regulations

Crypto regulation and taxation change often, in India and elsewhere. If your crypto or token business becomes restricted or unlawful, or needs to change to stay compliant, we are not responsible, and any changes to the software are chargeable.

13.3 Smart contracts

Smart contracts are generally immutable once deployed. You are responsible for reviewing and approving contract logic before deployment, and we strongly recommend an independent third-party audit before handling real funds. We are not liable for the behaviour of contracts after you approve deployment, or for contracts we did not write.

13.4 Security & loss of funds

We are not liable for any loss of funds or tokens caused by:

• Hacked or compromised servers or hosting
• Leaked admin credentials, private keys or seed phrases
• Phishing and social-engineering attacks
• Bugs or outages in third-party blockchain networks, bridges or wallets
• Smart contracts not written by us
• User mistakes, such as transfers to a wrong address or network

You are fully responsible for the security of your wallets, keys and systems.

14Payment gateways & third-party services

Our software may connect to Third-Party Services such as payment gateways, crypto payment processors, SMS and email APIs, KYC providers, blockchain nodes and cloud services. You must hold your own accounts with those providers and accept their terms. We are not responsible for:

• Their downtime, rate limits or performance
• Changes to their APIs, pricing or policies, or account suspension by them
• Failed, delayed, duplicated or reversed transactions on their side
• Security breaches of their systems
• Charges they make to you

If a provider changes its API or policies after delivery, updating the integration is chargeable unless it is covered by an active support plan.

15Hosting, security & backups

Unless the Proposal says we will manage them, you are fully responsible for:

• Hosting and server administration
• Domain names and DNS
• SSL certificates
• Server and network security, firewalls and WAF
• Database administration
• Backups, disaster recovery and restore testing

We follow secure development practices and run security checks before release, but no software or system can be guaranteed free from vulnerabilities. We are not liable for hosting failures, data loss, or unauthorised access to systems we do not manage.

16Support, maintenance & updates

• Support covers only what is included in your purchased package or support plan, for the period stated.
• Support means fixing defects in the software we delivered. New features, design changes, migrations, version upgrades, data correction and training beyond the package are chargeable.
• Issues caused by your hosting, third parties, changes made by you or other developers, or misuse are not covered.
• If anyone other than us changes the source code, we may refuse support for the affected parts or charge to review and repair them.

17Warranty: software provided "as is"

Apart from fixing defects during any testing or support period agreed in the Proposal, all software and services are provided "as is" and "as available", without any other warranty, express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement. In particular, we do not guarantee:

• Zero bugs or error-free operation
• 100% uptime
• Compatibility with every device, browser or OS version
• Instant fixes for every issue
• Any business, legal or financial outcome

18Limitation of liability

To the maximum extent permitted by law, SoftBuilders is not liable for:

• Indirect, incidental, special, punitive or consequential damages
• Loss of profits, revenue, business, goodwill, opportunity or anticipated savings
• Loss or corruption of data, or the cost of recovering it
• Downtime, bugs, errors or interruptions
• Unauthorised access to your data, accounts or hosting
• Issues caused by third-party servers, APIs, wallets, networks or platforms

Total liability cap. Our total cumulative liability for all claims arising from or related to a project or these Terms will not exceed the total amount you paid us for the specific module or service giving rise to the claim in the 3 months before the claim arose.

Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for fraud.

19Indemnification

You agree to indemnify, defend and hold harmless SoftBuilders, its owners, employees and contractors from any claims, liabilities, penalties, legal actions, losses, damages and reasonable legal costs arising from:

• Your business, business model or use of the software
• Your breach of these Terms or of any law
• Disputes with your End Users, members, investors or partners
• Client Materials or Business Logic you provided
• Misuse or misrepresentation of the platform, including income or return claims

20Prohibited use

You must not use our software or services for any unlawful purpose, including:

• Money laundering or terror financing
• Ponzi, pyramid or money circulation schemes
• Unregulated deposit or guaranteed-return schemes
• Gambling or betting where prohibited
• Fraudulent or misleading investment activity
• Sanctions evasion, or any activity that infringes others' rights

Breach of this section allows immediate termination under section 21, without refund.

21Suspension & termination

• By us, immediately, if the software is used for illegal activity (including banned money circulation schemes), if you seriously breach these Terms, or if continuing would expose us to legal risk.
• By us, on notice, if invoices remain unpaid for 30 days after the due date.
• By you, on written notice, at any time. Fees for work completed and milestones already started remain payable.
• After termination, licences for unpaid work end, unpaid amounts become due immediately, and sections 10, 11, 12, 13, 17, 18, 19, 22, 24 and 27 continue to apply.

22Refund policy

All payments made to SoftBuilders are non-refundable, including:

• Development and customisation fees
• Setup and configuration charges
• Server installation and deployment charges
• API and payment gateway integration fees
• Annual maintenance and support fees
• Amounts already paid to third parties for you

No refund will be issued because of business failure, legal or regulatory issues, a change in your plans, or dissatisfaction after delivery and acceptance. Where a Proposal expressly provides for a refund in a particular situation, or where the law requires one, that provision applies.

23Data you give us to process

When we build, deploy or support your platform, we may have access to data about your End Users. For that data, you are the data fiduciary (data controller) and we act only as your data processor. We will:

• Access it only as needed to deliver or support the project, and only on your instructions
• Keep it confidential and protect it with reasonable security safeguards
• Not sell it or use it for our own purposes
• Delete or return copies we hold when the work is complete or on your request, unless the law requires us to keep them

You are responsible for having a lawful basis to collect and process End User data, for your own privacy notice, and for compliance with the Digital Personal Data Protection Act, 2023, the GDPR where it applies, and other data protection laws. We are not liable for data breaches on servers or hosting we do not manage.

24Relationship with your end users

No contract with End Users. We have no contractual relationship with your End Users. Any dispute about payouts, commissions, withdrawals, KYC, refunds or anything else must be settled between you and your End Users. You must not tell End Users that SoftBuilders operates, guarantees or endorses your business.

Independent parties. We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. We do not own or operate your business, and liability for it remains entirely with you.

25Indian law & safe harbour

Intermediary protection. To the extent we host, store or transmit information on your behalf, we act as an intermediary and rely on the protections of Section 79 of the Information Technology Act, 2000.

Contractual responsibility. Under the Indian Contract Act, 1872, you, as the principal of your business, are solely responsible for carrying it out lawfully.

Lawful requests. We will cooperate with valid orders from courts and government authorities, which may include disclosing information or disabling access to software we host.

26Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, riots, internet or power outages, government action or changes in law, blockchain network outages, and failures of hosting or other service providers. Payment obligations for work already done are not excused.

27Disputes & jurisdiction

These Terms and any project are governed by the laws of India. If a dispute arises, both parties will first try in good faith to resolve it by negotiation for at least 30 days after written notice. If it is not resolved, the courts of Nashik, Maharashtra, India have exclusive jurisdiction.

28Use of this website

• Content on softbuilders.in, including articles, plan explanations, product descriptions, demos and estimates, is general information. It may be incomplete or out of date and is not legal, financial or investment advice.
• Product features, prices, timelines and statistics shown on the website are indicative. Only a written Proposal is binding.
• The website's design, text, graphics, logos and code belong to SoftBuilders. You may not copy or reuse them without permission, except for personal reference.
• You must not attempt to disrupt, probe, scrape at scale or gain unauthorised access to the website.
• Links to third-party sites are provided for convenience. We are not responsible for their content or practices.

29General terms

• Entire agreement. These Terms, together with the Proposal and any NDA, are the entire agreement for a project and replace earlier discussions.
• Severability. If any part is found invalid, the rest stays in force, and the invalid part is applied as far as the law allows.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not transfer your rights under these Terms without our written consent. We may use qualified subcontractors and remain responsible for their work.
• Notices. Formal notices must be sent by email to info@softbuilders.in or to the email address in your Proposal. Day-to-day project communication by WhatsApp or email is fine.

30Changes to these terms

We may update these Terms from time to time. The "last updated" date at the top shows when they last changed. Changes apply to new Proposals from that date. For ongoing projects, the version in force when you accepted the Proposal applies, unless you agree to the new version or continue to use the software or services after we notify you of a material change.

This policy explains what personal data SoftBuilders collects through this website and our business, why, who we share it with, how long we keep it and the rights you have. It is written to meet the Digital Personal Data Protection Act, 2023 ("DPDP Act") and the Information Technology Act, 2000 and its rules.

1Who we are

SoftBuilders India, Canada Corner, Nashik, Maharashtra, India, is the data fiduciary responsible for personal data described in this policy. You can contact us about privacy at info@softbuilders.in or on +91 86683 09044.

2Scope of this policy

This policy covers visitors to softbuilders.in, people who contact us, and our clients' contacts. It does not cover the platforms we build for clients. Those platforms are operated by our clients, who are responsible for their own privacy notices (see section 12).

3Personal data we collect

We do not knowingly collect sensitive data such as financial account numbers, biometric data or health information through this website. Please do not send passwords, private keys or seed phrases to us by form, email or chat.

4How we use it

• To reply to your enquiry, schedule demos and calls, and prepare proposals and quotes
• To deliver, support and invoice the services you engage us for
• To send project updates and, where you have agreed, occasional information about relevant products (you can opt out at any time)
• To understand how the website is used and improve it
• To keep the website and our systems secure and prevent misuse
• To meet legal, tax and accounting obligations and to establish or defend legal claims

We do not sell, rent or trade personal data, and we do not use it for automated decisions that have legal or similar effects on you.

5Legal basis & consent

We process personal data on the basis of your consent, which you give by contacting us or by accepting analytics cookies, and for legitimate uses permitted by the DPDP Act, such as using information you voluntarily provide for the purpose you provided it, and complying with law. You can withdraw consent at any time by emailing info@softbuilders.in. Withdrawal does not affect processing already done, and we may not be able to continue a service that depends on it.

6Cookies & browser storage

Fonts and icons are loaded from Google Fonts and Cloudflare's CDN, which receive your IP address to deliver them. You can block or delete cookies in your browser settings, and you can opt out of Google Analytics with Google's browser add-on. The website works without analytics cookies.

7Who we share it with

We share personal data only when needed, and only with:

• Service providers that help us run our business, such as Google (Analytics, Gmail and Workspace), Meta (WhatsApp), our web hosting provider, Google Fonts and Cloudflare (CDN). They process data under their own terms and security commitments.
• Our staff and trusted contractors working on your enquiry or project, bound by confidentiality.
• Professional advisers such as accountants, auditors and lawyers, where necessary.
• Authorities when required by law, court order or a lawful government request, or to protect our rights, users or the public.
• A successor if our business is reorganised, merged or sold, under the same protections.

8International transfers

Some of our service providers, including Google, Meta and Cloudflare, may store or process data outside India. We transfer data only as permitted under the DPDP Act and any restrictions notified by the Government of India, and we rely on providers that maintain recognised security standards.

9How long we keep it

• Enquiries that do not become projects: up to 2 years after our last contact, then deleted.
• Client and project records: for the duration of the engagement and up to 8 years afterwards, to meet tax, accounting and legal requirements.
• Analytics data: according to our Google Analytics retention setting, at most 14 months.
• Server logs: as kept by our hosting provider, typically up to 90 days.

When data is no longer needed, or when you withdraw consent and no legal duty requires us to keep it, we delete or anonymise it.

10How we protect it

We use reasonable security practices, in line with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the DPDP Act. These include HTTPS encryption, restricted access on a need-to-know basis, strong authentication on our accounts, confidentiality obligations for staff and contractors, and secure handling of client credentials. No method of transmission or storage is completely secure, so we cannot guarantee absolute security. If a personal data breach occurs, we will notify affected people and the Data Protection Board of India as the law requires.

11Your rights

Under the DPDP Act and other applicable laws, you have the right to:

• Accessa summary of the personal data we hold about you and how we use it, and who we have shared it with
• Correct and updateinaccurate or incomplete data
• Erasedata we no longer need or are not required to keep
• Withdraw consentat any time, as easily as you gave it
• Grievance redressalthrough our grievance officer
• Nominatesomeone to exercise your rights in case of death or incapacity

To use any of these rights, email info@softbuilders.in with the subject "Privacy request". We may need to verify your identity, and we will respond within the time required by law, and in any case within 30 days.

12Client platforms & end users

If you are a member, distributor or customer of a platform built by SoftBuilders, that platform is operated by our client, not by us. Our client is the data fiduciary for your data and decides how it is used; we act only as their processor, as described in section 23 of the Terms. Please contact the platform operator first about your data. If you contact us, we will forward your request to them.

13Children

Our website and services are intended for businesses and adults. We do not knowingly collect personal data from anyone under 18. If you believe a child has sent us personal data, contact us and we will delete it.

14Grievance officer & complaints

We will acknowledge your grievance within 24 hours and resolve it within the time required by law. If you are not satisfied with our response, you may complain to the Data Protection Board of India.

15Changes to this policy

We may update this policy as our practices or the law change. The "last updated" date at the top shows the latest version. If we make a material change, we will highlight it on this page and, where appropriate, notify clients directly.