Terms of service

Draft for review. This text is a starting point written for Havik ProtoLabs. Have it reviewed by a lawyer familiar with the Indian DPDP Act 2023, the IT Act 2000 and, if you serve EU customers, the GDPR, before publishing.

1. These terms

These terms govern your use of havik.in (the "Site") and, unless a signed agreement says otherwise, the basis on which Havik ProtoLabs Pvt. Ltd. ("Havik", "we") provides software development services. A signed statement of work, master services agreement or proposal accepted in writing ("Agreement") takes precedence over these terms where they conflict.

2. Use of the Site

You may browse the Site and use its content for evaluating our services. You may not scrape the Site, attempt to gain unauthorised access to it, or use it to send unsolicited messages. The Site is provided "as is"; we aim to keep it accurate but do not warrant that it is error-free or always available.

3. Intellectual property on the Site

The Site, its text, graphics, illustrations and code are owned by Havik or its licensors. Havik ProtoLabs, echoSignals, ICEBERG, Privyie and Dhahab are names and marks of Havik. MetaTrader, MT4 and MT5 are marks of MetaQuotes Ltd.; other marks belong to their owners. Nothing on the Site grants you a licence to any mark.

4. Engagements

4.1 Specification

Every engagement begins with a written specification that both parties sign off. Work is delivered against that specification. Changes are agreed in writing and may affect price and schedule.

4.2 Fees and payment

Fees, milestones and payment terms are set out in the Agreement. Unless it says otherwise, invoices are payable within 14 days, in the currency stated, and we may pause work on overdue accounts. Taxes are charged as applicable; GST applies to Indian clients.

4.3 Client responsibilities

You will provide timely access to the systems, accounts, credentials, test environments and decisions the work needs, and you confirm you are entitled to grant that access. You are responsible for your use of the delivered software, including its compliance with laws and regulations that apply to your business, such as financial-services licensing.

4.4 Intellectual property in deliverables

On payment in full, ownership of the deliverables created specifically for you under the Agreement transfers to you, and we hand over source code, build instructions and documentation as the Agreement describes. We retain ownership of our pre-existing materials, tools, libraries and products (including ICEBERG, echoSignals, Privyie and Dhahab) and grant you a licence to use them as embedded in the deliverables. We will not reuse your strategy logic, business rules or confidential material in another client's product or in our own catalogue.

4.5 Confidentiality

Each party will keep the other's confidential information confidential and use it only for the engagement. We will sign a mutual non-disclosure agreement on request before detailed discussions.

4.6 Acceptance and support

Deliverables are accepted against the specification and its acceptance criteria. Defects reported within the defect window stated in the Agreement are corrected at no charge. Support beyond that window, and changes outside the specification, are provided under a support agreement or a monthly engineering block.

4.7 Warranties and disclaimers

We warrant that deliverables will materially conform to the agreed specification for the defect window. We do not warrant that any trading strategy, signal, model or automation will be profitable, that any payment or market-data integration will be uninterrupted, or that software will be free of all defects. Trading in financial instruments carries risk; see our risk disclaimer. Except as stated, all warranties implied by law are excluded to the extent permitted.

4.8 Limitation of liability

To the extent permitted by law, our total liability arising out of an engagement is limited to the fees paid under the relevant Agreement in the 12 months before the claim, and neither party is liable for indirect or consequential loss, loss of profits, trading losses or loss of data. Nothing limits liability for fraud, death or personal injury caused by negligence, or anything that cannot be limited by law.

5. Products

Our products — echoSignals, Privyie and others — are governed by their own terms and licence agreements, presented where you sign up or purchase. Those terms apply to the products instead of section 4.

6. Governing law

These terms and any Agreement are governed by the laws of India. The courts at Ranchi, Jharkhand have exclusive jurisdiction, unless an Agreement provides for arbitration or another forum.

7. Contact

Havik ProtoLabs Pvt. Ltd., 3rd Floor, Nile Complex, Kanta Toli, Ranchi – 834001, Jharkhand, India · info@havik.in · +91 651 3105375.