Effective Date: October 5, 2026

INTRODUCTION AND SCOPE OF AGREEMENT

This Master Terms of Use and Operational Service Agreement establishes the legal framework, commercial boundaries, and operational mechanics governing the relationship between Betwene (“we,” “our,” or “the Agency”) and our commercial trade clients (“you,” “your,” or “the Client”). We engineer, deploy, and manage outward-facing digital infrastructure and interactive web applications designed strictly for commercial entities.

By engaging our services, remitting the initial setup invoice, or utilizing our active cloud infrastructure, you enter into a legally binding B2B contract governed by the provisions detailed below. This document is structured to provide mutual clarity regarding intellectual property boundaries, ongoing maintenance scopes, financial obligations, and service reliability safeguards. If you do not accept these terms in their entirety, you must not proceed with our onboarding funnel or utilize our managed hosting services.

PART I: ARCHITECTURAL LICENSING AND DIGITAL OWNERSHIP

1.1 Proprietary Engine and Codebase Ownership

We utilize a highly specialized, proprietary digital architecture to deploy high-performance web applications. The underlying codebase, component templates, calculation state machines, digital layouts, and deployment pipelines utilized to construct your website remain the exclusive intellectual property of Betwene. You are purchasing a fully managed digital service rather than acquiring portable, standalone software. We retain all global copyrights and structural ownership over the engineering mechanisms powering the final deliverable.

1.2 Revocable Commercial License

Upon full payment of the initial setup fee and continuous remittance of the monthly care plan, we grant you a non-exclusive, non-transferable, revocable license to utilize, display, and operate the customized web application for your commercial benefit. This license remains active exclusively while your monthly subscription is in good standing. This license does not grant you the right to modify the raw source code, reverse-engineer the interactive calculation tools, or resell the digital architecture to third-party entities.

1.3 Absence of Code Export and Raw File Delivery

To maintain the security, update velocity, and performance integrity of our server environments, we do not permit external access to our repository architecture. We are under no contractual obligation to package, transfer, or export raw repository code, React components, styling tokens, or backend server configurations to third-party hosting environments. Your digital assets exist exclusively within our managed cloud infrastructure.

PART II: ECONOMIC FRAMEWORK AND SUBSCRIPTION MECHANICS

2.1 Dual-Tier Financial Architecture

Our service operates on a rigid, dual-tier pricing model engineered to eliminate standard agency friction. The initial engagement requires a subsidized upfront setup fee. This fee covers the custom construction of the web application, brand integration, and initial staging deployment. Following the public launch of the digital asset, your account transitions immediately to the recurring monthly care plan. This ongoing retainer covers active cloud hosting, secure SSL certification, and defined routine maintenance.

2.2 Currency Normalization and Processing

All commercial transactions, invoices, and automated recurring billing events are processed strictly in United States Dollars (USD). We utilize automated, tier-one merchant processing endpoints to manage subscriptions. Any foreign transaction charges, currency conversion rate fluctuations, or international processing fees assessed by your localized banking institution remain your sole financial responsibility and cannot be deducted from our standard service rates.

2.3 Billing Default and Grace Periods

Subscription payments for the monthly care plan are executed automatically on a defined thirty-day cycle. In the event a recurring charge fails due to an expired payment method or insufficient funds, our billing system will initiate a limited, automated retry sequence spanning a maximum grace period of five business days. We will dispatch administrative notices to your registered email address during this window.

2.4 Immediate Decommissioning Protocol

Because your customized interactive tools and website architecture rely entirely on our proprietary server infrastructure, continuous operation requires an active, paid subscription. Failure to resolve a billing default before the expiration of the grace period results in the immediate, automated suspension of the website. Your domain routing will be disconnected, and the live server instances will be taken offline. We hold zero obligation to maintain free staging mirrors, retain historical data backups, or provide temporary digital access for delinquent accounts.

PART III: PROJECT SCOPE AND OPERATIONAL BOUNDARIES

3.1 The Green Light Maintenance Scope

The recurring monthly care plan includes specific, routine maintenance operations defined strictly as Green Light tasks. These tasks are executed at no additional cost to ensure your digital asset remains current. Permitted operations include minor textual adjustments to existing paragraphs, updating business hours, modifying published contact credentials, replacing photographic assets within existing galleries, updating embedded calendar links, and adjusting numerical variables inside existing interactive calculator formulas.

3.2 The Yellow Light Premium Upgrade Scope

Requests falling outside routine maintenance are classified as premium upgrades and require an independent, upfront project fee before engineering commences. Yellow Light tasks include the architectural construction of entirely new service pages, the implementation of net-new interactive mathematical tools, the creation of custom vector branding assets, or the execution of top-to-bottom sales copywriting services. We will supply a flat-rate invoice for any requested upgrade, and development will proceed only upon financial clearing of that specific invoice.

3.3 The Red Light Operational Exclusion Scope

To protect our core engineering focus and maintain high development velocity, we strictly exclude certain digital operations from our service model. We do not build multi-user backend login portals. We do not provide continuous weekly content marketing or external search engine optimization services. We do not engineer complex multi-sku physical e-commerce architectures. We will not administer, configure, or troubleshoot external corporate email tenants or third-party digital workspaces. Any request falling within these parameters will be formally rejected.

3.4 Fair Use Maintenance Thresholds

While Green Light edits are actively included within your standard monthly care plan, they remain subject to an equitable fair-use operational threshold. Continuous, daily micro-edits, repetitive stylistic experiments, or bulk asset revisions that exceed typical commercial maintenance allowances may be administratively throttled. We reserve the right to reclassify excessive, high-frequency revision requests as billable Yellow Light projects to protect our engineering resources.

PART IV: DELIVERY MECHANICS AND COMMUNICATION PROTOCOLS

4.1 Asynchronous Operations and Meeting Elimination

Our operational model is designed for maximum engineering efficiency and minimal disruption to your daily commercial operations. We enforce a strict zero-meeting policy across our entire client base. We do not conduct live video alignment sessions, synchronous design reviews, or scheduled phone consultations. All project directives, technical feedback, and structural approvals are executed asynchronously via priority email channels, centralized text ticketing, and recorded video demonstrations.

4.2 Project Initiation and Scope Finality

Project engineering commences strictly upon the submission of our standardized digital onboarding questionnaire. This document captures your core aesthetic preferences, service definitions, and functional requirements. The answers provided within this initial intake funnel permanently lock the scope of the project. Any functional requirement, trade niche specification, or visual preference omitted by the client during this initial intake phase cannot be retroactively claimed as an unfulfilled agency deliverable post-launch.

4.3 Rapid Turnaround Estimates

We engineer our deployment pipelines to achieve rapid commercial launches, typically targeting initial staging delivery within seven business days. These timeframes represent standard internal engineering goals rather than legally binding commercial delivery guarantees. Project timelines pause automatically and indefinitely whenever third-party domain routing delays occur, or when a client fails to supply mandatory textual assets, brand approvals, or onboarding responses required for deployment.

4.4 Support Response Windows

Administrative and technical support is managed exclusively through our dedicated digital queues. We commit to a standard operational review and execution window of 24 to 48 business hours for all minor text and photographic adjustments submitted by active clients. This timeline excludes weekends, regional Indian national holidays, and periods of documented infrastructure downtime.

PART V: CLIENT RESPONSIBILITIES AND ASSET WARRANTIES

5.1 Intellectual Property Warranties on Client Assets

You must ensure that all digital assets submitted to our agency are legally cleared for commercial deployment. The client warrants and represents that any and all trade logos, photographic imagery, proprietary slogans, and textual information provided during the onboarding sequence or extracted from public social media profiles with the client's consent, are the exclusive intellectual property of the client, or that the client holds a valid, transferrable commercial license for their use.

5.2 Indemnification Against Infringement

You agree to fully indemnify, defend, and hold Betwene and its operational officers harmless against any third-party claims, legal actions, financial penalties, or litigation arising from copyright, trademark, or intellectual property infringement related to the digital assets you supply. We operate under the explicit assumption that the materials you instruct us to publish are legally yours to utilize in a public commercial capacity.

5.3 Placeholder Asset Usage and Final Verification

During the engineering and staging phases, we routinely utilize generic brand placeholders, temporary regional phone numbers, and royalty-free contextual imagery to establish layout structures. The client bears affirmative, non-delegable responsibility to review, verify, and formally approve all visual assets, legal disclaimers, and business contact details prior to authorizing the public commercial deployment of the web application.

5.4 Local Trade Licensing and Regulatory Compliance

We operate strictly as an independent digital engineering contractor. We do not monitor, verify, or enforce localized municipal trade regulations. The client warrants that they hold all required state licenses, local municipal registrations, mandatory trade insurance, and statutory permits necessary to advertise and execute their commercial services in their respective geographic markets. We bear absolute zero liability for any regulatory infractions, government fines, or consumer protection violations arising from the client’s physical trade operations or advertised service claims.

PART VI: SERVICE RELIABILITY AND INFRASTRUCTURE DISCLAIMERS

6.1 Third-Party Cloud Dependencies

The modern digital environments we architect rely heavily on interconnected, tier-one cloud providers. We utilize specialized vendors for global content delivery, domain routing, server scaling, and intake form processing. While we vet these sub-processors for enterprise-grade reliability, we cannot control their internal operations. We explicitly disclaim direct liability for temporary website downtime, server latency spikes, DNS propagation delays, or upstream infrastructure failures generated outside our direct physical control.

6.2 Marketing Tools and Output Accuracy

Our digital products frequently feature dynamic front-end calculation engines, rapid quote estimators, and intelligent callback triage forms. These elements are designed strictly as top-of-funnel marketing tools to increase consumer engagement and capture preliminary lead data. They utilize localized mathematical state logic to provide rough estimates. We disclaim any guarantee that the automated calculations will match final, on-site contractor job costs. The client retains full responsibility for physically quoting projects, finalizing binding consumer pricing, and executing commercial contracts off-platform.

6.3 Business Metrics and Performance Disclaimers

We build high-performance digital infrastructure; we do not guarantee market economics. We disclaim any express or implied guarantee regarding specific inbound lead volumes, exact search engine ranking positions, increased market share, or guaranteed business revenue resulting from the deployment of our web applications. Digital conversion velocity relies on external market variables entirely outside our operational mandate.

PART VII: FINANCIAL COMPLIANCE AND DISPUTE RESOLUTION

7.1 Chargeback Prohibition and Fraud Countermeasures

We maintain a zero-tolerance policy for financial dispute manipulation. Clients agree to resolve any and all billing inquiries, perceived overcharges, or subscription disputes directly through our official administrative support channels prior to contacting their banking institution. Initiating a merchant payment dispute or credit card chargeback without prior written notification and internal review constitutes an immediate, material breach of this agreement.

7.2 Consequences of Unauthorized Chargebacks

Executing an unauthorized chargeback immediately invalidates your commercial license. In such events, we will execute an immediate termination of all active hosting environments, permanently blacklist the client entity and its associated principals from our agency infrastructure, and reserve the right to route the disputed balance to authorized international collection agencies.

7.3 Mutual Security and Good Faith Negotiation

Both parties agree to operate in commercial good faith. Should a material disagreement arise regarding service delivery or subscription mechanics, the aggrieved party must issue a formal written notice of the dispute. Both parties commit to a mandatory thirty-day negotiation window to resolve the discrepancy internally before escalating the matter to formal legal or financial channels.

PART VIII: LIMITATION OF LIABILITY AND LEGAL PROTECTIONS

8.1 Absolute Cap on Cumulative Monetary Damages

To protect our agency against asymmetric international legal liability while maintaining our subsidized pricing architecture, we enforce a strict, absolute cap on all financial recovery. In the event of a proven breach of service, critical system error, data discrepancy, or contractual failure arising under these terms, Betwene’s total cumulative financial liability shall never exceed the exact monetary amount actually paid by the specific client for the monthly care plan in the three months immediately preceding the event giving rise to the claim.

8.2 Waiver of Consequential and Special Damages

Under no circumstances shall Betwene, its engineers, directors, or operational partners be held liable for indirect, special, punitive, incidental, or consequential damages. This explicit waiver completely bars the recovery of claims regarding lost contractor profits, missed commercial bidding opportunities, corrupted lead data, reputational market harm, or wasted third-party advertising expenditures, even in instances where our agency was explicitly forewarned of the potential for such specific losses.

PART IX: GOVERNING LAW AND MISCELLANEOUS PROVISIONS

9.1 Exclusive Indian Judicial Forum

This Master Terms of Use agreement, alongside all associated operational policies, is governed entirely and exclusively by the laws of the Republic of India. Any legal dispute, statutory claim, binding arbitration, or commercial litigation arising out of the performance, interpretation, or breach of these terms must be instituted exclusively within the competent courts of New Delhi, India. Both parties explicitly waive any right to pursue legal actions, class-action lawsuits, or tort claims in foreign municipal or federal courts.

9.2 Portfolio Display and Case Study Demonstration Rights

We reserve the royalty-free, perpetual right to showcase completed client websites, dynamic tool architectures, and aggregated performance metrics as live portfolio samples. We maintain the authority to utilize your active web application in marketing case studies and asynchronous video walk-through demonstrations for prospective clients, serving as verifiable proof of our engineering capabilities.

9.3 Force Majeure and Uncontrollable Interruptions

Neither Betwene nor the Client shall be held legally liable or placed in breach of contract for performance delays or service delivery failures caused by events outside reasonable operational control. The doctrine of frustration applies to events including, but not limited to, international subsea data cable cuts, municipal electrical grid failures, national telecommunications disruptions, labor unrest, sudden digital embargoes, or government-imposed internet firewalls.

9.4 Severability and Waiver

If any specific clause, operational provision, or legal boundary within this agreement is deemed unenforceable or invalid by a court of competent jurisdiction in New Delhi, that specific provision shall be severed from the document. The invalidation of a single clause shall not affect the validity, enforceability, or operational weight of the remaining provisions, which shall remain in full commercial effect.

9.5 Unilateral Terms Modification and Continued Acceptance

The technological landscape, international compliance requirements, and vendor economics governing cloud infrastructure evolve constantly. Betwene reserves the unilateral right to amend, update, or revise these operational terms at any time at our sole discretion. Structural modifications will be published to our primary administrative portal. We operate under the standard commercial protocol that your continued payment of the monthly care plan, or the continued hosting of your digital application following the publication of revised terms, constitutes your full, binding, and irrevocable legal acceptance of the updated agreement.