Terms of Service

1. Acceptance of Terms

By accessing or using the Productivity Catalyst website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you ("Client", "you", or "your") and Productivity Catalyst ("Company", "we", "us", or "our").

2. Nature of Services

Productivity Catalyst provides business consulting, automation, and AI-enabled solutions services. Our services are:

• Advisory and consulting in nature
• Focused on process improvement, automation design, and operational excellence
• Delivered through analysis, recommendations, and hands-on implementation support
• Customized to each client's specific needs and circumstances

Important: We do not guarantee specific business outcomes. Results depend on many factors including client implementation, market conditions, and organizational readiness.

3. Engagement Process

3.1 Discovery & Assessment

Initial engagements typically begin with a discovery call and/or assessment phase to understand your business needs, challenges, and goals. This phase helps us determine if our services are appropriate for your situation.

3.2 Proposal & Agreement

Following assessment, we provide a detailed proposal outlining scope, deliverables, timeline, and fees. Engagements commence upon your written acceptance of the proposal.

3.3 Scope

Services are delivered within the agreed scope. Changes to scope require mutual written agreement and may affect timeline and fees.

4. Payment Terms

• Fees: As specified in your engagement proposal. Payment schedules are outlined in individual contracts.
• Invoicing: We invoice according to agreed milestones or monthly in advance for retainer arrangements.
• Payment Terms: Net 30 days from invoice date unless otherwise agreed.
• Late Payments: Interest may accrue on overdue amounts at 1.5% per month.
• Currency: All fees are quoted and payable in INR unless specified otherwise.

5. Intellectual Property

5.1 Client Materials

You retain ownership of all data, information, and materials ("Client Materials") you provide to us. You grant us a limited license to use Client Materials solely for providing services to you.

5.2 Deliverables

Upon full payment, you receive ownership of custom deliverables created specifically for you, including documents, templates, and configurations. Standard methodologies, frameworks, tools, and pre-existing intellectual property remain our property or that of respective third parties.

5.3 License to Use

We grant you a non-exclusive, non-transferable license to use any tools, templates, or frameworks provided during the engagement, solely for your internal business purposes.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the engagement. Confidential information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully possessed prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law

Confidentiality obligations survive termination of the engagement for a period of 3 years.

7. Warranties & Disclaimers

7.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• We have the right to enter into this agreement
• Our deliverables will not infringe third-party intellectual property rights

7.2 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant specific results, outcomes, or business improvements.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Aggregate Liability: Our total liability under these Terms shall not exceed the fees paid by you in the 12 months preceding the claim.
• Consequential Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.
• Basis of Bargain: These limitations reflect the allocation of risk between parties and form an essential basis of the bargain.

9. Termination

9.1 Termination for Convenience

Either party may terminate an engagement with 30 days' written notice. Upon termination:

• You pay for all services rendered through the termination date
• We deliver all completed work product
• Both parties return or destroy confidential information

9.2 Termination for Breach

Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within 15 days of written notice.

10. Independent Contractor

We are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Neither party has authority to bind the other or incur obligations on behalf of the other.

11. Force Majeure

Neither party shall be liable for failures or delays in performance due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemic, government actions, or infrastructure failures.

12. Governing Law & Disputes

These Terms are governed by the laws of India. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

Before initiating legal action, parties agree to attempt good-faith resolution through direct negotiation. If unresolved within 30 days, either party may pursue legal remedies.

13. General Provisions

• Entire Agreement: These Terms, together with your engagement proposal, constitute the entire agreement between parties.
• Amendments: Modifications require written agreement signed by both parties.
• Waiver: Failure to enforce any provision shall not constitute a waiver.
• Severability: If any provision is found unenforceable, the remainder shall continue in effect.
• Assignment: You may not assign these Terms without our written consent. We may assign upon notice.
• Notices: All notices shall be in writing and delivered to the contact information provided.

14. Contact Information

For questions regarding these Terms of Service, please contact us: