Terms of Service

1. Company Overview

Earning Planer IT Services ("we", "our", "us") is a Jaipur‑based, founder‑led IT firm providing digital solutions including MERN stack development, mobile applications, Telegram bots & mini apps, API integrations, UI/UX design, digital marketing, and technical education. We operate globally but are registered under Udyam (MSME) in India and comply with applicable Indian laws.

We do not engage in any form of real‑money gaming, gambling, betting, or any activity prohibited by the Online Gaming Bill, 2025 or other Indian regulations. Our services are strictly limited to software development and IT consulting. We do not operate, host, or manage any platform that involves financial transactions between end users without explicit written agreement and compliance verification.

2. Scope of Services

We offer the following services (collectively, “Services”):

• Custom web application development (MERN stack, React, Node.js, etc.)
• Mobile app development (Android, iOS, cross‑platform)
• Telegram bot and mini‑app development
• API design, integration, and automation
• UI/UX design and graphic design assets
• Digital marketing, SEO, and social media support
• Website hosting, maintenance, and technical support
• Educational content (YouTube tutorials, documentation)

We do not provide any service that involves commission‑based revenue sharing, affiliate marketing payouts, or any arrangement where our compensation depends on the client's earnings from the product. All our projects are fixed‑fee or time‑based, quoted upfront. We build products; we do not take a cut of your sales, ads, or user transactions.

3. Client Responsibilities & Compliance

By engaging our Services, you (the “Client”) acknowledge and agree that:

• Sole responsibility for usage: We deliver a functional product (website, app, bot) according to agreed specifications. After delivery, the Client has full control and is solely responsible for how the product is used, including any content, user interactions, and compliance with applicable laws.
• No control over client operations: We do not monitor, moderate, or manage the Client's platform. We are not responsible for any user‑generated content, transactions, or activities that occur on the Client's platform.
• Legal compliance: The Client must ensure that their use of our product complies with all local, state, national, and international laws, including but not limited to the IT Act, 2000, data protection laws, and any industry‑specific regulations (e.g., RBI guidelines for financial apps). We do not provide legal advice; the Client should consult their own legal counsel.
• No commission or revenue share: We do not charge commissions on client revenue, nor do we accept any percentage of transactions. Our fees are fixed as quoted. The Client retains 100% of any income generated from the product.
• KYC and AML: If the Client's platform involves financial transactions, the Client is solely responsible for implementing Know Your Customer (KYC), anti‑money laundering (AML) checks, and all required verifications.
• Third‑party services: If the Client integrates third‑party APIs (payment gateways, analytics, etc.), the Client is responsible for complying with those third parties' terms.

4. Intellectual Property Rights

Upon full payment of the agreed fees, the Client receives ownership of the final deliverables (source code, design files, etc.) specifically created for the project. However:

• We retain ownership of any pre‑existing code, libraries, frameworks, and tools (our “Proprietary Technology”) that we use to build the product. We grant the Client a perpetual, royalty‑free license to use such Proprietary Technology as part of the delivered product.
• If the Client wishes to obtain exclusive ownership of any underlying tools or custom‑built components, a separate agreement can be made.
• The Client may not resell, distribute, or sublicense our Proprietary Technology independently of the delivered product.

5. Payments, Hosting & Recurring Fees

Project fees: All development fees are quoted and agreed upon before work begins. We issue invoices and accept payments via bank transfer, Razorpay, or other mutually agreed methods.

Hosting & maintenance: Many of our plans include monthly hosting/maintenance fees (e.g., ₹200–₹500 per month). These cover server costs, backups, security updates, and ongoing support. The first month is often free. If the Client chooses to host elsewhere, a one‑time setup fee may apply, and we provide the code for self‑hosting.

No refunds: Due to the nature of digital work, all payments are non‑refundable once work has commenced. If the project is cancelled before completion, the Client pays for the work done up to that point.

6. Limitation of Liability

To the fullest extent permitted by law, and in accordance with Section 79 of the IT Act, 2000 (intermediary liability), Earning Planer IT Services acts as a service provider and shall not be liable for:

• Any illegal, fraudulent, or unauthorized activities carried out by the Client or the Client's end‑users using the product.
• Any financial loss, penalty, legal action, or reputational damage arising from the Client's operation of the product.
• Any third‑party claims arising out of the Client's content, services, or business practices.
• Service interruptions or data loss caused by factors beyond our reasonable control (e.g., hosting provider outages, cyberattacks).

In no event shall our total liability exceed the total fees paid by the Client for the specific project giving rise to the claim.

Indemnification: The Client agrees to indemnify and hold harmless Earning Planer IT Services, its founder, employees, and affiliates from any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of the Client's use of the product or violation of these Terms.

7. Termination

We reserve the right to refuse or terminate services for any client at our discretion, particularly if:

• The Client engages in or requests development of illegal, unethical, or prohibited activities (e.g., gambling in restricted jurisdictions, hate speech platforms).
• The Client fails to make timely payments.
• The Client violates any material term of this agreement.

Upon termination, the Client must pay for all work completed up to that date. We will provide the then‑current version of the work product (source code) upon full settlement.

8. Confidentiality

Both parties agree to keep confidential all non‑public information disclosed during the project (business plans, technical data, client lists). This obligation does not apply to information that is publicly known or required to be disclosed by law. We may list the Client in our portfolio unless requested otherwise.

9. Disclaimer of Warranties

Our Services are provided “as is” and “as available.” We make no warranties, express or implied, regarding the product's fitness for a particular purpose, merchantability, or that it will operate uninterrupted or error‑free. We do not guarantee that the Client's platform will achieve any specific level of revenue, user engagement, or regulatory approval. The Client assumes all risk related to the performance and success of their product.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good‑faith negotiations. If unresolved, the dispute shall be subject to the exclusive jurisdiction of the courts in Jaipur, Rajasthan, India.

11. Amendments

We may update these Terms from time to time to reflect changes in our practices or legal requirements. The updated version will be posted on this page with a revised “Last updated” date. Your continued use of our Services after such changes constitutes your acceptance.

12. Contact Us

If you have any questions about these Terms, please reach out: