Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you (whether individually or on behalf of a corporate entity, "Client", "you") and PMDG Technologies ("PMDG", "we", "us", or "our"), governing your access to and use of our website, software products, bespoke engineering services, automated workflows, and artificial intelligence solutions.

By accessing our digital properties, executing a Statement of Work ("SOW"), engaging our consulting services, or issuing a purchase order, you affirm that you possess full corporate legal authority to bind your organization to these Terms. If you do not agree to these Terms, you must immediately refrain from accessing or utilizing PMDG's services.

PMDG Technologies provides digital enterprise engineering, custom cloud applications, automated business workflows, AI integrations, data science models, and managed IT services. Detailed deliverables, technical specifications, timelines, acceptance criteria, and fee structures will be delineated in individual Statements of Work executed by authorized representatives of both parties.

• Change Orders: Any expansion, alteration, or reduction of project scope beyond the specifications in the active SOW requires a formal written Change Order signed by both parties, detailing the timeline and cost impact before implementation.
• Subcontracting & Resources: PMDG may deploy its certified internal engineering squads across our development centres in India and Malaysia, maintaining full accountability for code quality, strict adherence to security protocols, and timely milestone delivery.

Successful technical implementation is a collaborative endeavor. To enable PMDG to satisfy established project milestones, Client agrees to:

• Provide timely access to relevant staging environments, API credentials, third-party software documentation, and authorized project contacts.
• Deliver requisite business logic definitions, sample test datasets, and brand assets within the timeframes stipulated in the project roadmap.
• Review project milestones, wireframes, and deployment builds within five (5) business days of submission. If no formal written defect notice is delivered within this period, the deliverable is deemed accepted.

We maintain an unambiguous, client-first approach to intellectual property rights:

All financial terms are agreed upon in writing within the governing Statement of Work:

For clients enrolled in PMDG's Managed Infrastructure, Cloud Hosting, or Continuous Support Agreements, we guarantee enterprise-grade operational availability:

• Availability Commitment: 99.9% monthly production uptime, excluding scheduled off-peak maintenance windows announced with at least forty-eight (48) hours advance notice.
• Severity 1 (Critical Outage): Complete production downtime or critical data impairment. Response time within 1 hour; continuous engineering effort until full restoration.
• Severity 2 (High Degradation): Major feature failure with work-around available. Response time within 4 hours during standard business hours.
• Severity 3 (Standard Inquiries): General queries, minor UI corrections, and enhancement requests. Response within 24 business hours.

Each party agrees that all technical, commercial, financial, and operational information disclosed during the course of the engagement constitutes Confidential Information. Neither party shall disclose the other party's Confidential Information to any third party without prior written consent, except to authorized employees, contractors, and legal advisors who are bound by non-disclosure covenants at least as restrictive as these Terms.

PMDG Technologies complies with international data privacy regulations including GDPR, CCPA/CPRA, and the India DPDP Act 2023. Our data processing standards are codified in our official Privacy Policy, which is incorporated by reference into these Terms.

AI Non-Contamination Standard: PMDG strictly guarantees that client enterprise inputs, transaction records, and proprietary databases will never be used to train or optimize public commercial foundation models without explicit, written bilateral authorization.

PMDG warrants that our software engineering and consulting services will be executed in a highly professional, workmanlike manner adhering to prevailing industry engineering standards.

Except as expressly provided herein, all software deliverables and platforms are provided "as is" without warranties of merchantability, fitness for a specific purpose beyond the agreed SOW, or uninterrupted bug-free execution.

To the maximum extent permitted under applicable law:

• Cap on Direct Damages: In no event shall either party's aggregate monetary liability arising out of or related to an active engagement exceed the total fees actually paid or payable by Client to PMDG under the specific Statement of Work during the preceding six (6) months.
• Exclusion of Consequential Losses: Neither party shall be liable for indirect, incidental, punitive, special, or consequential damages, including loss of profits, loss of goodwill, or business interruption.
• IP Indemnification: PMDG agrees to defend and indemnify Client against proven third-party legal claims alleging that our bespoke code deliverables infringe upon any valid patent, copyright, or trade secret, provided Client promptly notifies PMDG in writing.

Either party may terminate an active agreement:

• For Cause: Immediately upon written notice if the other party materially breaches any provision of these Terms or an SOW and fails to cure such breach within thirty (30) calendar days of receiving formal notice.
• For Convenience: Subject to the specific provisions of the applicable SOW, typically upon thirty (30) days written notice, provided Client remits pro-rata payment for all completed milestone deliverables and non-cancellable commitments incurred up to the termination date.
• Post-Termination Handover: Upon full settlement of outstanding invoices, PMDG will promptly export and transition all Client code repositories, deployment scripts, database snapshots, and documentation in standard industry formats.

Neither party shall be held liable for failure or delay in fulfilling its contractual obligations (excluding payment of accrued fees) due to causes beyond its reasonable control, including acts of God, global telecommunication failures, cyber warfare, severe regional power grid collapses, civil unrest, or sovereign government restrictions, provided the affected party undertakes commercially reasonable measures to mitigate delay.

PMDG Technologies maintains corporate entities in India and Malaysia. Unless otherwise stipulated in an executed SOW:

Formal legal notices under this Agreement must be delivered in writing via registered post or certified commercial courier to PMDG Technologies' primary offices, with an electronic confirmation copy dispatched to our legal counsel: