1. Acceptance of these terms
These Terms and Conditions (“Terms”) form a legally binding agreement between you and Dream Circle, a company based at 320, 3rd Floor, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai, Maharashtra 400051, India.
By accessing www.dreamcircle.in, downloading or using any of our applications, or engaging us for professional services, you confirm that you have read, understood and agreed to these Terms, together with our Privacy Policy, Cookie Policy, Refund & Cancellation Policy and Disclaimer, each of which is incorporated by reference.
If you do not agree to these Terms, you must not use our website, applications or services.
This document is an electronic record under the Information Technology Act, 2000 and the rules made under it. It is generated by a computer system and does not require a physical or digital signature.
2. Definitions
- “We”, “us”, “our” — Dream Circle.
- “You”, “your”, “User” — any person who accesses or uses our website, applications or services.
- “Client” — a person or organisation that engages us for professional services under a signed proposal or statement of work.
- “Services” — mobile app development, web development, UI/UX design, custom software development, cloud and DevOps, and IT consulting.
- “Applications” — mobile and web applications published by us.
- “Deliverables” — the software, designs, documentation and other materials produced for a Client under an engagement.
- “SOW” — a statement of work, proposal or order form signed by us and a Client.
3. Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract under the Indian Contract Act, 1872. If you are using our services on behalf of an organisation, you warrant that you are authorised to bind that organisation, and “you” then means that organisation.
You must not use our services if you are barred from doing so under any applicable law, or if you are on any sanctions list maintained by the Government of India or the United Nations.
4. Our services
We provide software design, engineering, infrastructure and advisory services. The specific scope, deliverables, timeline, acceptance criteria and fees for any engagement are set out in a written SOW. Where an SOW conflicts with these Terms, the SOW prevails for that engagement.
Information on this website — including service descriptions, indicative timelines, case studies and sample pricing — is provided for general information. It is an invitation to discuss, not a binding offer, and does not constitute professional advice for your particular circumstances.
We may change, suspend or discontinue any part of our website or any feature of an application at any time. Where a change materially affects a Client engagement, we will agree it in writing with the Client first.
5. Accounts and security
- You must provide accurate, current and complete information when creating an account, and keep it up to date.
- You are responsible for keeping your credentials confidential and for all activity under your account.
- You must notify us immediately at support@dreamcircle.in of any unauthorised access or suspected breach.
- One person or organisation may not maintain more than one account for the same service without our written consent.
- You may not transfer or sell your account to anyone else.
- We may refuse, suspend or cancel an account where we reasonably believe these Terms have been breached.
6. Your obligations
Where you engage us for services, you agree to:
- provide accurate, complete and timely information, content, assets and access needed for the work;
- nominate a single point of contact empowered to give approvals and make decisions;
- review deliverables and provide consolidated feedback within the review period stated in the SOW — typically five business days;
- obtain all licences, permissions and consents for any material you supply to us;
- pay invoices by their due date; and
- comply with all applicable laws in your use of the deliverables.
Delays caused by late information, late feedback or late approvals move the project timeline accordingly, and may attract re-mobilisation charges where a team has to be released and reassembled.
7. Acceptable use
You must not, and must not permit anyone else to:
- use our website, applications or services for any unlawful, fraudulent or harmful purpose;
- upload, transmit or store any content that is defamatory, obscene, harassing, hateful, infringing, or otherwise unlawful under Indian law, including anything prohibited by rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
- impersonate any person or entity, or misrepresent your affiliation with one;
- introduce viruses, worms, trojans, ransomware or any other malicious code;
- attempt to gain unauthorised access to any system, account or network, or probe, scan or test the vulnerability of our systems without our prior written consent;
- reverse engineer, decompile or disassemble any part of our software, except to the extent that applicable law expressly permits it;
- use automated means to scrape, crawl, harvest or index our content without our written permission;
- interfere with or place an unreasonable load on our infrastructure, including through denial-of-service activity; or
- resell, sublicense or otherwise commercially exploit our services without our written agreement.
We may investigate and take legal action against any suspected breach of this section.
8. Intellectual property
8.1 Our intellectual property
All content on our website and in our applications — including the Dream Circle name and logo, text, graphics, illustrations, interface designs, source code, and the selection and arrangement of all of it — is owned by us or our licensors and is protected by the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable laws.
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our website and applications for their intended purpose. No other right is granted, expressly or by implication.
8.2 Your content
You keep ownership of any content you submit to us. By submitting it, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce and process it, solely to the extent necessary to provide the services you have asked for.
You warrant that you own or are licensed to use everything you submit, and that it does not infringe anyone's rights.
8.3 Feedback
If you send us suggestions or ideas about our products, we may use them without restriction or obligation to you. We will not, however, use anything you have marked confidential.
9. Client projects and deliverables
9.1 Transfer of ownership
On receipt of all amounts due under an engagement, all intellectual property rights in the custom deliverables created specifically for that Client transfer to the Client. That includes source code, design files and project documentation.
9.2 Retained rights
We retain ownership of our pre-existing materials, tools, frameworks, libraries and general know-how, including anything developed before the engagement or independently of it. We grant the Client a perpetual, worldwide, royalty-free licence to use those materials to the extent they are embedded in the deliverables.
9.3 Third-party and open-source components
Deliverables may include third-party or open-source components, which remain subject to their own licences. We will list material components and their licences in the handover documentation.
9.4 Acceptance
Deliverables are deemed accepted if the Client does not raise written objections within the acceptance period stated in the SOW, which is five business days unless agreed otherwise.
9.5 Warranty
We warrant that deliverables will conform in all material respects to the specification in the SOW for 30 days after acceptance. During that period we will correct reported defects at no charge. The warranty does not cover issues caused by changes made by anyone other than us, by third-party services, or by use outside the documented scope.
9.6 Change requests
Work outside the agreed scope requires a written change request with its own cost and timeline impact, signed by both parties before it begins.
9.7 Portfolio rights
Unless the Client tells us otherwise in writing, we may reference the engagement in our portfolio and marketing in anonymised form. We will not disclose confidential information or use the Client's name or logo without written permission.
10. Mobile apps and in-app purchases
10.1 Licence
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use our applications on devices you own or control, for personal or internal business use.
10.2 App store terms
Your use is also subject to the terms of the store you downloaded from — the Google Play Terms of Service or the Apple Media Services Terms and Conditions. Where those terms conflict with these Terms in respect of the download or the store transaction, the store's terms prevail.
10.3 In-app purchases and subscriptions
- Purchases inside our apps are processed by Google Play Billing or the Apple App Store, not by us.
- Prices are shown in your local currency before you confirm, and are inclusive of applicable taxes where the store calculates them.
- Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period.
- You manage and cancel subscriptions in your Google Play or Apple account settings — we cannot cancel them for you.
- Refunds for store purchases follow that store's refund policy; see our Refund & Cancellation Policy.
- Deleting an app does not cancel a subscription.
10.4 Updates
We may release updates, and some may be mandatory for the app to keep working. We may end support for older operating system versions, giving reasonable notice where we can.
11. Fees, payments and taxes
- All fees are quoted in Indian Rupees (₹, INR) unless the SOW states another currency.
- Goods and Services Tax (GST) and any other applicable taxes are charged in addition at the prevailing rate and shown separately on every invoice.
- Project work is billed against milestones defined in the SOW. Retainers are invoiced monthly in advance.
- Invoices are payable within 15 days of the invoice date unless agreed otherwise in writing.
- Late payments attract interest at 1.5% per month (18% per annum) on the overdue amount, or the maximum permitted by law if lower.
- We may suspend work and withhold deliverables where an invoice is more than 15 days overdue, after giving written notice.
- Where tax is deducted at source (TDS), the Client must provide the TDS certificate within the statutory timeframe.
- Bank charges, payment gateway fees and currency conversion costs on international payments are borne by the payer.
- Third-party costs — cloud hosting, domains, licences, app store fees, SMS and email credits — are passed through at cost and are the Client's responsibility unless the SOW says otherwise.
12. Refunds and cancellation
Refunds and cancellations are governed by our Refund & Cancellation Policy, which forms part of these Terms. In summary: advance payments covering work already performed are non-refundable; unused prepaid amounts are refundable on a pro-rata basis; and in-app purchases follow the relevant app store's policy.
13. Third-party links and services
Our website, applications and deliverables may link to or integrate with third-party services such as payment gateways, maps, analytics, messaging platforms and cloud providers. We do not control them and we are not responsible for their content, availability, security or privacy practices.
Your use of a third-party service is governed by that provider's own terms. Any dealings between you and a third party are solely between you and them, and we are not a party to them.
14. Privacy and data protection
Our handling of personal data is described in our Privacy Policy. By using our services you consent to that handling.
Where we process personal data on a Client's behalf, we do so as a Data Processor under the Client's instructions, and a separate data processing agreement governs that relationship. The Client remains responsible, as Data Fiduciary, for having a lawful basis for the processing it asks us to carry out.
15. Availability and support
We aim to keep our website and services available at all times, but we do not guarantee uninterrupted access. Access may be suspended for maintenance, upgrades, security incidents or circumstances beyond our control. We will give advance notice of planned maintenance where it is practical to do so.
Support is provided Monday – Saturday, 10:00 AM – 7:00 PM IST, excluding public holidays. We respond to support requests within 24–48 business hours. Specific service levels, where agreed, are set out in the SOW or a support agreement.
16. Disclaimers
Except as expressly stated in these Terms or in an SOW, our website, applications and services are provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory.
To the fullest extent permitted by law, we disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that our services will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any content is accurate, complete or current.
Nothing on our website constitutes professional, legal, financial or investment advice. See our Disclaimer for more detail.
17. Limitation of liability
To the maximum extent permitted by applicable law:
- Our total aggregate liability arising out of or relating to these Terms or any engagement — whether in contract, tort (including negligence), under statute or otherwise — shall not exceed the total fees actually paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or ₹10,000, whichever is greater.
- We shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, revenue, goodwill, anticipated savings, business opportunity or data, even if we were advised that such damages were possible.
- We are not liable for loss or damage caused by third-party services, by your own infrastructure, by changes made to deliverables by anyone other than us, or by your failure to apply security updates we have supplied.
- We are not liable for data loss where you have not maintained independent backups, unless backup provision is expressly part of a service we have been engaged to provide.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under Indian law.
You agree that any claim must be brought within one (1) year of the date on which the cause of action arose, failing which it is permanently barred.
18. Indemnification
You agree to indemnify, defend and hold harmless Dream Circle, its directors, officers, employees, contractors and agents from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or connected with:
- your breach of these Terms or of any applicable law;
- your misuse of our website, applications or services;
- content, data or materials you supply to us, including any claim that they infringe a third party's rights;
- your negligence or wilful misconduct; or
- any dispute between you and a third party arising from your use of our services.
We will notify you promptly of any such claim and will not settle it without your consent, which must not be unreasonably withheld.
19. Confidentiality
Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. Each party agrees to protect the other's confidential information with at least the care it applies to its own, to use it only for the purposes of the engagement, and not to disclose it without written consent.
These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed without reference to the disclosing party's information, or must be disclosed by law or court order — in which case the receiving party will give prompt notice where it is lawful to do so.
These obligations survive for three (3) years after the engagement ends.
20. Force majeure
Neither party is liable for failure or delay in performing its obligations (other than payment obligations) where it is caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, strikes, government action, failure of public telecommunications or power networks, or failure of a third-party cloud provider.
The affected party must notify the other promptly. If the event continues for more than sixty (60) days, either party may terminate the affected engagement on written notice, and the Client will pay for work performed up to the date of termination.
21. Suspension and termination
21.1 By you
You may stop using our website or applications at any time, and may delete your account through our Account & Data Deletion page. Client engagements may be terminated in accordance with the SOW and our Refund & Cancellation Policy.
21.2 By us
We may suspend or terminate your access, with or without notice, if you:
- breach these Terms or any applicable law;
- fail to pay an undisputed invoice within 30 days of its due date;
- use our services in a way that risks harm to us, our other users or a third party; or
- provide false information or impersonate another person.
21.3 Effect of termination
On termination your licence to use our services ends immediately. Amounts due for work already performed remain payable. Sections on intellectual property, payments, confidentiality, disclaimers, limitation of liability, indemnification and governing law survive termination. Data is handled afterwards in accordance with our Privacy Policy.
22. Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
You and we irrevocably agree that the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction to settle any such dispute or claim, and you waive any objection to proceedings in those courts on grounds of venue or forum.
23. Dispute resolution
- Good-faith discussion. Either party must first give written notice of the dispute, and both parties will attempt to resolve it through discussion within thirty (30) days.
- Mediation. If that fails, the parties will attempt mediation in Mumbai, Maharashtra before a mutually agreed mediator.
- Arbitration. Any dispute not resolved by mediation shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by agreement. The seat and venue shall be Mumbai, Maharashtra, the language shall be English, and the award shall be final and binding.
- Interim relief. Nothing above prevents either party from seeking urgent injunctive or interim relief from the courts of Mumbai, Maharashtra.
24. Changes to these terms
We may amend these Terms at any time. The “Last updated” date at the top of this page shows the current version. Material changes will be announced on our website and, where we hold your email address, notified to you at least fifteen (15) days before they take effect.
Continuing to use our website, applications or services after a change takes effect constitutes acceptance of the amended Terms. If you do not accept them, you must stop using our services. Changes do not retrospectively affect a signed SOW, which can only be varied in writing by both parties.
25. General provisions
- Entire agreement. These Terms, together with the policies referenced in them and any signed SOW, constitute the entire agreement between the parties and supersede all prior discussions and representations.
- Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions continue in full force.
- No waiver. A failure to enforce any right is not a waiver of that right.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger or sale of assets.
- Independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship between the parties.
- Notices. Legal notices to us must be sent to support@dreamcircle.in and, where the matter is material, by post to our registered address. Notices to you will be sent to the email address on your account.
- No third-party rights. No person who is not a party to these Terms has any right to enforce them.
- Language. These Terms are drawn up in English, which governs in the event of any translation discrepancy.
- Headings. Section headings are for convenience only and do not affect interpretation.
26. Contact us
Questions about these Terms should be directed to:
- Email: support@dreamcircle.in
- Phone: +91 80700 66644
- Post: Dream Circle, 320, 3rd Floor, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai, Maharashtra 400051, India