SECTION 3 – CYBER ATTACKS, BOTS & SERVER PERFORMANCE

3.1 Cyber Attacks & WordPress Vulnerabilities: The Client acknowledges that Estore Customised and Developed From WordPress and WooCommerce platforms are frequent targets for cyber-attacks. Ithiya Technologies is strictly not liable for any service outage, data breach, or site inaccessibility caused by:

• Bot Attacks: High volumes of automated bot traffic, scrapers, or crawlers that exhaust server resources and render the service inaccessible.
• Malicious Exploits: SQL injections, Brute Force attacks, Cross-Site Scripting (XSS), or Malware targeting the WordPress core, themes, or plugins.
• DDoS Attacks: Distributed Denial of Service attacks that overwhelm the network infrastructure.

3.2 Server Hangs & Inaccessibility: We do not guarantee that the Service will remain accessible during periods of high bot activity or malicious traffic. We are not liable for any "Server Hangs," slow loading speeds, or database timeouts resulting from such external threats.

3.3 Unforeseen Misconfigurations: Ithiya Technologies is not responsible for technical failures arising from unforeseen misconfigurations, conflict between third-party plugins, or eventual technical debt that may emerge over time as software standards evolve.

SECTION 4 – THIRD-PARTY SERVICES & INFRASTRUCTURE

4.1 Reseller Disclaimer: Ithiya Technologies acts as a manager/reseller of third-party infrastructure (e.g., Cloud Servers, Payment Gateways, SMS APIs). We do not own these data centers.

4.2 Third-Party Failure: We are strictly not liable for any service interruption, data loss, or security breach caused by the failure of these third-party providers (e.g., if the data center catches fire, or the payment gateway server goes down).

SECTION 5 – POST-IMPLEMENTATION MAINTENANCE & SUPPORT

5.1 No Liability After Implementation: In the event of any technical failure occurring after the final implementation (defined as the point where the Client's business operations or sales have started), Ithiya Technologies is not responsible for maintenance unless a separate Annual Maintenance Contract (AMC) is explicitly stated and signed.

5.2 Chargeable Troubleshooting: Without an active AMC, Ithiya Technologies will require a separate technical fee to troubleshoot, diagnose, or fix any technical failure. This applies to issues including, but not limited to:

• Fixing site crashes caused by auto-updates of WordPress or Plugins.
• Mitigating bot attacks or cleaning up malware/spam injections.
• Resolving "White Screen of Death" or database connection errors.

5.3 Constant Maintenance: The Client acknowledges that E-commerce platforms require constant maintenance, security auditing, and plugin checks. Failing to pay for these maintenance services may lead to performance degradation, security vulnerabilities, or total service failure, for which Ithiya Technologies bears no liability.

SECTION 6 – INTELLECTUAL PROPERTY & SOURCE CODE

6.1 No Source Code Transfer: The Client acknowledges that Ithiya Technologies retains full ownership of all source code, algorithms, and database structures. The Client is granted a revocable license to use the software while the subscription is active.

6.2 Migration Limitations: If the Client chooses to migrate to another provider, only the Domain Name (if purchased by the Client) will be transferred. We are not obligated to export databases, code files, or design assets.

SECTION 7 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law:

• 7.1 Liability Cap: In no event shall Ithiya Technologies (or its proprietor) be liable for any amount exceeding the fees actually paid by the Client for the specific service in the preceding 1-month period.
• 7.2 Exclusion of Damages: We shall under no circumstances be liable for lost profits, lost sales, loss of data, business interruption, or any indirect, incidental, or consequential damages arising from the use or inability to use the Service.
• 7.3 "As Is" Service: The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied.

SECTION 8 – INDEMNIFICATION

The Client agrees to indemnify and hold harmless Ithiya Technologies and its proprietor from any claim or demand, including reasonable legal fees, made by any third party due to the Client’s breach of these Terms or violation of any law.

Recovery of Legal Costs: If Ithiya Technologies is required to take legal action to enforce these Terms or collect unpaid fees, the Client agrees to pay all reasonable legal costs incurred by us.

SECTION 9 – FORCE MAJEURE

Ithiya Technologies shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to: Natural Calamities, internet failures, bandwidth restrictions, server attacks (DDoS), labor strikes, or changes in government regulations.

SECTION 10 – CONTACT & GRIEVANCE OFFICER