Terms of Service

• "Services" means staff augmentation and dedicated team subscription services through which we employ, manage, and assign technology professionals to work under your direction.
• "Team Member(s)" means individuals employed or contracted by us and assigned to you under an active subscription.
• "Subscription" means a recurring monthly engagement for a defined set of roles, headcount, and seniority levels.
• "Work Product" means code, designs, documentation, configurations, and other deliverables created by Team Members specifically for you in the course of the Services.
• "Client Materials" means your data, systems, credentials, specifications, trademarks, and confidential information provided to us or Team Members.
• "Order" or "Statement of Work" means a proposal, order form, or client agreement specifying team composition, pricing, start date, and any additional terms.

In the event of conflict between these Terms and a signed Order or master services agreement, the signed agreement controls for that engagement.

Faraway Team provides dedicated technology teams on a monthly subscription basis. Team Members are employed or engaged by us, not by you. You direct day-to-day work, set priorities, and review deliverables. We handle sourcing, employment, payroll, benefits, HR administration, replacements, and related back-office operations.

The Services are staff augmentation — not a fixed-price project agency, software product, or outcome guarantee. We provide qualified people working under your management; you remain responsible for product decisions, architecture choices, release schedules, and business outcomes unless otherwise agreed in writing.

Team Members may be presented under your brand ("white-labeled") as agreed during onboarding, but they remain our personnel for employment and compliance purposes.

You may use our website for lawful purposes only. You agree not to:

• Violate applicable laws or third-party rights.
• Attempt unauthorized access to our systems or data.
• Introduce malware, scrape the site excessively, or interfere with site operation.
• Misrepresent your identity or affiliation.
• Use content from the site for competitive intelligence or unauthorized commercial reproduction.

We may modify, suspend, or discontinue any part of the website at any time without liability.

You agree to:

• Provide timely access to tools, repositories, documentation, and points of contact needed for Team Members to begin work.
• Review and approve proposed Team Members before they start, or notify us within the agreed review period.
• Assign a capable internal contact to set priorities, answer questions, and review work.
• Comply with applicable laws in your jurisdiction regarding remote workers, export controls, and regulated data.
• Ensure that tasks assigned to Team Members are lawful and do not expose them to harassment, discrimination, or unsafe working conditions.

Delays caused by your failure to provide access, feedback, or approvals may extend ramp-up timelines and do not relieve you of payment obligations for active Subscriptions.

As between you and us, you own all right, title, and interest in Work Product created by Team Members specifically for you in the performance of the Services, upon full payment of applicable fees.

We hereby assign to you all intellectual property rights in such Work Product that we may hold, to the extent permitted by law and our agreements with Team Members. We will execute reasonable confirmatory documents upon request.

We retain all rights in our pre-existing materials, frameworks, know-how, recruiting methods, and general skills ("Background IP"). To the extent any Background IP is incorporated into Work Product, we grant you a non-exclusive, perpetual, royalty-free license to use it solely as part of the Work Product.

You grant us a limited license to Client Materials solely as necessary to provide the Services.

"Confidential Information" means non-public business, technical, financial, or personal information disclosed by either party that is marked confidential or would reasonably be understood as confidential.

Each party will: (a) use the other's Confidential Information only to perform under these Terms; (b) protect it with at least reasonable care; and (c) share it only with personnel and advisors with a need to know and bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is public without breach, independently developed, rightfully received without restriction, or required to be disclosed by law (with notice where permitted).

We require Team Members assigned to you to protect Client Materials under written confidentiality obligations.

Each party will comply with applicable data protection laws. Where we process personal data on your behalf, the data processing terms in your Order or Data Processing Addendum apply.

You are the controller of personal data you provide about your users, employees, or customers. You represent that you have a lawful basis to share such data with us and Team Members for the Services.

Our Privacy Policy describes how we handle personal information collected through the website and our direct relationship with you.

You will not use the Services to develop, deploy, or support illegal products or activities, including fraud, malware, unlawful surveillance, or content that violates intellectual property or privacy rights.

You are solely responsible for your product's compliance with laws applicable to your industry and markets (including accessibility, consumer protection, healthcare, and financial regulations). We do not provide legal, compliance, or security audits unless explicitly agreed in writing.

We may suspend or terminate Services immediately if you materially breach this section or if continuing would expose us or Team Members to material legal or reputational risk.

We warrant that we will provide the Services with reasonable skill and care and will use reasonable efforts to assign Team Members who meet the qualifications described in your Order.

EXCEPT AS EXPRESSLY STATED, THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

We do not warrant uninterrupted or error-free service, specific business results, or that any Team Member will remain available for the entire Subscription period. Turnover may occur; we will seek to provide qualified replacements.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT FOR EXCLUDED MATTERS BELOW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations above do not apply to: (a) your payment obligations; (b) either party's breach of confidentiality or misuse of intellectual property; (c) your indemnification obligations; or (d) liability that cannot be limited under applicable law.

You will defend, indemnify, and hold harmless Faraway Team, its affiliates, and personnel from claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your Client Materials, products, or instructions to Team Members.
• Your breach of these Terms or applicable law.
• Allegations that Work Product created at your specific direction infringes third-party rights, except to the extent caused by our Background IP.
• Your failure to secure appropriate rights or consents for data or content you provide.

We will promptly notify you of covered claims and cooperate in the defense. We may participate with our own counsel at our expense.

During the Subscription and for twelve (12) months after it ends, you will not, directly or indirectly, solicit for employment or engagement any Team Member who worked on your account, except through us or with our prior written consent.

If you hire or engage such a person in breach of this section, you agree to pay a placement fee equal to twelve (12) months of that person's then-current monthly subscription rate, unless we agree otherwise in writing. This clause is a reasonable pre-estimate of harm, not a penalty.

These Terms remain in effect while you use the website or have an active Subscription.

Either party may terminate an Order as specified therein. For month-to-month Subscriptions, termination requires 30 days' written notice unless a different period is agreed.

We may suspend or terminate immediately for non-payment (after notice where required), material breach not cured within 15 days of notice, or as required by Section 9.

Upon termination: (a) you pay all fees for Services rendered through the effective date; (b) we will return or delete Client Materials per your instructions and our data retention policy, subject to legal holds; and (c) Sections that by nature should survive (including IP, confidentiality, liability, indemnity, non-solicitation, and governing law) will survive.

Neither party is liable for delay or failure to perform due to events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or utility failures, or pandemics. Payment obligations are not excused. If force majeure continues for more than 60 days, either party may terminate the affected Order on written notice.

These Terms are governed by the laws of India, without regard to conflict-of-law principles.

Subject to any arbitration clause in your Order, the parties submit to the exclusive jurisdiction of the courts of Udaipur, Rajasthan, India for disputes arising from these Terms or the website.

Before filing a claim, the parties will attempt good-faith resolution by contacting hello@faraway.team. If not resolved within 30 days, either party may pursue available remedies.

Nothing prevents either party from seeking injunctive relief for confidentiality or intellectual property violations in any competent court.

• Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger or sale.
• Severability: If any provision is unenforceable, the remainder stays in effect.
• Waiver: Failure to enforce a provision is not a waiver.
• Entire agreement: These Terms, together with applicable Orders and policies referenced herein, constitute the entire agreement regarding the website and Services.
• Notices: Notices to us must be sent to hello@faraway.team. Notices to you may be sent to the email on your Order.
• Independent contractors: The parties are independent contractors. Nothing creates a partnership, joint venture, or employment relationship between you and us.
• No employment relationship: Team Members are not your employees. You will not represent them as such for tax, benefits, or labor law purposes.

Questions about these Terms:

• Email: hello@faraway.team
• Company: Faraway Team
• Location: Udaipur, India
• Website: https://farawayteam.com