These Terms and Conditions govern your access to and use of the OpenMarketer operated by ShikhaShikz Marketing Private Limited, RH No. C10, Tranquility Phase 1, Shewalewadi, Manjari, Maharashtra 412307, India.
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of a company, you confirm you have authority to bind that company to these Terms.
We may update these Terms at any time. We will notify you 15 days before major changes take effect. Your continued use of the Service after that date means you accept the updated Terms.
Definitions
In these Terms, the following words have the meanings set out below:
"Service" means the all-in-one marketing operations platform operated by us. The Service simplifies and standardises end-to-end marketing for lean teams by organizing brand assets, channels, content, and campaigns into a single, ISO-inspired system. It delivers AI-powered scoring for fast, unbiased review of text, images, and other marketing content, supporting step-by-step workflows and data-driven decisions.
"Platform" means the software application, website, tools, and infrastructure through which the Service is delivered.
"Company", "we", "us", or "our" means ShikhaShikz Marketing Private Limited, incorporated under the laws of India, with its registered office at RH No. C10, Tranquility Phase 1, Shewalewadi, Manjari, Maharashtra 412307, India.
"You" or "your" means the individual or business entity that has registered for or is accessing the Service. If you register on behalf of a company, "you" refers to that company.
"User" means any individual authorized by you to access and use the Service under your account.
"Account" means the account you create to access and use the Service.
"Content" means any text, images, videos, campaign materials, brand guidelines, or other material you upload, submit, or process through the Service.
"Subscription" means a paid or trial plan that gives you access to the Service for a defined period.
"Personal Data" has the meaning given to it under the Digital Personal Data Protection Act, 2023.
"Confidential Information" means any non-public information shared by one party with the other in connection with the Service that is identified as confidential or would reasonably be understood to be confidential.
"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, designs, and other proprietary rights, whether registered or unregistered.
"Applicable Law" means all laws, regulations, and government orders applicable to a party or to the use of the Service in India or the user's jurisdiction.
Any reference to a law or regulation includes amendments to it from time to time.
Eligibility
To use the Service, you must:
- Be at least 18 years old and legally capable of entering into a binding contract under Indian law.
- Be using the Service for business or professional purposes only.
- Provide accurate and complete registration information.
We reserve the right to refuse or terminate access if any of the above conditions are not met.
The Service
The Service is an all-in-one marketing operations platform designed for lean marketing teams. It brings brand assets, channels, content, and campaigns together in one place, structured around an ISO-inspired system. Using AI-powered scoring, it provides fast and unbiased review of text, images, and other marketing content against your defined guidelines. Unlike one-click tools, the Service is built to respect the step-by-step nature of marketing work, making it affordable, scalable, and capable of evolving with your business through experimentation and data-driven decisions.
We provide the Service on an "as is" and "as available" basis. We may update, modify, or discontinue any part of the Service at any time and will give reasonable notice before making changes that significantly affect your use.
User Accounts
When you create an account, you agree to:
- Keep your login credentials confidential and not share them with others.
- Notify us immediately if you suspect unauthorized access to your account.
- Take responsibility for all activity that occurs under your account.
We are not liable for any loss or damage resulting from unauthorized access to your account where you failed to keep your credentials secure.
Acceptable Use
You agree to use the Service only for lawful business purposes. You must not:
- Upload content that is illegal, defamatory, obscene, or infringes any third-party rights.
- Attempt to reverse-engineer, copy, or extract the underlying AI models or algorithms.
- Use the Service to harass, harm, or mislead any person or entity.
- Upload malicious code, viruses, or any content that could damage the Service or its users.
- Circumvent any security feature or access controls of the Service.
- Resell or sublicense access to the Service without our written consent.
We may suspend or terminate your account without notice if you violate these rules.
Payment and Billing
If you subscribe to a paid plan:
- Fees are as listed on our pricing page and are charged in advance for each billing cycle.
- All prices are in Indian Rupees (INR) and are exclusive of applicable GST unless stated otherwise.
- Payments are non-refundable unless required by applicable Indian law or expressly stated in our Refund Policy.
- We reserve the right to change pricing with 30 days' advance notice. Your continued use after the change takes effect means you accept the new pricing.
- If a payment fails, we may suspend your account until the dues are cleared.
Disclaimers and Limitation of Liability
The Service uses AI to assist with input review. It does not guarantee that all content issues will be identified or that reviewed content will be free from errors. You are responsible for final decisions on your content.
To the maximum extent permitted by Indian law, we are not liable for:
- Any indirect, incidental, or consequential loss arising from your use of the Service.
- Loss of data, profits, business, or reputation.
- Any failure or interruption of the Service beyond our reasonable control.
Our total liability to you in any 12-month period shall not exceed the amount you paid us for the Service in that period.
Termination
You may cancel your account at any time from your account settings. Cancellation takes effect at the end of your current billing cycle.
We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or if we are required to do so by law.
On termination, your access to the Service ends. We will retain and delete your data in accordance with our Privacy Policy.
Dispute Resolution and Governing Law
These Terms are governed by the laws of India. In case of any dispute, the parties will first attempt to resolve it amicably within 30 days of written notice.
If the dispute is not resolved amicably, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Pune, India. The proceedings shall be in English.
Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
AI-Specific Limitations
The Service uses artificial intelligence to assist with content review. You acknowledge and agree that:
- AI review results are suggestions only. They are not legal, compliance, regulatory, or professional advice of any kind.
- The AI may produce incorrect, incomplete, or inconsistent results. You are solely responsible for the final decision on whether to approve, reject, or publish any content.
- We do not guarantee that the Service will catch all errors, policy violations, or guideline breaches in your content.
- You must not use the AI output as the sole basis for decisions that carry legal, financial, or reputational consequences.
- The accuracy of results depends on the quality and clarity of the guidelines you configure. We are not responsible for outputs based on poorly defined or ambiguous guidelines.
Feedback and Suggestions
If you share feedback, ideas, suggestions, or recommendations about the Service with us ("Feedback"), you agree that:
- We may use that Feedback freely to improve or develop the Service without any obligation to pay you or give you credit.
- Feedback does not create any confidentiality obligation on us unless separately agreed in writing.
- You waive any intellectual property rights you may have in the Feedback to the extent necessary for us to use it.
Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Where you upload content that contains personal data belonging to third parties (such as your end customers), you are the Data Fiduciary for that data under the Digital Personal Data Protection Act, 2023 (DPDP Act). We act as your Data Processor in relation to that data. In this capacity:
- We process third-party personal data only on your instructions and only to the extent needed to provide the Service.
- We do not use third-party personal data for any other purpose, including training our AI models.
- You are responsible for ensuring that you have the legal right to upload and process that personal data through our Service.
- You must ensure that the individuals whose data you upload have been informed and, where required, have consented to the processing.
- We will notify you without undue delay if we become aware of a personal data breach affecting the data you have entrusted to us.
Service Levels and Uptime
We aim to keep the Service available 99% of the time in any calendar month, excluding scheduled maintenance. In the event of downtime:
- We will notify you of scheduled maintenance at least 24 hours in advance where reasonably possible.
- If downtime exceeds our target in any given month due to reasons within our control, you may request a service credit. Credits are applied to your next invoice and are your sole remedy for downtime.
- We are not liable for downtime caused by third-party services, internet outages, or events outside our reasonable control.
Assignment
You may not assign, transfer, or sub-licence your rights or obligations under these Terms to any third party without our prior written consent.
We may assign or transfer these Terms, or any of our rights and obligations under them, to a successor entity in the event of a merger, acquisition, or sale of all or substantially all of our assets. We will notify you of any such assignment.
Notices
Any notice required under these Terms must be in writing. Notices to you will be sent to the email address registered on your account and are deemed received 24 hours after sending.
Notices to us must be sent to email and are deemed received when we send a written acknowledgment.
You are responsible for keeping your registered email address up to date. We are not liable for any missed notice due to an outdated email address.
No Third-Party Beneficiaries
These Terms are a contract between you and us only. They do not create any rights or benefits for any third party. No third party may enforce any provision of these Terms.
General
Entire Agreement: These Terms, together with our Privacy Policy, form the entire agreement between you and us for use of the Service.
Severability: If any clause of these Terms is found to be unenforceable, the remaining clauses continue in full effect.
Waiver: Our failure to enforce any right under these Terms does not mean we waive that right.
Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, government actions, or internet outages.
Contact
Questions about these Terms? Reach out:
ShikhaShikz Marketing Private Limited RH No. C10, Tranquility Phase 1 Shewalewadi, Manjari Maharashtra 412307, India support@openmarketer.com