Terms & Conditions

Terms of Service

Effective Date: March 18, 2024

These Terms of Service (“Terms”) constitute a legally binding agreement between INNOVATAURUS LLP (“INNOVATAURUS,” “we,” “us,” or “our”), a Limited Liability Partnership registered in Kolkata, West Bengal, India, and you (“User,” “Client,” or “you”). These Terms govern your access to and use of our website, digital marketing services, and Sales CRM platform (collectively, the “Services”).

By accessing, using, or registering for any of our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

1. Acceptance of Terms

You represent and warrant that you are of legal age and have the legal capacity to enter into this agreement. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Services Provided

INNOVATAURUS LLP offers:

• Digital Marketing Services: Including but not limited to search engine optimization (SEO), pay-per-click (PPC) advertising, social media marketing, content marketing, email marketing, and web analytics. Specific details, scope, and deliverables for these services will be outlined in separate Service Agreements, Proposals, or Statements of Work (“SOWs”) with individual clients.

• Sales CRM Platform: A cloud-based Software-as-a-Service (SaaS) platform designed to assist businesses in managing their sales processes, customer relationships, and lead management. Access to the CRM platform is provided on a subscription basis.

3. Account Registration and Security

• Account Creation: To access certain features of our Services, particularly the CRM platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

• Account Confidentiality: You are responsible for maintaining the confidentiality of your account login credentials (username and password) and for all activities that occur under your account. You agree to notify INNOVATAURUS LLP immediately of any unauthorized use of your account or any other breach of security.

• Account Responsibility: INNOVATAURUS LLP is not liable for any loss or damage arising from your failure to comply with these security obligations.

4. User Obligations and Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services in any way that violates any applicable local, national, or international law or regulation, including data protection and privacy laws.

• Use the Services to store or transmit any unlawful, harmful, threatening, defamatory, obscene, infringing, or otherwise objectionable material.

• Engage in any activity that interferes with or disrupts the integrity or performance of the Services or related networks.

• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services.

• Upload, post, or transmit any content that contains viruses, Trojan horses, worms, time bombs, or any other harmful programs or components.

• Resell, sublicense, or otherwise make the Services available to any third party, except as expressly permitted within your specific Service Agreement or SOW.

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of our CRM platform or any underlying software.

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

5. Fees and Payment Terms (for Paid Services)

• Subscription Fees: Access to our CRM platform and specific Digital Marketing Services are subject to fees as outlined in your specific Order Form, Service Agreement, or SOW.

• Payment Terms: You agree to pay all applicable fees on time, according to the payment schedule and methods specified in your agreement. Payments are typically non-refundable unless otherwise expressly stated.

• Price Changes: We reserve the right to change our prices for Services upon reasonable prior notice. If you do not agree to a price change, your sole remedy is to terminate your subscription or agreement prior to the effective date of the new price, subject to any existing contractual obligations.

• Taxes: All fees are exclusive of applicable taxes, duties, or charges, unless otherwise stated. You are responsible for paying all such taxes.

6. Intellectual Property Rights

• INNOVATAURUS LLP IP: All content, features, and functionality of the Services, including but not limited to text, graphics, logos, software, CRM platform design, trademarks, service marks, and patents, are the exclusive property of INNOVATAURUS LLP or its licensors and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• Limited License: Subject to these Terms and your compliance herewith, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during the term of your subscription or agreement.

• Client Content: You retain all ownership rights to any data, content, or materials that you upload, transmit, or store within our CRM platform (“Client Content”). You grant INNOVATAURUS LLP a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the Client Content solely for the purpose of providing, maintaining, and improving the Services to you, and as otherwise permitted by our Privacy Policy or your specific agreement.

• Digital Marketing Deliverables: For Digital Marketing Services, the ownership of specific deliverables (e.g., website content, ad creatives) will be defined in your individual Service Agreement or SOW.

7. Data Privacy

Our collection, use, and disclosure of personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you consent to our data practices as described in the Privacy Policy.

8. Disclaimers and Warranties

• “AS IS” Basis: The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

• No Guarantees (Digital Marketing): For Digital Marketing Services, INNOVATAURUS LLP makes no guarantees regarding specific results (e.g., increased sales, higher rankings, specific ROI). Digital marketing outcomes can vary based on numerous factors beyond our control. We will apply our expertise and best efforts.

• CRM Uptime: While we strive for high availability of our CRM platform, we do not guarantee uninterrupted access or that the platform will be error-free. We may perform scheduled or emergency maintenance. Service Level Agreements (SLAs) specifying uptime commitments for the CRM may be provided in separate contractual agreements.

• Third-Party Services: Our Services may integrate with or link to third-party websites or services. INNOVATAURUS LLP is not responsible for the content, privacy policies, or practices of such third parties.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall INNOVATAURUS LLP, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services.

   

• Any conduct or content of any third party on the Services.

   

• Any content obtained from the Services.

   

• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

   

In no event shall INNOVATAURUS LLP’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Services in the twelve (12) months immediately preceding the event giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless INNOVATAURUS LLP, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms.

• Your use of the Services, including any use of the CRM platform, other than as expressly authorized in these Terms.

• Your Client Content, including any claim that Client Content infringes or violates the intellectual property rights or privacy rights of any third party.

• Your violation of any applicable law or regulation.

11. Term and Termination

• Term: These Terms remain in full force and effect while you use the Services.

• Termination by You: You may terminate your account or discontinue using the Services at any time, subject to any existing contractual obligations or minimum terms specified in your Service Agreement or SOW.

• Termination by Us: We may suspend or terminate your access to all or part of the Services immediately, without prior notice or liability, if you breach any of these Terms, or for any other reason at our sole discretion. We may also terminate services for non-payment of fees.

• Effect of Termination: Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

• Data After Termination: Upon termination or expiration of your CRM subscription, we will retain your Client Data for a limited period to allow for retrieval, as specified in your separate CRM service agreement. After this period, Client Data will be securely deleted, in accordance with our data retention policies and applicable law.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal, India.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

14. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Service Agreements or SOWs, constitute the entire agreement between you and INNOVATAURUS LLP regarding the Services.

• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

• Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and INNOVATAURUS LLP’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

• Force Majeure: INNOVATAURUS LLP shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or strikes.

15. Contact Information

If you have any questions about these Terms, please contact us:

INNOVATAURUS LLP 

Email: contact@innovataurus.com

Phone: +91 9748563394

Address 1. VILL- DOB, GAYA-824220. BIHAR
Address 2. M.C Garden Road. Dum Dum, Kolkata.