Terms & Conditions

01About these Terms

These Terms & Conditions (the "Terms") form a binding agreement between you and ADDAXART ("ADDAXART", "we", "our", "us"). They apply when you:

• visit or use our website addaxart.com and its pages (the "Site");
• use our client portals, including admin.addaxart.com and marketing.addaxart.com (the "Portals"); or
• engage us for any service (the "Services").

ADDAXART is a full-service digital marketing, web development and creative agency, operating since 2015, with offices in Greater Noida (India), Dubai (UAE) and Regina (Canada), and clients worldwide.

If you do not agree with these Terms, please do not use the Site, the Portals or the Services.

02Acceptance and eligibility

By using the Site, the Portals or the Services, you confirm that:

• you are at least 18 years old, or the age of majority where you live;
• if you act for a company or organisation, you are authorised to accept these Terms on its behalf; and
• you have read and agree to these Terms and our Privacy Policy.

03Our services

We provide services including search engine optimisation (SEO), AI search optimisation (GEO and AEO), PPC and paid social advertising, social media marketing, Google Business Profile management, website and app development, UI/UX design, 2D/3D animation and motion graphics, post-production, graphic design, e-commerce store and marketplace management, and WhatsApp and email marketing.

The exact scope, deliverables, timeline and fees for each engagement are set out in a written proposal, quotation, invoice or statement of work (an "SOW"). If an SOW conflicts with these Terms, the SOW applies for that engagement. Work outside the agreed scope is quoted and billed separately.

04Your responsibilities

To help us deliver on time, you agree to:

• provide accurate, complete information, content, brand assets and feedback when requested;
• give timely approvals. Delays in approvals or materials may shift timelines;
• provide the access we need (for example to your website, hosting, ad accounts, analytics or marketplace seller accounts) and keep your own backup of critical data;
• make sure any content, product claims, images or data you give us are lawful and that you have the rights to use them; and
• follow the policies of the platforms we work on for you, such as Google, Meta, WhatsApp, Amazon and other marketplaces.

05Quotes, payments and taxes

• Quotes: quotes are valid for the period stated on them. Prices may change for new or renewed engagements.
• Currency: fees are charged in Indian Rupees (INR) unless your invoice states another currency, such as USD, AED or CAD.
• Taxes: fees are exclusive of applicable taxes (such as GST in India or VAT in the UAE), which are added to your invoice where required by law.
• Payment terms: payment is due as set out in your SOW or invoice. Advance payments may be required before work starts.
• Late payment: if an invoice is overdue, we may pause work, campaigns or Portal access until it is paid.
• Third-party costs: ad spend, domains, hosting, premium plugins, stock assets, marketplace fees and messaging charges (such as WhatsApp conversation fees) are paid by you, either directly to the provider or reimbursed to us.
• Secure payments: online payments are processed by trusted third-party payment gateways. We do not store your full card details.

06Cancellations and refunds

Cancellations and refunds are handled under our Cancellation & Refund Policy. Fees for work already completed, time already spent and third-party costs already incurred are generally non-refundable.

07Results and no guarantees

Search rankings, visibility in AI answers (such as Google AI Overviews, ChatGPT, Gemini or Perplexity), website traffic, ad performance, leads and marketplace sales depend on factors we do not control, including platform algorithms, competition and market conditions.

We will apply professional skill, current best practices and reasonable effort, but we do not guarantee any specific ranking, position, traffic level, return on ad spend or sales outcome. Any estimates or forecasts we share are for planning only.

08Third-party platforms and tools

Many Services run on third-party platforms such as Google, Meta (Facebook, Instagram, WhatsApp), YouTube, LinkedIn, Shopify, WordPress, Amazon, Flipkart, Etsy, eBay and Walmart. Your use of those platforms is also subject to their own terms and policies.

We are not responsible for platform outages, policy changes, ad disapprovals, account restrictions or suspensions made by these platforms, though we will help you respond where we can.

09WhatsApp, email and SMS marketing

When we run messaging campaigns for you, or you use our marketing tools, you confirm that:

• every contact you message has given valid, provable consent (opt-in) to receive messages from you;
• every message includes a clear way to opt out, and opt-out requests are honoured promptly;
• you follow the laws that apply to your audience, which may include India's telecom commercial communication rules and the Digital Personal Data Protection Act, 2023, the US CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), the UAE's data protection law and the EU/UK GDPR; and
• you follow the WhatsApp Business messaging policies and template rules set by Meta.

We may pause or refuse any campaign that we reasonably believe is unlawful, spam or likely to get your account restricted.

10Use of AI tools

We may use artificial intelligence (AI) tools to support research, keyword analysis, content drafting, design, code and reporting. AI-assisted work is reviewed by our team before delivery.

• You are responsible for reviewing and approving final content, especially facts, claims and legal or regulated statements, before it is published.
• We take reasonable care not to enter your confidential information into AI tools that could use it to train public models.
• In some countries, content created wholly by AI may not qualify for copyright protection.

11Intellectual property

Our Site: all content on the Site, including text, graphics, logos, designs, animations, videos and code, belongs to ADDAXART or its licensors and is protected by copyright and trademark laws. You may view it for personal, non-commercial use only. You may not copy, modify, distribute or republish it without our written permission.

Your deliverables: once you have paid in full for a project, ownership of the final deliverables we create specifically for you passes to you. This does not include:

• our pre-existing tools, frameworks, templates, code libraries and know-how, which we license to you for use with the deliverables; and
• third-party assets such as stock images, fonts, plugins and themes, which remain subject to their own licences.

Portfolio: unless agreed otherwise in writing (for example under an NDA), we may show completed work and your brand name in our portfolio and case studies.

12Confidentiality

Both parties will keep each other's non-public business information confidential and use it only for the engagement. This does not apply to information that is already public, was lawfully obtained from someone else, or must be disclosed by law.

13Client portals and accounts

If we give you access to a Portal, you must keep your login details and one-time passwords (OTPs) secure, and you are responsible for activity under your account. Tell us immediately if you suspect unauthorised access. We may suspend access to protect the security of the Portal or for non-payment.

14Acceptable use of the Site

You agree to use the Site only for lawful purposes. You must not:

• attempt unauthorised access, hacking, scraping or data mining of the Site or Portals;
• upload or transmit viruses, malware or other harmful code;
• copy, reproduce or commercially exploit Site content without written permission; or
• use the Site for fraud, spam, impersonation or any unlawful activity.

15Your submissions

If you send us content through the Site, such as enquiries, feedback, testimonials or files, you confirm you have the right to share it. You grant us a non-exclusive, royalty-free, worldwide licence to use it to respond to you and provide our Services, and, for testimonials and feedback you approve for publication, to display it on our Site and marketing. We may remove any submission that breaches these Terms.

16Privacy and data protection

Our Privacy Policy explains how we collect, use and protect personal data. We handle personal data in line with applicable law, including India's Digital Personal Data Protection Act, 2023 and, where they apply, the GDPR, Canada's PIPEDA and UAE data protection law.

Where we process personal data on your behalf (for example, your customer lists for a campaign), you remain responsible for having a lawful basis for that data, and we process it only on your instructions.

17Third-party links

The Site may link to third-party websites. These links are for convenience only and do not mean we endorse them. We are not responsible for their content, privacy practices or availability.

18Disclaimer

The Site and its content are provided "as is" and "as available". To the extent permitted by law, we make no warranties, express or implied, about the accuracy, completeness or availability of the Site, and we do not promise it will be error-free or uninterrupted.

19Limitation of liability

To the maximum extent permitted by law:

• ADDAXART is not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising from your use of the Site, the Portals or the Services; and
• our total liability for any claim relating to a Service is limited to the fees you paid us for that specific Service in the three (3) months before the claim arose.

Nothing in these Terms limits liability that cannot be limited by law.

20Indemnification

You agree to indemnify and hold harmless ADDAXART, its team, affiliates and agents from any claims, losses, damages or expenses (including reasonable legal fees) arising from:

• your misuse of the Site, the Portals or the Services;
• your breach of these Terms or of applicable law, including messaging and data protection law; or
• content, data or materials you provide that infringe someone else's rights.

21Suspension and termination

Either party may end an engagement as set out in the SOW, or with written notice if the other party materially breaches these Terms and does not fix the breach within a reasonable time. Fees for work completed and costs incurred up to the end date remain payable.

We may suspend or block access to the Site or Portals, without notice, for any user who breaches these Terms or harms the Site, its users or ADDAXART.

22Events beyond our control

Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, internet or platform outages, government actions, or cyber-attacks.

23Governing law and jurisdiction

These Terms are governed by the laws of India. Any dispute will be subject to the exclusive jurisdiction of the courts in Gautam Buddha Nagar, Uttar Pradesh, India. Before going to court, both parties agree to first try to resolve the dispute in good faith by contacting each other.

24Changes to these Terms

We may update these Terms from time to time. The latest version will always be on this page with its "Last updated" date. If you keep using the Site, Portals or Services after an update, you accept the updated Terms.

25Contact us

For any questions about these Terms, contact us: