Terms and Conditions
Effective Date: November 20, 2024
1. Introduction
These Terms and Conditions (“Terms”) govern the use of services provided by Aidaptive Growthinfi Private Limited (“Company,” “we,” “us,” or “our”), operating under the brand name Growth Infi. Our registered office is located at Plot no 2/3, Sant Jagnade Society, Mankapur, Nagpur, Maharashtra, India 440030.By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use our services. These Terms constitute a legally binding agreement between you and the Company.
2. Definitions
2.1. “Client” refers to any individual or entity that engages our services.2.2. “Services” means the lead generation and nurturing services provided by Growth Infi to B2B companies.2.3. “Website” refers to any web properties owned and operated by the Company.2.4. “Content” includes, without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
3. Services
3.1. Description of Services: Growth Infi provides lead generation and nurturing services to B2B companies. Our services include, but are not limited to:
a) Lead identification and prospecting
b) Lead qualification and scoring
c) Lead nurturing and engagement
d) Marketing automation
e) Sales pipeline management
f) Analytics and reporting
g) Consulting services related to lead generation and nurturing3.2. Service Delivery: The specific scope, deliverables, and timelines of the Services will be outlined in a separate agreement or statement of work between the Company and the Client.3.3. Service Modifications: We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
4. Client Accounts
4.1. Account Creation: To access certain features of our Services, you may be required to create 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.4.2. Account Security: You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.4.3. Account Termination: We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
5. Intellectual Property Rights
5.1. Company’s Intellectual Property: All intellectual property rights in the Services, including but not limited to software, tools, databases, methodologies, reports, and documentation, remain the sole property of the Company. Nothing in these Terms shall be construed as granting you any rights to use our intellectual property except as explicitly stated herein.5.2. Client’s Intellectual Property: Clients retain all rights to their own data, content, and intellectual property provided to the Company for the purpose of delivering the Services.5.3. Feedback: If you provide any feedback, ideas, or suggestions regarding our Services (“Feedback”), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation to you.
6. Client Responsibilities
6.1. Information Accuracy: Clients are responsible for providing accurate, current, and complete information necessary for the provision of Services. This includes, but is not limited to, company information, target audience details, and marketing assets.6.2. Compliance with Laws: Clients must comply with all applicable laws and regulations related to their use of our Services, including but not limited to data protection laws, anti-spam regulations, and industry-specific regulations.6.3. Account Management: Clients are responsible for maintaining the confidentiality of their account information and passwords. Any activities that occur under your account are your responsibility.6.4. Content Responsibility: Clients are solely responsible for all Content they provide to us for use in the Services. You represent and warrant that you have all necessary rights to such Content and that it does not infringe upon any third-party rights.
7. Pricing and Payment
7.1. Fee Structure: Our pricing structure consists of:
a) A one-time implementation cost
b) Recurring monthly fees
c) Tool costs (which may be borne by either the Company or the Client, as agreed upon)7.2. Payment Terms: All fees are due and payable as specified in the invoice or agreement between the Company and the Client. Unless otherwise stated, invoices are due within 30 days of the invoice date.7.3. Late Payments: Any amounts not paid when due will accrue interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less.7.4. Taxes: All fees are exclusive of taxes. Clients are responsible for paying all applicable taxes, including sales, use, and value-added taxes.7.5. Price Changes: We reserve the right to change our prices at any time. We will provide notice of any price changes at least 30 days in advance.
d) The pricing will be custom based on the requirements. It would start at 79000 INR and may go upto 2.5 Lakhs INR .
8. Confidentiality
8.1. Confidential Information: Each party acknowledges that it may receive confidential or proprietary information (“Confidential Information”) from the other party in connection with the Services.8.2. Protection of Confidential Information: Each party agrees to:
a) Maintain the confidentiality of the other party’s Confidential Information
b) Use such Confidential Information only for the purposes of providing or receiving the Services
c) Restrict access to Confidential Information to its employees, contractors, and agents who need to know such information and are bound by confidentiality obligations8.3. Exclusions: Confidential Information does not include information that:
a) Is or becomes publicly available through no fault of the receiving party
b) Was known to the receiving party prior to disclosure by the disclosing party
c) Is independently developed by the receiving party without use of the disclosing party’s Confidential Information
d) Is rightfully obtained from a third party without breach of any confidentiality obligation8.4. Duration: The confidentiality obligations set forth in this section shall survive the termination of the Services for a period of five (5) years.
9. Data Protection and Privacy
9.1. Data Processing: In providing the Services, we may process personal data on behalf of the Client. Such processing shall be governed by our Data Processing Agreement, which is incorporated by reference into these Terms.9.2. Privacy Policy: Our collection and use of personal information in connection with the Services is governed by our Privacy Policy, which is available on our website and incorporated by reference into these Terms.9.3. Compliance with Data Protection Laws: Both parties agree to comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the Personal Data Protection Act (PDPA) of India.
10. Representations and Warranties
10.1. Company Warranties: We warrant that:
a) We have the right to provide the Services
b) The Services will be performed in a professional and workmanlike manner
c) We will comply with all applicable laws in providing the Services10.2. Client Warranties: You warrant that:
a) You have the right to use and provide any Content submitted to us for use in the Services
b) Your use of the Services will comply with all applicable laws and regulations
c) You have obtained all necessary consents and permissions for us to process personal data in connection with the Services10.3. Disclaimer: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
11.1. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CLIENT FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.11.2. Exclusion of Damages: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.11.3. Basis of the Bargain: THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Indemnification
12.1. Client Indemnification: You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:
a) Your access to or use of the Services
b) Your violation of these Terms
c) Your violation of any third-party right, including without limitation any intellectual property right or privacy right
d) Any claim that your Content caused damage to a third party12.2. Indemnification Procedure: We will promptly notify you of any claim subject to indemnification. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.
13. Term and Termination
13.1. Term: These Terms will remain in full force and effect while you use the Services or maintain an account with us.13.2. Termination by Client: You may terminate your use of the Services at any time by providing written notice as specified in the agreement between the Company and the Client.13.3. Termination by Company: We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.13.4. Effect of Termination: Upon termination:
a) Your right to use the Services will immediately cease
b) You will pay all outstanding fees for Services rendered up to the date of termination
c) We may delete your account and any associated data13.5. Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Refunds
14.1. Refund Policy: Refunds are subject to our separate Refund Policy, which is incorporated by reference into these Terms.14.2. Non-Refundable Fees: Implementation costs and tool costs are non-refundable.
15. Modifications to Terms
15.1. Updates to Terms: We reserve the right to modify these Terms at any time. We will provide notice of any material changes to the Terms by posting the new Terms on our website and updating the “Effective Date” at the top of these Terms.15.2. Acceptance of Modified Terms: Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.
16. General Provisions
16.1. Entire Agreement: These Terms, together with any other legal notices and agreements published by the Company, constitute the entire agreement between you and the Company concerning the Services.16.2. Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.16.3. No 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 the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.16.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may freely assign or transfer these Terms without restriction.16.5. Notices: Any notices or other communications provided by the Company under these Terms will be given by posting on the website or by email to the email address you provide to us. Notices provided by posting on the website will be effective upon posting, and notices provided by email will be effective when sent.16.6. Force Majeure: We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17. Governing Law and Jurisdiction
17.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.17.2. Jurisdiction: Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in Nagpur, Maharashtra, India.17.3. Dispute Resolution: Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting us at Info@growthinfi.com. If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding.
18. Contact Information
If you have any questions about these Terms, please contact us at:Aidaptive Growthinfi Private Limited
Plot no 2/3, Sant Jagnade Society
Mankapur, Nagpur
Maharashtra, India 440030
Email: Info@growthinfi.comBy using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.