Terms and Conditions

1. DEFINITIONS

"User", "Client", or "you" means any person or entity that accesses, uses, or interacts with our Site or services.

"Services" covers our content marketing, writing, editing, strategy, consulting, and all offerings as described on the Site, including any digital materials supplied by us.

"Content" refers to all written, visual, audio, video, and multimedia material we create, provide, host, or display, as well as user-submitted content.

"Deliverables" means any work product, including drafts and final approved content, supplied by us to you under a work order, proposal, or agreement.

2. ELIGIBILITY & ACCOUNT CREATION

• Use of the Site is permitted only for individuals who are 18 years or older or of legal age to enter binding contracts in their jurisdiction.
• Some features may require Account creation. You agree to provide accurate and complete information and update as necessary.
• You are responsible for maintaining confidentiality and for all activity under your account. We are not liable for unauthorized account use.

3. SERVICES & ENGAGEMENT TERMS

(a) Service Scope

• Detailed descriptions of our services are on the Site and/or in the relevant proposal or Statement of Work ("SOW").
• Any agreement or SOW signed separately shall prevail in case of conflict.

(b) Acceptance & Revisions

• Deliverables are subject to defined acceptance criteria (as per the SOW or proposal).
• You are responsible for reviewing all Deliverables; feedback and revision requests must be submitted within the specified revision periods.

(c) Turnaround & Approvals

• Delivery timelines provided are estimates unless guaranteed in writing.
• Delayed feedback or approvals from your side may postpone delivery dates.

(d) Third-party Services & Integrations

• Some services may require integration with third-party platforms or software. Use of these platforms is subject to their own terms.

4. FEES, PAYMENTS & TAXES

• Fees for services will be as agreed upon in our written proposal, order form, or SOW.
• Invoices are payable in USD, INR, or another agreed currency, within [insert number] days of invoice date unless otherwise stated.
• All applicable taxes (including GST, VAT, etc.), withholdings, and bank charges are to be borne by the client.
• Late payments may incur interest at [insert rate]% per month or the maximum allowed by law.
• No refunds except as expressly required by law or specified in a signed agreement.

5. INTELLECTUAL PROPERTY

(a) Our Content

• All intellectual property rights in the Site, its content (excluding user content and Deliverables), code, design, and trademarks belong to us or our licensors.
• You may access and use the Site solely for lawful, personal, and non-commercial purposes.

(b) Deliverables

• Upon full payment, you receive the rights to use Deliverables as set forth in your agreement/SOW:
  • "Work for Hire": Full ownership transfers to you, unless otherwise specified.
  • "License": You receive a specified license (exclusive/non-exclusive, commercial/non-commercial, territory, term).
• We reserve the right to use examples of non-confidential work for portfolio and promotional purposes, unless you expressly prohibit this in writing.

(c) User Content

• You retain ownership of any materials you provide for project execution.
• By submitting any content (comments, testimonials, etc.) to our Site or team, you grant us a worldwide, royalty-free, perpetual license to use, display, publish, and reproduce such content on our Site and marketing channels.

(d) Restrictions

• You may not reproduce, copy, modify, rent, lease, sell, or exploit any part of the Site or Services without express written consent.

6. CONFIDENTIALITY & DATA PROTECTION

• Both parties agree to keep confidential any non-public information exchanged during the engagement.
• Confidential information does not include publicly available information or data provided to us for promotion/marketing with your consent.
• We handle personal information as per our Privacy Policy. You are responsible for securing any login credentials shared with us.

7. ACCEPTABLE USE POLICY

You agree not to:

• Use the Site or Services for any unlawful, fraudulent, harmful, or abusive purposes;
• Upload or transmit viruses, malware, or any code intended to harm computer software or hardware;
• Attempt unauthorized access to the Site, our servers, or our data;
• Use automated tools (bots, scrapers) except with our written permission;
• Infringe on our or any third party's intellectual property rights.

Violations may result in termination of service and legal action.

8. THIRD-PARTY CONTENT & LINKS

• The Site may contain links to third-party sites or services over which we have no control.
• We are not responsible for any content, products, or services made available on third-party sites.
• Your use of third-party platforms is at your own risk and governed by those sites' terms.

9. DISCLAIMERS

• The Site and Services are provided "as is" and "as available," without warranty of any kind, express or implied.
• We disclaim all implied warranties, including fitness for a particular purpose, merchantability, and non-infringement.
• No advice or information, whether oral or written, will create any warranty.
• We do not guarantee uninterrupted or error-free availability of the Site or Services.

10. LIMITATION OF LIABILITY

• To the fullest extent permitted by law, ThinkIn Cap Content, its employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business interruption, or data loss arising out of or related to your use of the Site or Services—even if we have been advised of the possibility of such damages.
• Our maximum aggregate liability for any claim under this Agreement shall not exceed the total fees you have paid for the Services in the twelve (12) months preceding the event giving rise to liability.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ThinkIn Cap Content, its directors, employees, partners, and affiliates from and against any claims, damages, losses, liabilities, penalties, settlements, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Site or Services;
• Your breach of these Terms;
• Your violation of any law or third-party rights;
• Content or materials you submit or provide.

12. TERM, SUSPENSION, & TERMINATION

• We may suspend or terminate your access to the Site or Services at any time, with or without notice, for any violation of these Terms or for any other reason.
• Provisions relating to intellectual property, confidentiality, indemnity, and limitation of liability will survive termination.

13. GOVERNING LAW & JURISDICTION

• For Users in the United States, these Terms are governed by the laws of the State of Delaware.
• For Users in India or elsewhere, the laws of the Republic of India (exclusive jurisdiction: New Delhi courts) shall apply.
• Any disputes shall be resolved by binding arbitration or in the courts specified above, unless otherwise agreed in a signed, written agreement.

14. FORCE MAJEURE

We shall not be liable for any delay or failure in performance due to events outside our reasonable control, such as natural disasters, pandemics, strikes, civil unrest, internet outages, or government actions.

15. CHANGES TO TERMS

We may amend these Terms from time to time by posting the updated version on our Site with a revised effective date. Your continued use following changes indicates acceptance of the updated Terms.

16. MISCELLANEOUS

• Entire Agreement: These Terms constitute the entire agreement between you and ThinkIn Cap Content regarding the Site and Services.
• Severability: If any part is found to be invalid, it shall not affect the validity of the remainder.
• Waiver: Failure to enforce any provision does not constitute waiver.
• Assignment: You may not assign your rights or obligations; we may assign as part of a business change or merger.

17. CONTACT

For any queries regarding these Terms, please contact:

• Email: [email protected]