Terms of Service

1. Agreement to these terms

Appmontize Media Private Limited (CIN U74999DL2019PTC350753), a private limited company incorporated on 30 May 2019 under the Companies Act, 2013 (18 of 2013) and registered with the Registrar of Companies, Central Registration Centre, having its registered office at Office No. 903, 9th Floor, GD-ITL Northex Tower, A-9, NSP, Pitampura, New Delhi, North West Delhi, Delhi 110034, India, its principal place of business at 6th Floor, 613, Best Business Park, Plot No. P-2, Netaji Subhash Place, Pitampura, North West Delhi, Delhi 110034, India, and registered under the Goods and Services Tax Act with GSTIN 07AASCA3493N1ZW ("Appmontize", "the Company", "we", "us" or "our").

These Terms of Service ("Terms") govern your access to and use of the website at appmontize.co.in and its subdomains, together with all content, functionality and services made available through it (the "Site").

By accessing or using the Site you accept these Terms and agree to be bound by them, and you represent that you have the legal capacity to do so. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not accept these Terms, you must not use the Site.

These Terms incorporate our Privacy Policy by reference. In the event of a conflict between these Terms and the Privacy Policy on a matter of personal data, the Privacy Policy prevails.

2. The Site is information, not an offer

Nothing on the Site constitutes an offer capable of acceptance, an invitation to treat that binds us, a commitment to provide services, a quotation, a warranty of performance, or professional advice of any kind — legal, financial, tax, accounting or otherwise.

Descriptions of capabilities, case studies, published results, methodologies and team information are provided for general information about our business. They describe work performed for specific clients, in specific markets, at specific times, under conditions that are unlikely to be replicated exactly. Nothing on the Site should be read as a prediction, projection, guarantee or representation of the results that you or any other party will achieve.

You must not make any business, financial or investment decision in reliance on the Site alone. Any decision to engage us should be made on the basis of a written proposal and a signed agreement, following your own due diligence.

3. Case studies, metrics and client references

Where the Site publishes performance figures, those figures are drawn from campaign reporting produced by the relevant advertising platform, mobile measurement partner or client-side analytics system in force at the time. They are presented in good faith and reflect what those systems reported.

You should understand and accept the following about any such figure:

1. It relates to a defined campaign period and a defined market. Performance outside that period or market may differ materially, and typically does.
2. It depends on variables outside our control, including product-market fit, pricing, creative supply, competitive intensity, platform algorithm changes, seasonality, inventory availability, currency movements and regulatory conditions.
3. It may be stated in rounded, indexed or normalised form, or with client identifying details withheld, where the underlying engagement is subject to confidentiality obligations.
4. Attribution is a modelled estimate, not a measurement of ground truth. Different attribution models, windows and providers will produce different numbers for the same campaign, and none of them is definitively correct.

Client names, logos and trade marks appear on the Site to identify work performed. Their appearance does not imply that the named party endorses us, sponsors the Site, or has reviewed or approved its contents, unless the Site expressly says so.

If you are a named party and you wish a reference to be corrected or removed, write to the legal contact in Section 16 and we will address it.

4. Permitted use of the Site

You may access and use the Site for lawful purposes connected with evaluating, procuring or receiving our services. You may view, download and print pages for your own internal reference, provided you do not remove or alter any copyright, trade mark or other proprietary notice.

You must not, and must not permit any other person to:

• Use the Site in any way that breaches any applicable law or regulation, or that is fraudulent, deceptive or has any fraudulent or deceptive purpose or effect.
• Copy, reproduce, republish, distribute, sell, licence, sub-licence or otherwise commercially exploit any part of the Site or its content without our prior written consent.
• Use any automated system — including any robot, spider, scraper, or offline reader — to access, monitor, index or copy the Site or its content, other than a search engine crawler operating in accordance with our robots directives.
• Use the Site, its content or any material obtained from it to train, fine-tune, evaluate or ground any machine-learning or artificial-intelligence model, or to build any dataset for that purpose, without our prior written consent.
• Introduce any virus, trojan, worm, logic bomb, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorised access to the Site, the server on which it is stored, or any server, computer or database connected to it; or attack the Site by way of a denial-of-service attack or a distributed denial-of-service attack.
• Circumvent, disable or otherwise interfere with any security-related feature of the Site, including the bot-mitigation check on the enquiry form, or any rate limit or access restriction we apply.
• Reverse engineer, decompile or disassemble any part of the Site, except to the extent that applicable law expressly prohibits that restriction.
• Frame, mirror or embed the Site or any part of it on another website without our prior written consent, or present our content in a way that misleads as to its source.
• Use the Site to transmit unsolicited commercial communications, or to harvest contact details for that purpose.

We may suspend or terminate your access to the Site, without notice and without liability, if we reasonably believe you have breached this Section. Breach of this Section may also be a criminal offence under applicable computer-misuse legislation, including the Information Technology Act, 2000, and we may report it to the relevant authorities and cooperate with them by disclosing your identity where we lawfully can.

5. Submissions through the enquiry form

When you submit an enquiry through the Site, you agree that: the information you provide is accurate and not misleading; you are entitled to provide it, including any information about a third party; and you are not submitting confidential information belonging to any person.

No confidentiality attaches to an unsolicited submission. Do not send us confidential, proprietary or trade-secret information through the enquiry form. Confidentiality obligations arise only under a signed non-disclosure agreement or a signed engagement agreement, and until such an agreement is in place we accept no obligation of confidence in respect of anything you send us.

Ideas and suggestions. If you send us feedback, ideas or suggestions about our services or the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify and exploit them for any purpose, without obligation, attribution or compensation to you. This does not affect any rights in your own confidential information disclosed under a signed agreement.

Submitting an enquiry does not create a client relationship, a contract, or any obligation on us to respond, to accept an engagement, or to refrain from working with any other party, including a competitor of yours.

6. How engagements are actually formed

This Section exists to remove ambiguity about the boundary between the Site and a commercial relationship.

A binding engagement between you and Appmontize comes into existence only when a written agreement — a master services agreement, statement of work, insertion order or equivalent — is executed by an authorised signatory of each party. Email exchanges, verbal discussions, proposals, pitch decks, pricing indications and Site content do not, individually or together, create a binding commitment to provide or purchase services.

Where a signed engagement agreement exists, that agreement governs the services, and its terms prevail over these Terms in respect of anything within its scope. These Terms continue to govern your use of the Site itself.

Any pricing referenced on the Site or in preliminary correspondence is indicative only, is exclusive of Goods and Services Tax and any other applicable taxes, duties, levies or withholding, and is subject to change until fixed in a signed document.

7. Intellectual property

The Site and all content on it — including text, graphics, layout, design, source code, compiled assets, photographs, screenshots, illustrations, data visualisations, methodologies described, and the selection and arrangement of all of it — are owned by us or licensed to us, and are protected by copyright under the Copyright Act, 1957 and by corresponding laws in other jurisdictions, and by trade mark, database and other intellectual property rights.

"Appmontize", "Appmontize Media", our logo and our product and service names are our trade marks. You are granted no right or licence to use them. All other trade marks, logos and brand names appearing on the Site are the property of their respective owners and are used for identification purposes only.

Nothing in these Terms transfers any intellectual property right to you. The limited permission in Section 4 is a revocable licence to view content, not an assignment.

Notice of infringement. If you believe content on the Site infringes your intellectual property rights, write to the legal contact in Section 16 with: identification of the work you say is infringed; identification of the material on the Site and its location; your contact details; a statement that you have a good-faith belief that the use is not authorised; and a statement, made under penalty of perjury where your jurisdiction provides for it, that the information in your notice is accurate and that you are the rights holder or authorised to act for them. We will investigate and, where a claim is substantiated, remove or disable access to the material.

8. Availability of the Site

The Site is provided on an "as is" and "as available" basis. We do not warrant that it will be uninterrupted, timely, error-free, secure, or free of viruses or other harmful components, or that any defect will be corrected.

We may suspend, withdraw, discontinue or change all or any part of the Site without notice and without liability. We are under no obligation to keep any content on the Site up to date, and content may become inaccurate or outdated without our knowledge.

You are responsible for the arrangements necessary to access the Site, including your own hardware, software and connectivity, and for ensuring that everyone who accesses the Site through your connection is aware of these Terms and complies with them.

9. Disclaimer of warranties

To the fullest extent permitted by applicable law, we exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, or that the Site or its content will meet your requirements.

Without limiting the foregoing, we make no representation or warranty that any result, metric, benchmark, methodology or case study described on the Site is applicable to your circumstances or reproducible in them.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain liabilities. Where that is the case, the exclusions and limitations in these Terms apply only to the maximum extent that jurisdiction permits, and nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

10. Limitation of liability

Subject always to the final paragraph of Section 9, and to the fullest extent permitted by applicable law:

1. We will not be liable to you for any loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or reputation, loss of opportunity, loss or corruption of data, or for any indirect, special, incidental, consequential or punitive loss or damage, however arising, whether in contract, tort (including negligence), breach of statutory duty or otherwise, and whether or not such loss was foreseeable or we were advised of its possibility.
2. Our total aggregate liability to you arising out of or in connection with your use of the Site, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, is limited to Indian Rupees ten thousand (INR 10,000) or the equivalent in your local currency.
3. For the avoidance of doubt, this Section governs liability arising from the Site. Liability arising under a signed engagement agreement is governed exclusively by the limitation-of-liability provisions of that agreement, and this Section does not increase, reduce or otherwise affect them.

You agree that the limitations in this Section are reasonable given the nature of the Site, that it is provided without charge, and that you are not required to rely on it.

11. Indemnity

You agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents and contractors from and against all claims, demands, proceedings, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with: your breach of these Terms; your use of the Site in violation of applicable law; any content or information you submit through the Site, including any claim that it infringes a third party's rights or was submitted without authority; or your unauthorised use of any content obtained from the Site.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defence. You will not settle any matter in a way that imposes an obligation or admission on us without our prior written consent.

12. Third-party links and services

The Site contains links to third-party websites, applications, app-store listings, social media profiles and services, including sites we have built for clients. Those links are provided for information only.

We have no control over the contents, availability, security or privacy practices of any third-party resource, and we accept no responsibility or liability for them or for any loss or damage arising from your use of them. The inclusion of a link does not imply endorsement, affiliation, or that we have reviewed the linked resource. Your use of a third-party resource is governed by that party's own terms and privacy notice, which you should read.

13. Force majeure

We will not be in breach of these Terms, nor liable for any failure or delay in performance, arising from any event beyond our reasonable control, including acts of God, flood, fire, earthquake, epidemic or pandemic, war, armed conflict, terrorist act, civil commotion, riot, government or regulatory action, embargo, labour dispute, failure of public or private telecommunications networks, failure of a hosting, connectivity or upstream service provider, cyber-attack, or the withdrawal or material alteration of a third-party platform, API or advertising system on which the Site or a service depends.

14. Governing law and dispute resolution

These Terms, their subject matter and their formation, and any non-contractual obligation arising out of or in connection with them, are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws rules.

Escalation. Before commencing any formal proceeding, the parties will attempt in good faith to resolve the dispute through discussion between senior representatives, initiated by written notice describing the dispute, for a period of thirty (30) days.

Arbitration. Any dispute not resolved under the preceding paragraph will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended, by a sole arbitrator appointed by agreement between the parties or, failing agreement within thirty (30) days, appointed in accordance with that Act. The seat and venue of arbitration will be New Delhi, India. The language of the arbitration will be English. The award will be final and binding on the parties.

Courts. Subject to the arbitration provision above, the courts at New Delhi, India have exclusive jurisdiction. Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from any court of competent jurisdiction to protect its intellectual property or confidential information.

Where you engage our Singapore affiliate, the governing law, seat of arbitration and jurisdiction applicable to that engagement will be as set out in the agreement with that entity, and will prevail over this Section in respect of that engagement.

Mandatory consumer rights. If you access the Site as a consumer and the law of your country of residence confers rights on you that cannot be excluded by agreement, including a right to bring proceedings in your local courts, this Section does not deprive you of those rights.

15. General

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in respect of the Site and supersede all prior understandings on that subject. Nothing in this paragraph limits liability for fraudulent misrepresentation.
• Severability. If any provision of these Terms is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions continue in full force.
• No waiver. Our failure or delay in enforcing any provision is not a waiver of it. A waiver of any breach is not a waiver of any subsequent breach.
• Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours to an affiliate, or in connection with a merger, acquisition or sale of assets, on notice to you.
• No third-party rights. A person who is not a party to these Terms has no right to enforce any of their provisions.
• No partnership or agency. Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between the parties.
• Survival. Sections 3, 5, 7, 9, 10, 11, 14 and 15 survive any termination of your access to the Site.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Language. These Terms are drafted in English. Any translation is provided for convenience, and in the event of a conflict the English version prevails.

Changes to these Terms. We may revise these Terms at any time by posting an amended version on this page with an updated date. Revisions take effect when posted and apply to your use of the Site from that point. Your continued use of the Site after a revision constitutes acceptance of it. Please check this page periodically.

16. Contact

Questions about these Terms, legal notices, and intellectual property claims should be addressed to:

Corporate identity: Appmontize Media Private Limited · CIN U74999DL2019PTC350753 · PAN AASCA3493N · GSTIN 07AASCA3493N1ZW.