Terms of Service

1. Definitions

• "Deliverables" – Websites, videos, graphics, copy, reports, code, data, documentation, or any other work product we create for you.
• "Project" – A scope-defined engagement governed by an accepted proposal, Statement of Work ("SOW"), quotation, or service order.
• "Third-Party Platform" – Any software, plug-in, hosting environment, advertising network, or API not owned by Creatisoul (e.g., Google Ads, AWS, Vimeo).

2. Eligibility & Account Security

1. You must be at least 18 years old and legally able to enter into contracts.
2. You are responsible for keeping login credentials, API keys, and all project data confidential. Notify us immediately of any unauthorized use.

3. Scope of Services

Creatisoul offers, but is not limited to, the following:

* Anything not expressly listed in an accepted SOW is considered out of scope and may require a change request.

4. Project Process & Client Responsibilities

1. Discovery & Proposal – We provide a written proposal/SOW detailing scope, timelines, and investment.
2. Client Inputs – You must supply brand assets, logins, references, and timely feedback. Delays in feedback extend timelines.
3. Approvals – Written or email approval of milestones constitutes acceptance; further revisions may incur additional fees.
4. Testing & Launch – You will review Deliverables in a staging environment. Post-launch tweaks limited to items noted in the warranty period (see §9).

5. Fees, Invoicing & Payment

6. Intellectual Property (IP)

1. Pre-Existing IP – Each party retains all right, title, and interest in IP owned before the Project.
2. License to Deliverables – Upon full payment, we grant you an irrevocable, worldwide, royalty-free license to use, reproduce, display, and modify the Deliverables for your business.
3. Tools & Frameworks – Any proprietary scripts, AI models, or internal frameworks remain Creatisoul's property; you receive a non-exclusive use license.
4. Third-Party Assets – Stock images, fonts, or code libraries remain subject to their original licenses; you are responsible for any ongoing seat or usage fees.

7. Confidentiality

Each party agrees not to disclose non-public business, technical, or financial information ("Confidential Information") obtained during the Project for five (5) years after termination, except:

• to employees, contractors, or affiliates who must know for project execution;
• as required by law or court order (with prior notice where lawful).

8. Warranties & Disclaimers

1. Performance Warranty – For 30 days after final delivery, we will remedy bugs or functional deviations from the approved scope at no cost.
2. No Guarantee of Results – Digital marketing and SEO are influenced by factors outside our control (search algorithms, ad auctions, market conditions). We do not warrant specific rankings, traffic, or revenue.
3. Third-Party Platforms – We are not liable for service outages, policy changes, or data loss on hosting providers, social networks, or ad platforms.
4. General Disclaimer – Services are provided "as-is" and "as available." To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law, Creatisoul's total liability for any claim arising out of or relating to these Terms or Services shall not exceed the total fees paid by you to Creatisoul for the Project giving rise to the claim. Neither party shall be liable for indirect, incidental, special, punitive, or consequential damages (including lost profits, revenue, or data).

10. Indemnification

You agree to indemnify, defend, and hold harmless Creatisoul, its directors, employees, and agents from any third-party claims, damages, or expenses (including reasonable attorneys' fees) arising out of:

• your misuse of the Services;
• your breach of these Terms;
• content or assets supplied by you that infringe third-party rights or violate law.

11. Term & Termination

1. Term – These Terms remain in effect while you use the Services or until superseded by a new agreement.
2. Termination for Convenience – Either party may terminate a Project with 14 days' written notice. You will pay for work completed to date.
3. Termination for Cause – Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within seven (7) days of written notice.
4. Effect of Termination – Sections 6, 7, 8, 9, 10, 13 survive termination. Any outstanding invoices become due immediately.

12. Force Majeure

Neither party is liable for failure or delay caused by events beyond reasonable control, including natural disasters, wars, riots, government actions, or failures of power, internet, or third-party platforms.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law provisions.

• Amicable Resolution – Parties shall first attempt to resolve disputes informally within 30 days.
• Arbitration – Failing settlement, disputes shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The seat shall be Bengaluru, Karnataka; proceedings in English.
• Jurisdiction – Courts of Bengaluru have exclusive jurisdiction for injunctive or enforcement relief.

14. Changes to These Terms

We may update these Terms periodically. Material changes will be notified via email or a notice on our website at least 15 days before they take effect. Continued use of the Services after changes means you accept the revised Terms.

15. Miscellaneous

• Entire Agreement – These Terms and any signed SOW constitute the entire agreement, superseding all prior oral or written communications.
• Severability – If any provision is held unenforceable, the remaining provisions remain in full force.
• Assignment – Neither party may assign its rights or obligations without the other's prior written consent, except to an affiliate or during a merger/acquisition.
• No Waiver – Failure to enforce any right under these Terms is not a waiver of future enforcement.

16. Contact

For any questions regarding these Terms, please contact: