Terms of Service

Last updated: 13 September 2026

These Terms of Service ("Terms") govern your access to and use of the website digilytixs.com (the "Website") and the digital marketing and AI automation services provided by Digilytixs ("Digilytixs", "we", "us", or "our"), including Lead Generation Ads, Website Design, Marketing Automation, Short Video Ads Production, and eCommerce Performance Marketing (collectively, the "Services").

By accessing our Website, submitting an enquiry, or engaging us for Services, you ("you," "client," or "user") agree to be bound by these Terms. If you do not agree, please do not use our Website or Services.

1. Our Services

Digilytixs provides performance marketing and automation services, which may include paid advertising campaign management (Meta Ads, Google Ads), website and landing page design, marketing automation (including WhatsApp and CRM workflows), video ad production, and eCommerce marketing consulting. The specific scope, deliverables, timeline, and fees for any engagement will be set out in a separate proposal, quotation, or service agreement ("Order Form") agreed between Digilytixs and the client. In case of conflict, the Order Form will take precedence over these general Terms for that specific engagement.

2. No Guarantee of Specific Results

Case studies, testimonials, and performance figures shown on our Website (such as ROI, ROAS, cost-per-lead, or conversion rate improvements) reflect results achieved for specific clients under specific market conditions and are provided for illustrative purposes only. Digital marketing outcomes depend on many factors outside our control, including but not limited to your industry, competition, ad platform policies, budget, market conditions, and third-party platform algorithm changes.

Except where an explicit, written performance guarantee is stated in a signed Order Form, Digilytixs does not guarantee any specific leads, sales, revenue, ranking, traffic, or return on investment. Past performance for other clients is not indicative of future results for your business.

3. Client Responsibilities

To deliver our Services effectively, we may require you to:

  • Provide timely access to ad accounts, website/CMS, analytics, and other platforms as required
  • Provide accurate business information, creative assets, and approvals within agreed timelines
  • Ensure your products, services, offers, and creative content comply with applicable laws and the advertising policies of platforms such as Meta and Google
  • Make timely payments as per the agreed Order Form

Delays in providing access, approvals, or information may affect campaign timelines and results, and Digilytixs is not responsible for delays or underperformance caused by such client-side delays.

4. Fees & Payment

Fees for Services are as set out in the applicable Order Form or invoice. Unless otherwise agreed in writing:

  • Our service fees are separate from any third-party advertising spend (Meta Ads, Google Ads budgets), which is paid directly by you to the ad platform or reimbursed to us at cost
  • Invoices are due within the timeframe stated on the invoice; late payments may result in suspension of active campaigns or services
  • Fees already paid for work performed or ad spend already committed are non-refundable, except where required by law or expressly agreed otherwise

5. Third-Party Platforms

Our Services rely on third-party advertising, hosting, automation, and communication platforms (including but not limited to Meta, Google, WhatsApp Business API providers, CRM tools, and hosting providers). These platforms have their own terms of service, advertising policies, and privacy practices, which are outside our control. Digilytixs is not responsible for account suspensions, disapprovals, downtime, policy changes, or data loss caused by these third-party platforms, though we will make reasonable efforts to help resolve such issues on your behalf.

6. AI & Automation Tools

As part of our Marketing Automation services, we may configure and use AI-powered tools, chatbots, and automation platforms (e.g. WhatsApp auto-replies, CRM workflows, lead-scoring or nurturing sequences) on your behalf. You acknowledge that:

  • Automated and AI-generated responses may occasionally be inaccurate, incomplete, or require human review, and should be monitored periodically
  • You remain responsible for reviewing and approving automated messaging content and workflows configured for your business before and during use
  • Digilytixs is not liable for actions taken by customers or third parties in reliance on automated communications, except where caused by our gross negligence or willful misconduct

7. Intellectual Property

Unless otherwise agreed in writing:

  • Final creative deliverables (ad creatives, website designs, video ads) paid for and delivered to the client become the client's property upon full payment
  • Digilytixs retains ownership of its proprietary processes, templates, frameworks, and internal tools used to deliver Services, and may showcase completed work (with anonymized or aggregated data where required) in its portfolio, case studies, and marketing materials, unless the client requests confidentiality in writing
  • All content on the Website (text, graphics, logos, and design) is owned by Digilytixs and may not be copied or reproduced without permission

8. Confidentiality

Each party agrees to keep confidential any non-public business, financial, or strategic information shared during the engagement, and to use it solely for the purpose of delivering or receiving the Services, except where disclosure is required by law.

9. Limitation of Liability

To the maximum extent permitted by law, Digilytixs shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunity, arising out of or related to the Services or use of the Website. Our total aggregate liability for any claim arising from the Services shall not exceed the total fees paid by you to Digilytixs for the specific Service giving rise to the claim in the three (3) months preceding the claim.

10. Indemnification

You agree to indemnify and hold Digilytixs harmless from any claims, damages, or expenses arising from: (a) your breach of these Terms; (b) content, products, or offers you provide that violate applicable law or third-party rights; or (c) your misuse of the Website or Services.

11. Termination

Either party may terminate an ongoing engagement as per the notice period specified in the applicable Order Form. In the absence of a specified notice period, either party may terminate with thirty (30) days' written notice. Fees for work performed and ad spend committed up to the termination date remain payable.

12. Website Use

You agree not to misuse the Website, including attempting unauthorized access, introducing malware, scraping content without permission, or using the Website for any unlawful purpose. We may suspend or restrict access to the Website for any user who violates these Terms.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts at Lucknow, Uttar Pradesh, India. Where feasible, both parties agree to first attempt to resolve any dispute through good-faith negotiation before initiating formal proceedings.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. Updated Terms will be posted on this page with a revised "Last updated" date. Continued use of the Website or Services after such changes constitutes acceptance of the updated Terms.

15. Contact Us

For any questions about these Terms, please contact us:

This Terms of Service is general-purpose starter content and should be reviewed by a qualified legal professional before publishing, to ensure it fully reflects your specific business practices and complies with applicable Indian law.

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