Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and The Mindroot Digital ("Company", "we", "us", or "our"), governing your access to and use of our website at themindroot.com and all related services.

By accessing our website, submitting an enquiry, entering into a service agreement, or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. Our Services

The Mindroot Digital provides AI-powered digital services including, but not limited to:

• Digital Strategy & Planning
• Website & Ecommerce Development
• Digital Marketing & Content
• AI-Driven Call Centre Setup
• Brand Market Entry & Commercialization Strategy
• Marketing ROI & Spend Optimization

The specific scope, deliverables, timelines, and pricing for any engagement will be defined in a separate Statement of Work (SOW) or Service Agreement executed between the parties. In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement will prevail.

3. Client Accounts & Information

To access certain services, you may be required to provide account information. You agree to:

• Provide accurate, current, and complete information.
• Maintain the security of your credentials and notify us immediately of any unauthorised access.
• Accept responsibility for all activity under your account.

We reserve the right to suspend or terminate access if information provided is found to be inaccurate, misleading, or in violation of these Terms.

4. Intellectual Property

4.1 Our Intellectual Property

All content on our website — including text, graphics, logos, icons, images, audio clips, and software — is the property of The Mindroot Digital or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written consent.

4.2 Client Materials

You retain ownership of all materials, data, and intellectual property you provide to us for project purposes. You grant us a limited, non-exclusive licence to use such materials solely to deliver the agreed services.

4.3 Deliverables

Upon receipt of full payment, ownership of custom deliverables created specifically for you (e.g., website code, creative assets) transfers to you, except for any pre-existing tools, frameworks, or proprietary methodologies we developed independently — licences for which are granted for use within the deliverable only.

5. Payment Terms

• Fees and payment schedules are set out in the relevant SOW or Service Agreement.
• Unless otherwise agreed, invoices are due within 14 days of issue.
• Late payments may incur interest at 1.5% per month or the maximum permitted by law.
• We reserve the right to pause or suspend services for overdue accounts.
• All fees are exclusive of applicable taxes (e.g., GST, VAT), which will be added where required by law.
• Refunds are subject to the terms of the specific Service Agreement. Generally, fees for work already completed are non-refundable.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement ("Confidential Information"). This obligation does not apply to information that:

• Is or becomes publicly available through no breach of this agreement.
• Was independently known to the receiving party prior to disclosure.
• Is required to be disclosed by law or court order.

Confidentiality obligations survive termination of the service relationship for a period of three (3) years.

7. Warranties & Disclaimers

We warrant that our services will be performed with reasonable care and skill. However:

• Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied.
• We do not warrant that our website will be uninterrupted, error-free, or free of viruses.
• We do not guarantee specific results from marketing, advertising, or AI-driven strategies, as outcomes depend on market conditions and client implementation.
• We are not responsible for third-party platforms, APIs, or services integrated into deliverables.

8. Limitation of Liability

To the fullest extent permitted by applicable law:

• Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to us in the three (3) months preceding the event giving rise to the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, revenue, data, business opportunity, or goodwill — even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Mindroot Digital and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms.
• Your use of our services in violation of applicable law.
• Any content or materials you provide to us that infringe third-party rights.

10. Termination

Either party may terminate a service engagement as set out in the applicable Service Agreement. We reserve the right to suspend or terminate your access to our website and services immediately, without notice, if:

• You breach any provision of these Terms.
• We are required to do so by law or regulatory requirement.
• Continuing the relationship would expose us to legal liability.

Upon termination, all provisions that by their nature should survive (including IP ownership, confidentiality, payment obligations, and limitation of liability) shall continue to apply.

11. Governing Law & Disputes

These Terms are governed by the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Delhi, India.

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes in good faith through direct negotiation for a period of no less than 30 days.

12. Changes to These Terms

We reserve the right to update these Terms at any time. We will indicate the date of the most recent revision at the top of this page. Your continued use of our website or services after any changes constitutes your acceptance of the revised Terms.

13. Contact Us

For questions regarding these Terms and Conditions, please contact: