Terms and Conditions – Datos Infotech PVT LTD

Customer understands, acknowledges, and agrees that these Terms and Conditions (“Terms”) are made as a part of the Datos Infotech All‑in‑One Digital Marketing Platform, which governs the access and use of the Service (as defined below) provided by Datos Infotech Private Limited (“Company”), an Indian company having its principal place of business at Mysore – 570023, Karnataka, India. By opening an Account or otherwise using the Service, the Customer affirms its consent to these Terms. If a Customer is acting on behalf of or for the benefit of a corporate entity or other third party, Customer represents and warrants that it has the necessary authority to agree to these Terms and to bind such corporate entity or third party to these Terms.

Definitions

“Affiliate” of an entity means a corporation that is controlling, controlled by, or under common control of such entity.

“Ad Account” means the advertising account of the Customer/Datos Infotech in the applicable Ad Network.

“Ad Network” means any third‑party advertisement platform for which the Ad Account relates and with respect to which the Services are rendered, including but not limited to Google, Facebook/Instagram (Meta), YouTube, LinkedIn, or similar platforms.

“Ad Spend” means the total amount included in all Ad Accounts of a Customer, regardless of whether such amount is fully utilized or not.

“Platform” means the Company’s proprietary platform for management, planning, optimizing, monitoring, and execution of digital marketing and advertising strategies, including any applications, databases, software, servers, tools, plugins, documentation, updates, upgrades, modifications, enhancements, modules, add‑ons, and related technologies.

“Intellectual Property Rights” means all rights arising from patents, copyrights, trade secrets, confidential information, trademarks, service marks, trade names, designs, software, databases, know‑how, inventions, improvements, and other proprietary rights in any jurisdiction, whether registered or unregistered.

“Service” means the software‑as‑a‑service (SaaS) solutions, mobile or web applications, and related services provided by the Company to the Customer for online management, monitoring, execution, and optimization of advertising and marketing campaigns, including maintenance and support.

License; Use of Service

The Service is a SaaS‑based digital marketing and advertising tool provided by the Company and may be used by the Customer through the Platform. The Service is intended to assist in the creation, management, monitoring, execution, and optimization of advertising campaigns on applicable Ad Networks and is not intended to replace the Customer’s independent discretion or judgment.

The Customer acknowledges that marketing effectiveness depends on multiple factors beyond the Company’s control, including Ad Network policies, market conditions, audience behavior, product quality, and strategies selected by the Customer. Accordingly, the Company does not warrant or guarantee any specific results, performance, revenue, or profitability arising from the use of the Service.

The Customer further acknowledges that the Service is dependent on the availability and operation of third‑party platforms and websites, including Ad Networks, and the Company shall not be responsible or liable for their availability, rules, policies, functionality, suspension, or changes.

The Company may, at its discretion, add, modify, enhance, or remove features of the Service or Platform. The Customer acknowledges that no specific functionality is guaranteed to remain available.

The Customer is solely responsible for obtaining and maintaining all internet connectivity, devices, software, hardware, and security systems required to access the Platform. The Company provides no warranty with respect to such third‑party means.

The Service may only be used for the purposes described above (“Purpose”). The Platform and Service may not be copied, reproduced, distributed, sublicensed, sold, or otherwise exploited for any other purpose without prior written consent of the Company. All rights not expressly granted are reserved by the Company.

Subject to payment of applicable fees and compliance with these Terms, the Company grants the Customer a non‑exclusive, non‑transferable, revocable, limited right to access and use the Service during the term of engagement.

Prohibited Activities

The Customer shall not use the Service for any unlawful or prohibited purpose, including but not limited to managing campaigns that:

(a) Engage in unlawful, indecent, obscene, or morally objectionable activities;
(b) Disseminate unlawful, harassing, abusive, threatening, vulgar, or offensive material;
(c) Encourage conduct constituting a criminal offence or civil liability;
(d) Gain unauthorized access to systems or networks;
(e) Interfere with other users or provide competing services using the Platform;
(f) Transmit spam, junk mail, or chain messages;
(g) Infringe third‑party intellectual property rights;
(h) Circumvent security features or usage limitations; or
(i) Violate the terms, conditions, or policies of any applicable Ad Network.

The Company disclaims all liability arising from any prohibited use of the Service.

Registration

Access to the Platform requires registration by the Customer, including linking of relevant Ad Accounts. Login credentials are personal, confidential, and must not be shared. The Customer is responsible for all activities conducted through its account.

Intellectual Property

All Intellectual Property Rights in and to the Service, Platform, and related documentation belong exclusively to the Company or its licensors. These Terms do not transfer ownership of any intellectual property.

All Customer‑generated content remains the property of the Customer. However, any feedback, suggestions, or comments provided to the Company shall be deemed non‑confidential and may be freely used by the Company without compensation.

All intellectual property belonging to Ad Networks remains the property of the respective Ad Networks.

Third‑Party Services

The Service may integrate or make available third‑party software, applications, or services (“Third‑Party Services”). Use of such services is governed by their respective terms. The Company provides Third‑Party Services on an “as‑is” basis and disclaims all warranties and liabilities related thereto.

Fees and Payments

Fees payable to the Company are based on Ad Spend or other commercial terms agreed with the Customer. Excess Ad Spend may result in additional charges. The Company may issue invoices per campaign, order, or billing cycle.

Representations and Warranties

The Company represents that it has the authority to provide the Service. The Customer represents that it has the authority to accept these Terms, will comply with all applicable laws and Ad Network policies, and will not infringe third‑party rights.

Confidentiality

All non‑public information relating to the Service or Platform shall be treated as confidential and shall not be disclosed except as required by law.

Warranty Disclaimer; Limitation of Liability

The Service is provided on an “as‑is” and “as‑available” basis without warranties of any kind. The Company shall not be liable for indirect, incidental, or consequential damages. The Company’s total liability shall not exceed the fees paid by the Customer.

Term and Termination

The Company may suspend or terminate access to the Service for breach of these Terms, violation of Ad Network policies, insolvency, or upon request of an Ad Network. Upon termination, access to the Platform shall cease and fees paid shall be non‑refundable unless otherwise required by law.

Data Collection and Use

The Company may collect, store, and use usage data for billing, analytics, and service improvement. Aggregated and anonymized data may be used internally. The Customer is responsible for any personal data uploaded to the Platform.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of India. Courts in Karnataka shall have exclusive jurisdiction.

Datos Infotech Private Limited
Mysore – 570023, Karnataka, India