Overview
These Terms and Conditions ("Terms") govern your access to and use of the Services provided by ShikhaShikz Marketing Private Limited ("OpenMarketer", "Company", "we", "us", or "our") to you ("User", "you", or "your").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the Services.
1. Definitions
- Account means the user profile required to access the Services, created by registering on OpenMarketer.
- Brand Guidelines means your brand's tone, voice, style, identity, instructions, and related rules submitted to the Services for content review and analysis.
- Content means any text, copy, creative material, brand material, instructions, or other information that you submit to the Services for analysis, review, or processing.
- Services means OpenMarketer's AI-Powered marketing operations system, which enables users to review content against configured brand guidelines and support related marketing review workflows.
- Company means ShikhaShikz Marketing Private Limited, which owns and operates OpenMarketer.
- User means any individual, business, organisation, or other entity that accesses or uses the Services.
2. Access and Use
2.1 Grant of Rights
The Company grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services for your internal business purposes and in accordance with these Terms.
2.2 Restrictions
You shall not, and shall not permit any third party to:
- Copy, reproduce, modify, distribute, sell, lease, sublicense, or reverse engineer any part of the Services.
- Use the Services for any unlawful, fraudulent, harmful, or unauthorised purpose.
- Upload content that violates applicable law, contractual obligations, or third-party rights.
- Attempt to gain unauthorised access to the Services or related systems.
- Interfere with or disrupt the integrity, security, or performance of the Services.
- Resell, white-label, sublicense, or otherwise make the Services available to third parties without prior written consent.
2.3 Enforcement and Account Termination
The Company reserves the right to suspend, restrict, or permanently terminate any Account at any time if it determines that use violates these Terms, applicable law, or third-party rights.
2.4 Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activity conducted through your Account.
3. Services
3.1 Service Delivery
Access to the Services is granted upon successful account creation and any verification steps required by the Company.
3.2 AI-Specific Limitations
The Services use artificial intelligence to assist with content review. AI review results are suggestions only and do not constitute professional advice of any kind. AI-generated outputs may be incorrect, incomplete, or unsuitable for your intended purpose. You are solely responsible for reviewing all outputs.
3.3 Service Availability
The Company will use reasonable efforts to maintain availability of the Services. However, the Services may be temporarily unavailable due to maintenance, upgrades, or circumstances beyond the Company's control.
3.4 Account Management
You may request deletion of your Account at any time by contacting the Company.
3.5 India-Only Availability
The Services are currently available only in India.
4. Pricing and Payments
4.1 Free Service
OpenMarketer is currently provided as a free-to-use Service. No payment information or billing details are required or collected at present.
4.2 Future Paid Plans
The Company reserves the right to introduce paid plans in the future.
5. Intellectual Property
5.1 Company Property
All rights, title, and interest in and to the Services remain the exclusive property of ShikhaShikz Marketing Private Limited and its licensors.
5.2 Your Content
You retain ownership of the Content and Brand Guidelines you submit to the Services.
5.3 Feedback
If you provide feedback regarding the Services, the Company may use it without restriction.
6. Disclaimers and Liability
6.1 "As Is" Basis
The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind.
6.2 Limitation of Liability
To the maximum extent permitted by applicable law, the Company's liability arising out of these Terms shall not exceed the amount paid by you in the six months preceding the claim.
7. Data Privacy
Personal data submitted through the Services will be processed in accordance with the OpenMarketer Privacy Policy.
8. Termination
The Company may suspend or terminate your access to the Services immediately if you breach these Terms or if your use creates legal or security risk.
9. Confidentiality
Each party shall use reasonable care to protect confidential information disclosed by the other party.
10. General Provisions
10.1 Governing Law
These Terms shall be governed by the laws of India.
10.2 Changes to the Terms
The Company may update these Terms from time to time. Continued use after changes constitutes acceptance.
11. Contact Information
For any questions regarding these Terms, you may contact:
Product: OpenMarketer Operated by: ShikhaShikz Marketing Private Limited Address: RH No. C10, Tranquility Phase 1, Shewalewadi, Manjari, Maharashtra 412307, India Email: support@openmarketer.ai Website: https://openmarketer.ai