Terms of service

1. Introduction

These terms of service ("terms") govern your use of this website. By accessing or using the site, you agree to be bound by these terms. If you do not agree, please do not use the site.

Please read these terms together with our privacy policy, which explains how we handle personal data collected through the site.

2. Who we are

This website is operated by [proprietor's full legal name], carrying on business as "Markitect" ("Markitect", "we", "us", "our"), a sole proprietorship based in India, with its principal place of business in Mumbai, India. You can contact us at legal@markitect.io.

3. What these terms cover

These terms govern your use of our website only: browsing the site, reading our content, and getting in touch with us through our forms or contact details.

They do not govern the services we provide to clients. Any engagement to provide services is subject to a separate written agreement between us and the client, which sets out the scope, fees, deliverables, and performance expectations for that engagement. Where there is any conflict between these terms and a signed services agreement in relation to services, the services agreement prevails.

4. Changes to these terms

We may update these terms from time to time to reflect changes in our practices or in the law. When we do, we will revise the "last updated" date at the top of this page. Your continued use of the site after we post changes means you accept the updated terms. We encourage you to review this page periodically.

5. Using our website

You may use our website for lawful purposes, to learn about our services, and to get in touch with us. You agree to use the site only in ways that are permitted by these terms and by applicable law, and that do not restrict or inhibit anyone else's use of the site.

6. Things you must not do

When using our website, you must not:

  • Use the site in any way that breaches any applicable law or regulation, or that is fraudulent or harmful.
  • Attempt to gain unauthorised access to the site, its servers, or any system or network connected to it.
  • Introduce viruses, malware, or any other material that is malicious or technologically harmful.
  • Scrape, harvest, or systematically extract data or content from the site without our written permission.
  • Copy, reproduce, republish, or redistribute our content except as allowed in section 7.
  • Use the site to send unsolicited communications, or to impersonate any person or entity.
  • Interfere with, damage, or disrupt any part of the site or any equipment or network on which it is stored.

We may suspend or withdraw your access to the site if you breach these terms.

7. Intellectual property

All content on this website, including text, graphics, logos, layouts, design, and the "Markitect" name and brand, is owned by us or our licensors and is protected by intellectual property laws. Nothing in these terms transfers any ownership to you.

You may view, download, and print pages from the site for your own reference and internal business use. You must not otherwise copy, reproduce, modify, distribute, or use our content for commercial purposes without our prior written consent. Any use of our trademarks or brand elements requires our written permission.

8. Material you submit to us

When you send us an enquiry, brief, message, or any other material through the site or by email, you confirm that you are entitled to provide it and that it does not infringe the rights of any third party. You are responsible for the accuracy of the information you provide.

We treat personal data you submit in line with our privacy policy. For any non-personal information or ideas you send us that are not marked as confidential and are not covered by a separate confidentiality agreement, you grant us permission to use them to respond to you and to run our business, without obligation to you.

9. Third-party links

Our website may contain links to third-party websites, tools, or resources. We provide these for convenience only. We do not control and are not responsible for the content, products, or practices of any third-party site, and a link does not imply our endorsement. Your use of any third-party site is at your own risk and subject to that site's own terms.

10. Our content is for information only

The content on this website, including articles, guides, case studies, and commentary, is provided for general information about our work and point of view. It does not constitute professional, legal, financial, or business advice, and you should not rely on it as such. Before acting on anything you read here, seek advice suited to your specific circumstances.

11. No guarantee of results

Search, content, authority, brand, and paid outcomes depend on many factors that are outside our control, including the algorithms and policies of search engines and AI platforms, competitor activity, the condition of a client's own website and brand, market conditions, and budget.

Any case studies, statistics, results, or client outcomes shown on this website describe what happened in specific past engagements. They are not a promise, guarantee, or assurance that you or anyone else will achieve the same or similar results. Nothing on this site should be read as a guarantee of rankings, citations, traffic, leads, revenue, or any other outcome. Where we take on an engagement, the expectations for that engagement are set only in the separate written agreement for it.

12. Disclaimers

The website is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we make no warranties or representations, express or implied, about the site, including that it will be uninterrupted, error-free, secure, or free of viruses, or that the content is accurate, complete, or current.

We may change, suspend, or withdraw all or part of the site at any time without notice. We are not liable if the site is unavailable at any time or for any period.

13. Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential loss, or for any loss of profits, revenue, data, business, or goodwill, arising out of or in connection with your use of, or inability to use, this website.

Our total aggregate liability to you arising out of or in connection with your use of the website, whether in contract, tort (including negligence), or otherwise, shall not exceed [a nominal sum, for example INR 5,000, or the amount you have paid us to access the site, which for a freely accessible website is nil].

Nothing in these terms excludes or limits our liability for anything that cannot be excluded or limited under applicable law, including liability for fraud, or for death or personal injury caused by our negligence.

14. Indemnity

You agree to indemnify and hold us harmless against any claims, losses, liabilities, and reasonable costs (including legal costs) arising from your breach of these terms or your misuse of the website.

15. Privacy

Our collection and use of personal data through the site is governed by our privacy policy, which forms part of these terms.

16. Governing law and jurisdiction

These terms, and any dispute or claim arising out of or in connection with them or your use of the website, are governed by and construed in accordance with the laws of India. The courts at Mumbai, India shall have exclusive jurisdiction over any such dispute or claim.

17. General

Entire agreement. These terms, together with the privacy policy and any signed services agreement, form the entire agreement between you and us in relation to your use of the website.

Severability. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

Waiver. Our failure to enforce any provision of these terms is not a waiver of that provision or of our right to enforce it later.

Assignment. You may not assign or transfer your rights under these terms. We may assign ours in connection with a sale, merger, or reorganisation of our business.

No partnership or agency. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship between you and us.

18. Contact us

For any questions about these terms, contact us at: legal@markitect.io