1. Introduction and Acceptance

These Terms of Service (“Terms”) constitute a legally binding agreement between Indiburg Technologies (“Indiburg”, “we”, “us”, or “our”) and the individual, business, company, or organization accessing or using our website and services (“Customer”, “you”, or “your”).

By accessing our website, submitting an inquiry, registering for an account, purchasing a service, or using any of our products or solutions, you acknowledge that you have read, understood, and agreed to these Terms.

If you accept these Terms on behalf of a company or organisation, you confirm that you have the authority to bind that entity to this agreement.

These Terms should be read together with our Privacy Policy and any applicable service-specific agreements, proposals, quotations, order forms, or Service Level Agreements (SLAs). Where a signed agreement contains provisions that conflict with these Terms, the signed agreement will prevail for the relevant services.

2. Our Services

Indiburg Technologies provides digital marketing, business communication, software development, and technology solutions to businesses.

Our services may include, but are not limited to:

2.1. Software and Development Services

• Custom Software Development

• Website and Web Application Development

• Mobile Application Development

• Custom CRM and ERP Solutions

• API Development and Integration

• Business Process Automation

• MVP and Product Development

• Cloud-Based Solutions and Integrations

2.2. Business Communication Services

• WhatsApp Business API

• WhatsApp Chatbots and Automation

• Bulk SMS Services

• Transactional and Promotional SMS

• OTP and Notification Services

• RCS Business Messaging

• Bulk Email Marketing

• IVR and Voice Communication Solutions

• Communication API Integrations

2.3. Digital Marketing Services

• Search Engine Optimisation (SEO)

• Google Ads and Paid Advertising

• Meta and Social Media Advertising

• Social Media Marketing and Management

• Performance Marketing

• Lead Generation Campaigns

• Website Optimisation and Conversion Improvement

• Digital Strategy and Consultation

Customers may purchase individual services or combine multiple solutions depending on their business requirements.

Service features, pricing, availability, and technical specifications may change as our offerings evolve. Certain services may depend on external platforms, telecom operators, cloud providers, or other third-party service providers.

3. Eligibility and Account Registration

3.1. Our services are primarily intended for businesses, organisations, professionals, and individuals using them for legitimate business purposes.

3.2. You must provide accurate, complete, and up-to-date information when registering for an account or purchasing our services.

3.3. You are responsible for maintaining the confidentiality of your account credentials, passwords, API keys, and access tokens.

3.4. All activities performed through your account or authorised credentials will be treated as activities undertaken by you.

3.5. You must notify us promptly if you suspect unauthorised access, security breaches, or misuse of your account.

3.6. We reserve the right to restrict, suspend, or terminate accounts containing inaccurate information or involved in activities that violate these Terms.

4. Acceptable Use and Customer Responsibilities

You agree to use our website, software, communication services, and APIs responsibly and in compliance with applicable laws.

You must not:

4.1. Use our services for unlawful, fraudulent, misleading, deceptive, or harmful activities.

4.2. Send spam, unsolicited messages, malicious content, or unauthorised promotional communications.

4.3. Violate the privacy, intellectual property, or other legal rights of any individual or organisation.

4.4. Upload or transmit viruses, malware, malicious scripts, or other harmful code.

4.5. Attempt to gain unauthorised access to our systems, servers, software, or infrastructure.

4.6. Reverse-engineer, copy, modify, or exploit our software, APIs, or technical infrastructure without written permission.

4.7. Use our services in a manner that disrupts, damages, or negatively affects our systems or other customers.

4.8. Share API credentials or account access with unauthorised parties.

4.9. Use communication channels to distribute prohibited, misleading, abusive, or illegal content.

You are solely responsible for the information, data, messages, campaigns, and materials submitted or transmitted through our services.

5. Customer Content and Data Protection

5.1. You retain ownership of the business information, customer data, documents, media, messages, and other content that you submit through our services (“Customer Content”).

5.2. You grant Indiburg a limited, non-exclusive right to access, process, store, transmit, and use Customer Content only as reasonably necessary to provide, maintain, support, and improve the contracted services, subject to applicable agreements and law.

5.3. You are responsible for ensuring that you have the necessary rights, permissions, consents, and lawful basis to collect and share personal information with us.

5.4. Where we process personal data on your behalf, our responsibilities will be governed by applicable data protection laws and any relevant data processing agreement.

5.5. We will handle personal information in accordance with our Privacy Policy.

5.6. You must not upload or process sensitive, confidential, or personal information through our systems unless such processing is authorised and supported by the relevant service and applicable law.

5.7. Data retention, deletion, and access procedures may vary depending on the service, contractual arrangements, and applicable legal requirements.

6. Messaging and Communication Compliance

This section applies to WhatsApp Business API, Bulk SMS, RCS, Bulk Email, IVR, and other communication services provided by Indiburg.

6.1. You are responsible for obtaining valid consent or establishing another lawful basis before sending communications to recipients.

6.2. You must comply with applicable regulations, including relevant TRAI requirements, DLT registration requirements, sender ID and message template rules, and applicable data protection laws in India.

6.3. WhatsApp communications must comply with Meta’s applicable WhatsApp Business policies, commerce policies, messaging rules, and template approval requirements.

6.4. RCS communications must comply with applicable Google, carrier, and messaging partner policies.

6.5. Email campaigns must follow applicable anti-spam, consent, unsubscribe, and electronic communication requirements.

6.6. You are responsible for maintaining appropriate consent records, recipient lists, approved templates, and communication preferences.

6.7. You must honour opt-out requests and maintain suppression lists wherever required.

6.8. Indiburg reserves the right to reject, pause, restrict, or suspend campaigns that appear to violate applicable laws, third-party policies, or our acceptable use requirements.

6.9. Indiburg is not responsible for account restrictions, template rejections, message filtering, delivery failures, or penalties resulting from customer violations of applicable platform or regulatory policies.

7. Third-Party Platforms and Integrations

Our services may integrate with or depend on third-party platforms and providers, including:

• Meta and WhatsApp Business Platform

• Google and RCS infrastructure

• Telecom operators and SMS aggregators

• Email delivery providers

• Cloud hosting and infrastructure providers

• Payment gateways

• External APIs, CRM platforms, and software providers

• Advertising platforms, including Google and Meta

7.1. Your use of third-party platforms may be subject to their separate terms, policies, and conditions.

7.2. Indiburg does not own or control third-party infrastructure and cannot guarantee uninterrupted availability or performance of external platforms.

7.3. We are not responsible for third-party service interruptions, policy changes, account suspensions, pricing changes, delivery restrictions, or technical failures beyond our reasonable control.

7.4. You authorise us to coordinate with relevant third-party providers where necessary to deliver your contracted services.

8. Pricing, Payments, and Taxes

8.1. Pricing for our services will be communicated through quotations, proposals, service plans, subscriptions, invoices, or other agreed commercial documents.

8.2. Depending on the service, charges may be based on:

• Monthly or annual subscriptions.

• One-time development or implementation fees.

• Usage-based charges.

• Message, API, or communication volume.

• Campaign management and service fees.

• Custom project requirements.

8.3. Unless otherwise agreed in writing, payments must be made according to the payment schedule specified in the relevant quotation or invoice.

8.4. Applicable taxes, including GST, will be charged in accordance with Indian tax laws.

8.5. Prepaid communication balances and usage-based services may be deducted according to actual consumption and applicable provider charges.

8.6. Delayed payments may result in service restrictions, suspension, or interruption after reasonable notice.

8.7. We reserve the right to revise our pricing with prior notice. Revised pricing will apply according to the applicable commercial agreement or renewal terms.

8.8. Refunds, cancellations, and service credits will be governed by the applicable Refund and Cancellation Policy or written agreement.

9. Service Availability and Support

9.1. Indiburg makes commercially reasonable efforts to maintain the availability, reliability, and performance of its services.

9.2. However, uninterrupted or error-free operation cannot be guaranteed.

9.3. Services may occasionally become unavailable due to:

• Scheduled maintenance.

• Software updates or infrastructure upgrades.

• Telecom or internet network failures.

• Third-party platform outages.

• Cloud infrastructure disruptions.

• Cybersecurity incidents.

• Circumstances beyond our reasonable control.

9.4. Support availability, response times, maintenance commitments, and service levels will depend on the selected service plan or applicable agreement.

9.5. Any specific uptime commitment or guaranteed support response time must be expressly agreed in a separate SLA or written contract.

9.6. We may modify, upgrade, replace, or discontinue certain features where reasonably necessary, subject to applicable contractual commitments.

10. Intellectual Property Rights

10.1. All intellectual property rights relating to our website, branding, software, platform, source code, documentation, designs, methodologies, and proprietary technology remain with Indiburg Technologies or its respective licensors, unless otherwise agreed in writing.

10.2. Customers receive a limited, non-exclusive, non-transferable right to use the relevant services during the applicable subscription or contractual period.

10.3. You must not reproduce, distribute, resell, sublicense, reverse-engineer, or commercially exploit our proprietary materials without prior written permission.

10.4. Ownership and licensing of custom-developed software, source code, designs, deliverables, and project materials will be governed by the applicable proposal, statement of work, or development agreement.

10.5. Unless otherwise agreed, Indiburg retains ownership of its pre-existing software components, reusable frameworks, tools, libraries, technical processes, and general development methodologies.

10.6. Customer logos, trademarks, and branding materials remain the property of their respective owners.

11. Confidentiality

11.1. Both parties agree to protect confidential business, technical, financial, operational, and commercial information received from the other party.

11.2. Confidential information must not be disclosed to unauthorised third parties without prior written consent, except where disclosure is required by law.

11.3. Each party will use reasonable measures to protect confidential information from unauthorised access, disclosure, or misuse.

11.4. These confidentiality obligations will continue after termination of the relevant service relationship.

12. Warranties and Disclaimers

12.1. Our website and services are provided on an “AS IS” and “AS AVAILABLE” basis, except where expressly agreed otherwise in writing.

12.2. To the maximum extent permitted by applicable law, Indiburg disclaims implied warranties relating to merchantability, fitness for a particular purpose, and uninterrupted availability.

12.3. We do not guarantee:

• Specific business revenue, sales, or lead-generation results.

• Guaranteed Google search rankings or advertising performance.

• Guaranteed message delivery, read rates, or customer engagement.

• Uninterrupted operation of third-party platforms.

• Error-free performance of software or integrations.

• Specific marketing or campaign outcomes.

12.4. Digital marketing performance may depend on market conditions, competition, advertising budgets, audience behaviour, platform algorithms, website quality, and other factors outside our control.

12.5. Software performance and integration outcomes may depend on third-party systems, infrastructure, customer requirements, and technical dependencies.

12.6. We do not provide legal, financial, regulatory, or compliance advice unless expressly agreed as part of a separate professional engagement.

13. Limitation of Liability

13.1. To the maximum extent permitted by applicable law, Indiburg Technologies will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages.

13.2. This includes, without limitation:

• Loss of business opportunities.

• Loss of anticipated profits or revenue.

• Loss of goodwill or reputation.

• Loss of data or business information.

• Campaign performance or advertising expenditure losses.

• Third-party network or platform failures.

• Business interruptions arising from external service providers.

13.3. Indiburg’s aggregate liability arising out of or relating to a particular service will be limited to the fees actually paid by the customer for that service during the twelve (12) months immediately preceding the event giving rise to the claim, to the extent permitted by applicable law.

13.4. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

13.5. Any additional liability arrangements agreed under a signed MSA, SLA, or other written contract will prevail for the relevant services.

14. Indemnification

You agree to indemnify, defend, and hold harmless Indiburg Technologies, its affiliates, directors, employees, representatives, and service partners against third-party claims, damages, losses, liabilities, and reasonable legal expenses arising from:

14.1. Your misuse of our website, software, APIs, or communication services.

14.2. Your violation of these Terms or applicable laws.

14.3. Unauthorised, unlawful, or unsolicited communications sent through our services.

14.4. Your failure to obtain required recipient consent or permissions.

14.5. Customer Content that infringes the intellectual property, privacy, or other legal rights of third parties.

14.6. Your violation of third-party platform policies or contractual obligations.

15. Suspension and Termination

15.1. These Terms remain effective for as long as you access or use our website or services.

15.2. You may discontinue using our website or request termination of a service in accordance with the applicable commercial agreement.

15.3. Indiburg may suspend, restrict, or terminate access to services where:

• You breach these Terms.

• Payments remain overdue.

• Fraudulent or unlawful activities are suspected.

• Your use creates security or operational risks.

• A third-party platform requires suspension.

• We are required to do so by law or a competent authority.

15.4. Where reasonably practicable, we will provide prior notice before suspension or termination, except in urgent security, legal, or compliance situations.

15.5. Upon termination, your right to access the relevant services will cease, subject to any agreed transition or data-export arrangements.

15.6. Outstanding payment obligations and provisions relating to intellectual property, confidentiality, indemnification, liability, and dispute resolution will survive termination.

16. Force Majeure

Indiburg will not be held liable for delays or failures in performing its obligations where such failures result from circumstances beyond our reasonable control, including:

• Natural disasters, floods, earthquakes, or fires.

• Government restrictions or regulatory changes.

• Internet, telecom, or power outages.

• Cyberattacks and widespread security incidents.

• Cloud infrastructure or third-party provider failures.

• War, civil unrest, strikes, or other extraordinary events.

We will make reasonable efforts to minimise disruption and resume affected services when practicable.

17. Changes to These Terms

17.1. Indiburg reserves the right to modify or update these Terms from time to time.

17.2. Updated Terms will be published on our website with a revised “Last Updated” date.

17.3. Material changes may also be communicated through email or other appropriate channels where practicable.

17.4. Your continued use of our website or services after the updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

18. Governing Law and Dispute Resolution

18.1. These Terms will be governed by and interpreted in accordance with the laws of India.

18.2. The parties will first attempt to resolve disputes through good-faith discussions and mutual negotiations.

18.3. If a dispute cannot be resolved amicably, it will be subject to the jurisdiction of the competent courts at Thane, Maharashtra, India, subject to applicable law and any separate written dispute-resolution agreement.

18.4. Nothing in this section prevents either party from seeking appropriate legal remedies from a competent court where necessary.

19. General Provisions

19.1. Entire Agreement: These Terms, together with the applicable Privacy Policy, service-specific policies, proposals, and signed agreements, constitute the agreement governing your use of our services.

19.2. Severability: If any provision is found invalid or unenforceable, the remaining provisions will continue in effect.

19.3. No Waiver: Failure to enforce any provision does not constitute a waiver of our rights.

19.4. Assignment: You may not transfer your rights or obligations under these Terms without our prior written consent. Indiburg may assign its rights and obligations to an affiliate or successor, subject to applicable law.

19.5. Independent Parties: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

19.6. Electronic Communications: You agree that notices, invoices, service updates, and contractual communications may be provided electronically.

19.7. Precedence: Where these Terms conflict with a signed Master Service Agreement, Statement of Work, or other applicable written agreement, the signed agreement will prevail for the relevant services.

20. Contact Information

For questions, clarifications, service-related concerns, or legal enquiries regarding these Terms of Service, please contact us:

Indiburg Technologies

Address: M/06, 1st Floor, Oasis Arcade, Thane, Maharashtra, India.

General Inquiries: info@indiburg.com
Sales Inquiries: sales@indiburg.com

Website: https://indiburg.com

By accessing our website or using our services, you acknowledge that you have read and agreed to these Terms of Service.