Terms of Service
Welcome to Pinezon! These Terms of Service ("Terms") govern your access to and use of the services provided by Pinezon Private Limited ("Pinezon," "we," "us," or "our"), including our website pinezon.com and all related marketing services.
By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our services.
1. Acceptance of Terms
By creating an account, signing a service agreement, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy.
These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Pinezon.
2. Services Provided
Pinezon offers AI-powered marketing services, including but not limited to:
- Performance Marketing (Google Ads, Meta Ads, YouTube Ads, etc.)
- Influencer & Creator Marketing
- Brand Strategy & Identity Development
- Offline & Out-of-Home (OOH) Marketing
- Growth Automation & CRM Integration
- Social Media Management & Content Creation
The specific services, deliverables, timelines, and pricing will be outlined in a separate Service Agreement or Statement of Work (SOW) signed by both parties.
3. Eligibility
To use our services, you must:
- Be at least 18 years of age
- Have the legal authority to enter into a binding contract
- Represent a legitimate business or organization
- Provide accurate and complete information during registration
We reserve the right to refuse service to anyone at our sole discretion.
4. Account Registration
4.1 Account Creation
To access certain services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your login credentials confidential
- Notify us immediately of any unauthorized access
4.2 Account Responsibility
You are responsible for all activities that occur under your account. Pinezon is not liable for any loss or damage arising from unauthorized use of your account.
5. Service Agreement & Payment Terms
5.1 Service Plans
We offer various service plans (Starter, Growth, Scale, Enterprise) with different pricing and features. The specific terms, deliverables, and pricing will be outlined in your Service Agreement.
5.2 Payment
- Service Fees: Monthly retainer fees are due at the beginning of each billing cycle.
- Ad Spend: Advertising budgets are separate from service fees and are paid directly to ad platforms (Google, Meta, etc.) or managed by Pinezon on your behalf.
- Payment Methods: We accept bank transfers (NEFT/RTGS/IMPS), UPI, credit cards, and other approved payment methods.
- Late Payments: Overdue payments may result in service suspension and late fees as specified in your Service Agreement.
5.3 Refund Policy
Service fees are non-refundable once work has commenced. Ad spend budgets are non-refundable as they are paid directly to third-party platforms. Refund requests will be evaluated on a case-by-case basis.
6. Client Responsibilities
To ensure successful service delivery, you agree to:
- Provide timely access to necessary accounts, assets, and information
- Respond to requests for feedback, approvals, and revisions within agreed timelines
- Ensure all provided content complies with applicable laws and regulations
- Grant Pinezon necessary permissions to manage campaigns on your behalf
- Pay all fees and expenses on time
Delays caused by client non-cooperation may result in project delays and additional fees.
7. Intellectual Property Rights
7.1 Client-Owned Content
You retain ownership of all content, materials, and assets you provide to Pinezon (e.g., logos, product images, brand guidelines). By providing such content, you grant Pinezon a non-exclusive, worldwide license to use, reproduce, and modify the content solely for the purpose of delivering our services.
7.2 Pinezon-Created Content
Upon full payment, you will own all custom creative assets (e.g., ad copy, graphics, videos) created specifically for your campaigns. However, Pinezon retains ownership of:
- Proprietary AI algorithms, tools, and methodologies
- Templates, frameworks, and processes
- Analytics dashboards and reporting tools
7.3 Portfolio Use
Pinezon reserves the right to showcase your campaigns, results, and testimonials in our portfolio, case studies, and marketing materials, unless otherwise agreed in writing.
8. Confidentiality
Both parties agree to keep confidential all non-public information disclosed during the course of the engagement, including:
- Business strategies and marketing plans
- Financial information and pricing
- Proprietary data and trade secrets
- Campaign performance metrics
This obligation survives the termination of the service agreement.
9. Service Level & Performance
9.1 Best Efforts
Pinezon will use commercially reasonable efforts to deliver services in accordance with industry standards. However, we do not guarantee specific results, ROI, or performance metrics, as marketing outcomes depend on various factors beyond our control.
9.2 Third-Party Platforms
Our services rely on third-party platforms (Google, Meta, YouTube, etc.). We are not responsible for platform outages, policy changes, account suspensions, or other issues beyond our control.
9.3 Reporting & Analytics
We provide regular performance reports and analytics dashboards. However, data accuracy depends on third-party tracking tools and may be subject to discrepancies.
10. Term & Termination
10.1 Service Term
Services are provided on a month-to-month basis unless otherwise specified in your Service Agreement. Either party may terminate the agreement with 30 days' written notice.
10.2 Termination for Cause
Either party may terminate immediately if the other party:
- Breaches any material term of the agreement
- Fails to make payment within 15 days of the due date
- Engages in fraudulent or illegal activities
10.3 Effect of Termination
Upon termination:
- All outstanding fees become immediately due
- Pinezon will cease all active campaigns and services
- You will receive final reports and access to campaign data
- Confidentiality obligations remain in effect
11. Limitation of Liability
To the maximum extent permitted by law:
- Pinezon's total liability for any claim arising from our services shall not exceed the total fees paid by you in the 12 months preceding the claim.
- Pinezon is not liable for indirect, incidental, consequential, or punitive damages, including lost profits, revenue, or business opportunities.
- Pinezon is not responsible for losses caused by third-party platforms, client errors, or factors beyond our reasonable control.
12. Indemnification
You agree to indemnify and hold harmless Pinezon, its officers, employees, and agents from any claims, damages, or expenses arising from:
- Your breach of these Terms
- Your violation of any law or third-party rights
- Content or materials you provide to us
- Your use of our services
13. Prohibited Activities
You agree not to:
- Use our services for illegal, fraudulent, or unethical purposes
- Promote prohibited products (e.g., drugs, weapons, adult content)
- Violate platform policies (Google Ads, Meta Ads, etc.)
- Engage in spamming, phishing, or deceptive practices
- Reverse-engineer or copy our proprietary tools and methodologies
- Interfere with or disrupt our services or systems
Violation of these terms may result in immediate termination and legal action.
14. Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.
14.2 Arbitration
Any disputes arising from these Terms or our services shall first be resolved through good-faith negotiation. If unresolved, disputes shall be settled through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the updated Terms.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with your Service Agreement and our Privacy Policy, constitute the entire agreement between you and Pinezon.
16.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms without our prior written consent. Pinezon may assign these Terms to any successor or affiliate.
17. Contact Us
If you have any questions or concerns about these Terms, please contact us:
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