Terms of Service

1. Acceptance and Scope

These Terms apply to all users of the Spiralreach website and to all clients, prospects, and partners interacting with us in relation to digital marketing services. These Terms apply in addition to any proposal, statement of work, master service agreement, data processing addendum, or other signed contract.

Where a signed commercial agreement exists, that agreement controls for matters expressly addressed there. For any matter not addressed in the signed agreement, these Terms apply.

2. Eligibility and Authority

By using our website or engaging our services, you represent that you are at least the age of majority in your jurisdiction and are legally capable of entering into binding contracts.

If you are entering into these Terms on behalf of a company or organization, you represent that you have authority to bind that entity. In that case, "you" includes both you and that entity.

3. Services and Commercial Agreements

Spiralreach provides strategic, creative, technical, and performance marketing services, including but not limited to social media management, paid advertising, SEO, content marketing, web development, analytics, and campaign optimization.

Service scope, deliverables, timelines, budgets, milestones, and fees are defined in project-specific commercial documents. Any deliverable not expressly listed in the relevant agreement is outside scope and may require a change order.

4. No Guaranteed Outcomes

You acknowledge that marketing performance depends on multiple external factors, including market dynamics, competitor behavior, platform algorithm changes, seasonality, offer quality, pricing, and operational execution on the client side.

Unless explicitly committed in writing in a signed agreement, Spiralreach does not guarantee any specific ranking position, lead volume, conversion rate, revenue level, return on ad spend, or business outcome.

5. Client Obligations and Cooperation

You agree to provide accurate information, timely approvals, lawful account access, and all materials required for project execution. You are responsible for the legality, accuracy, and completeness of data and assets supplied to Spiralreach.

Delays caused by missing information, unavailable stakeholders, restricted access, or late approvals may affect deadlines and outcomes. Spiralreach is not liable for delays resulting from client-side dependencies.

6. Fees, Billing, and Payment Terms

Fees, invoicing schedules, payment due dates, and tax obligations are defined in the applicable commercial agreement. Unless otherwise specified, all payments are due by the invoice due date.

If payment is delayed, Spiralreach may suspend work, withhold deliverables, or revise timelines until outstanding dues are cleared. Any statutory taxes, platform fees, or bank transfer charges are payable by the client unless explicitly included.

7. Third-Party Platforms and Ad Spend

Services may involve third-party tools and platforms, including advertising networks, analytics services, social media channels, email systems, CRM products, and hosting providers. You are responsible for maintaining valid platform accounts and complying with their terms.

Unless specifically agreed otherwise, media spend, software subscriptions, and third-party platform charges are billed separately from agency fees. Spiralreach is not responsible for third-party outages, account restrictions, policy actions, or unilateral platform changes.

8. Intellectual Property Rights

Each party retains ownership of all pre-existing intellectual property owned by that party. Spiralreach retains ownership of its proprietary processes, frameworks, templates, software, scripts, methodologies, and know-how used in service delivery.

Ownership and usage rights in final deliverables are governed by the applicable signed commercial agreement and become effective upon full payment of all undisputed invoices, unless otherwise agreed in writing.

9. License to Client Materials

You grant Spiralreach a non-exclusive, royalty-free license to use your trademarks, brand assets, creative materials, and content solely for the purpose of performing the contracted services during the engagement period.

You represent that you have the rights necessary to provide such materials and that their use does not infringe third-party rights or violate applicable laws.

10. Confidentiality

Each party agrees to protect confidential information received from the other party and to use such information only as needed to perform obligations under the engagement.

Confidential information must not be disclosed to unauthorized persons, except where required by law, court order, or regulatory process. Confidentiality obligations survive termination of the commercial relationship.

11. Data Protection and Privacy

Processing of personal data is governed by our Privacy Policy and, where applicable, contractual data processing terms. Clients remain responsible for obtaining lawful consent, providing notices, and establishing legal basis for personal data submitted to Spiralreach.

Spiralreach will implement commercially reasonable safeguards to protect personal information handled in the course of service delivery.

12. Acceptable Website Use

You agree not to use the website in any way that is unlawful, fraudulent, abusive, or harmful. Prohibited activities include unauthorized system access, malware distribution, denial-of-service behavior, scraping beyond permitted use, and infringement of intellectual property rights.

13. Disclaimers

To the maximum extent permitted by law, the website and services are provided on an "as is" and "as available" basis. Spiralreach disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent such disclaimers are prohibited by law.

14. Limitation of Liability

To the maximum extent permitted by law, Spiralreach shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, revenue, goodwill, data, or business opportunities, arising out of or related to these Terms.

Where liability cannot be excluded by law, Spiralreach's aggregate liability shall be limited to the fees actually paid to Spiralreach for the specific service giving rise to the claim during the preceding three months, unless a different cap is specified in the signed agreement.

15. Indemnification

You agree to defend, indemnify, and hold harmless Spiralreach, its affiliates, directors, officers, employees, and contractors from and against claims, liabilities, losses, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of services, or violation of applicable law or third-party rights.

16. Term, Suspension, and Termination

These Terms remain in effect while you use the website or maintain an active engagement with Spiralreach. We may suspend or terminate access where required to address security, non-payment, legal non-compliance, or material breach of contract.

Upon termination, all outstanding payment obligations survive, and each party must return, delete, or securely retain records as required by law and contract.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, unless otherwise specified in a signed agreement. Parties agree to first attempt good-faith resolution of disputes through written notice and discussion before initiating formal proceedings.

Subject to applicable law, courts with competent jurisdiction in India shall have authority over disputes arising out of or related to these Terms.