Terms and Conditions

1. Introduction

Welcome to KnownClick (https://knownclick.com), operated by Known Click Technologies Private Limited (CIN: U62090GJ2025PTC164167) ("Company", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, products, and all related platforms.

By accessing our website or engaging our services, you ("Client", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must discontinue use of our website and services immediately.

These Terms constitute a legally binding agreement between you and Known Click Technologies Private Limited. We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. Continued use of our website or services following any changes constitutes acceptance of those changes.

2. Definitions

• "Services" refers to all digital services offered by KnownClick, including but not limited to web design and development, ecommerce development, landing page design, custom software development, brand identity and design, paid ads management, ad creatives, maintenance and hosting, and any other services described on our website or agreed upon in a separate proposal or contract.
• "Products" refers to any software products, tools, or applications developed and offered by KnownClick, including any current and future product offerings.
• "Website" refers to the KnownClick website accessible at https://knownclick.com and all its subdomains, pages, and content.
• "Content" refers to all text, images, graphics, videos, code, data, and other materials displayed on or accessible through the Website.
• "Deliverables" refers to the specific outputs, designs, code, assets, or other materials produced by KnownClick as part of the Services.
• "Third-Party Services" refers to external platforms, tools, APIs, and services integrated with or recommended by KnownClick, including but not limited to Google Ads, Google Analytics, Meta Ads (Facebook/Instagram), YouTube Ads, payment gateways, hosting providers, and analytics tools.

3. Services

3.1 Scope of Services

KnownClick provides digital services including but not limited to web design and development, ecommerce development, landing page design, custom software development, brand identity and design, paid advertising management (Google Ads, Meta Ads, YouTube Ads, and other platforms), ad creative production, website maintenance, hosting, and related digital services.

The specific scope, deliverables, timeline, and pricing for each engagement shall be outlined in a separate proposal, quote, or statement of work ("SOW") agreed upon by both parties prior to the commencement of work.

3.2 Best Effort Commitment

KnownClick commits to providing all services with the highest level of professionalism, skill, and diligence. We endeavor to deliver exceptional results and exceed client expectations. However, all services are provided on a "best effort" basis. We strive to achieve the desired outcomes discussed during the project planning phase, but we do not guarantee specific results, rankings, traffic volumes, conversion rates, revenue figures, or any particular business outcome.

The nature of digital services, search engine algorithms, advertising platform policies, market conditions, and consumer behavior are inherently unpredictable and beyond our control. Results may vary based on numerous factors including but not limited to industry competition, market conditions, client-provided content, budget allocation, and external economic factors.

3.3 Advertising and Marketing Services

For paid advertising management services (including Google Ads, Meta Ads, YouTube Ads, and other advertising platforms), the Client acknowledges and agrees that:

• Ad spend budgets are paid directly by the Client to the respective advertising platform(s). KnownClick does not receive or manage advertising budgets unless explicitly agreed upon in writing.
• We do not guarantee specific click-through rates (CTR), cost-per-click (CPC), cost-per-acquisition (CPA), return on ad spend (ROAS), impressions, conversions, or any other advertising metric.
• Advertising platform policies, algorithms, and features are subject to change without notice by the respective platforms (Google, Meta, etc.), which may impact campaign performance.
• The Client is responsible for ensuring that their products, services, and business practices comply with all applicable advertising platform policies and regulations.
• Campaign performance data and analytics are provided based on data from third-party platforms and may contain discrepancies or delays inherent to those platforms.

3.4 Client Responsibilities

The Client agrees to:

• Provide timely and accurate information, content, assets, and feedback as required for the completion of services.
• Grant necessary access to platforms, accounts, and systems required for service delivery.
• Review and approve deliverables within the agreed-upon timelines. Delays in client feedback or approval may result in project timeline extensions.
• Ensure all content, materials, and information provided to KnownClick are accurate, lawful, and do not infringe upon any third-party intellectual property rights.
• Maintain the confidentiality of any account credentials shared with KnownClick.

4. Payments and Billing

Payment terms, amounts, schedules, and methods shall be outlined in the project proposal or SOW. Unless otherwise agreed:

• A non-refundable deposit (typically 50% of the project total) is required before work commences.
• Remaining payments are due upon completion of agreed-upon milestones or upon project delivery.
• Recurring services (maintenance, hosting, ads management) are billed monthly or annually as agreed.
• Late payments may incur a fee of 1.5% per month on outstanding balances.
• KnownClick reserves the right to pause or suspend services for overdue accounts exceeding 15 days past the due date.
• All prices are quoted in Indian Rupees (INR) unless otherwise specified. Applicable taxes (GST) will be added to all invoices.

5. Intellectual Property

5.1 Ownership of Deliverables

Upon full and final payment, the Client receives ownership of the custom deliverables specifically created for their project, including custom designs, custom code, and brand assets created exclusively for the Client.

5.2 KnownClick Retained Rights

KnownClick retains all rights to:

• Pre-existing code, frameworks, templates, libraries, and tools used in the creation of Deliverables.
• General knowledge, techniques, methodologies, and processes developed or utilized during the engagement.
• The right to showcase completed work in our portfolio, case studies, and marketing materials unless the Client requests confidentiality in writing.
• Any proprietary tools, software, or products developed by KnownClick.

5.3 Third-Party Assets

Deliverables may include third-party assets such as stock images, fonts, plugins, or libraries that are subject to their own licensing terms. The Client is responsible for maintaining valid licenses for any third-party assets used in their project. KnownClick will inform the Client of any third-party licensing requirements.

5.4 Client Content

The Client retains full ownership of all content, data, trademarks, and materials provided to KnownClick for use in the project. The Client grants KnownClick a limited, non-exclusive license to use such materials solely for the purpose of providing the Services.

6. Limitation of Liability

6.1 No Guarantee of Results

KnownClick provides all services on a "best effort" basis and makes no warranties, express or implied, regarding the outcome of any services provided. This includes but is not limited to:

• Search engine rankings, organic traffic, or SEO performance
• Advertising campaign performance, including impressions, clicks, conversions, or ROAS
• Website traffic volumes, user engagement metrics, or conversion rates
• Revenue, sales, leads, or any specific business outcomes
• Uptime guarantees beyond commercially reasonable efforts
• Compatibility with future browser updates, platform changes, or third-party service modifications

6.2 Limitation of Damages

To the maximum extent permitted by applicable law, KnownClick, its directors, employees, partners, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings
• Business interruption or loss of business
• Cost of procurement of substitute services
• Any damages arising from unauthorized access to or alteration of your data or transmissions
• Any damages arising from third-party actions, services, or platform changes
• Any damages arising from force majeure events, including but not limited to natural disasters, pandemics, government actions, or infrastructure failures

To the fullest extent permitted by law, KnownClick shall have no liability whatsoever for any claims, damages, or losses arising out of or related to these Terms or the Services.

6.3 Third-Party Services Disclaimer

KnownClick integrates with and utilizes various third-party services, platforms, and tools (including but not limited to Google Ads, Google Analytics, Meta Ads, YouTube, Shopify, hosting providers, payment gateways, and analytics platforms). KnownClick is not responsible for the actions, policies, uptime, accuracy, or performance of any third-party service. The Client acknowledges that third-party services are subject to their own terms of service and privacy policies.

6.4 Website and Software Disclaimer

All websites, applications, and software developed by KnownClick are provided "as is" and "as available." While we take every reasonable measure to ensure quality and security, we do not warrant that the Deliverables will be free from bugs, errors, vulnerabilities, or interruptions. The Client is responsible for maintaining appropriate backups, security measures, and insurance for their digital assets.

7. Indemnification

The Client agrees to indemnify, defend, and hold harmless KnownClick and its directors, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• The Client's use of our Services or Deliverables
• Content, materials, or information provided by the Client
• The Client's violation of these Terms or any applicable law or regulation
• Any claim that Client-provided content infringes upon the intellectual property or other rights of any third party
• The Client's products, services, or business practices
• Any unauthorized use or misuse of the Deliverables

8. Acceptable Use Policy

8.1 Prohibited Content and Activities

KnownClick strictly prohibits the use of our services, platforms, and deliverables for any of the following:

• Adult or sexually explicit content: We do not design, develop, host, or manage websites, applications, or campaigns containing pornographic, sexually explicit, or adult-oriented content of any kind.
• Illegal activities: Any activities that violate local, state, national, or international laws or regulations, including but not limited to fraud, money laundering, drug trafficking, weapons sales, or any other criminal activity.
• Harmful or malicious content: Content that promotes violence, terrorism, hate speech, discrimination, harassment, or any form of abuse against individuals or groups.
• Deceptive practices: Phishing, scams, misleading advertising, counterfeit goods, pyramid schemes, or any form of consumer fraud.
• Intellectual property infringement: Content that violates copyrights, trademarks, patents, or other intellectual property rights of third parties.
• Malware and hacking: Distribution of viruses, malware, spyware, ransomware, or any software designed to damage, disrupt, or gain unauthorized access to systems.
• Spam and unsolicited communications: Use of our services to send unsolicited bulk emails, messages, or communications in violation of anti-spam laws.
• Gambling: Unlicensed gambling, betting, or casino-related activities where prohibited by law.

8.2 Right to Refuse and Terminate

KnownClick reserves the unconditional right to refuse, suspend, or terminate services to any Client whose content, business, or practices fall within the prohibited categories listed above. In such cases, any fees already paid are non-refundable, and the Client shall remain liable for any outstanding payments.

8.3 Website Use

When using our website, you agree not to:

• Attempt to gain unauthorized access to any part of the website, server, or database
• Use automated scripts, bots, or scrapers to collect data from the website
• Interfere with or disrupt the website's functionality or infrastructure
• Reproduce, distribute, or create derivative works from our website content without prior written consent
• Use the website for any purpose that is unlawful or prohibited by these Terms

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary, sensitive, or non-public information shared during the course of the engagement. This includes but is not limited to business strategies, customer data, financial information, trade secrets, and technical specifications.

Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or to authorized employees, contractors, or agents who need access to perform the services.

This confidentiality obligation survives the termination of any engagement between the parties for a period of two (2) years.

10. Termination

10.1 Termination by Client

The Client may terminate an ongoing service engagement by providing written notice (email is acceptable) at least 15 days before the next billing cycle. The Client shall be responsible for payment of all services rendered up to and including the effective date of termination.

10.2 Termination by KnownClick

KnownClick may terminate or suspend services immediately, without prior notice, if:

• The Client breaches any provision of these Terms
• The Client engages in prohibited activities as outlined in Section 8
• Payment is overdue by more than 30 days
• Continued provision of services would expose KnownClick to legal liability
• The Client becomes insolvent or enters bankruptcy proceedings

10.3 Effect of Termination

Upon termination, KnownClick will deliver all completed Deliverables for which payment has been received. Access to ongoing services (hosting, maintenance, advertising accounts managed by KnownClick) will be transitioned or terminated as applicable. KnownClick will cooperate in a reasonable transition period of up to 15 days.

11. Dispute Resolution

Any disputes arising out of or in connection with these Terms or our Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be referred to mediation or arbitration under the Arbitration and Conciliation Act, 1996 of India.

The arbitration shall be conducted in Ahmedabad, Gujarat, India, in the English language. The decision of the arbitrator(s) shall be final and binding on both parties.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any legal proceedings arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts in Ahmedabad, Gujarat, India.

13. Analytics, Tracking, and Advertising

By using our website, you acknowledge and agree that:

• We use analytics tools (including Google Analytics, Google Tag Manager, and similar services) to collect anonymous usage data about website visitors, including page views, session duration, traffic sources, device information, and user interactions.
• We use advertising tracking technologies (including Google Ads conversion tracking, Meta Pixel, and similar tools) to measure the effectiveness of our advertising campaigns and provide relevant advertising experiences.
• Cookies and similar tracking technologies are used on our website as described in our Privacy Policy.
• We may use remarketing and retargeting technologies to display relevant advertisements to website visitors on third-party platforms.
• Analytics data may be shared with third-party service providers (such as Google and Meta) in accordance with their respective terms of service and privacy policies.

14. Disclaimer of Warranties

THE WEBSITE, SERVICES, AND ALL RELATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. KnownClick specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. No advice or information obtained from KnownClick or through the Services shall create any warranty not expressly stated in these Terms.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with any project proposals, SOWs, and our Privacy Policy, constitute the entire agreement between you and KnownClick regarding the subject matter herein and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

15.3 Waiver

The failure of KnownClick to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of KnownClick.

15.4 Assignment

The Client may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of KnownClick. KnownClick may assign these Terms to any successor-in-interest or affiliate without consent.

15.5 Force Majeure

KnownClick shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, wars, terrorism, pandemics, government actions, infrastructure failures, power outages, internet disruptions, or third-party service outages.

15.6 Notices

All notices and communications under these Terms shall be sent to:

Known Click Technologies Private Limited
CIN: U62090GJ2025PTC164167
Email: hiral@knownclick.com
Phone: +91 927 450 7575