Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you”, “your”, or the “Customer”) and ADSCRUSH MARKETING PRIVATE LIMITED (CIN: U74999DL2020PTC372599), a company incorporated under the laws of India with its registered office at New Delhi, India (“AdsCrush”, “we”, “us”, or “our”), governing your access to and use of the AdsCrush platform (the “Services”).

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not access or use the Services.

• “Services” means the AdsCrush conversion tracking, performance marketing, and analytics platform made available at app.adscrush.com, including the web application, the API, the tracking endpoints, and any related software, documentation, and features.
• “Customer Data” means the data you submit, upload, or transmit through the Services, including campaign settings, click, conversion, and lead records, payouts, and configuration.
• “Content” means all text, graphics, images, trademarks, and other materials provided by AdsCrush as part of the Services.
• “User” means an individual authorised by you to access the Services under your account, including administrators, employees, and media buyers.

You must be at least 18 years old and capable of entering into a binding contract to use the Services. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials.

You agree to provide accurate, current, and complete information during registration and to keep it updated. We may suspend or terminate accounts that contain false information or that we believe present a security or compliance risk.

Subject to your compliance with these Terms and payment of any applicable fees, AdsCrush grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for your internal business purposes during the term of your subscription.

Unless expressly permitted in writing, you may not: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble the Services; (c) resell, sublicense, rent, or lease the Services; (d) use the Services to build a competing product; or (e) remove or obscure any proprietary notices.

• Comply with all applicable laws and regulations, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 and rules thereunder.
• Ensure you have all necessary rights, consents, and legal bases to provide Customer Data to us and to use the Services for your intended purposes.
• Not interfere with, disrupt, or impose an unreasonable load on the Services or any third party's use of them.
• Not attempt to gain unauthorised access to the Services, other users' accounts, or our systems and networks.
• Not use the Services to send spam, fraud, phishing, or malicious traffic, or to process data in violation of applicable law.

You may not use the Services to engage in any activity that is unlawful, fraudulent, or harmful, including without limitation:

• Processing payout or revenue data in a misleading manner;
• Tracking or processing data from deceptive or fraudulent traffic;
• Storing or transmitting content that infringes third-party intellectual property rights;
• Distributing malware, viruses, or other harmful code; or
• Harassing, abusing, or harming another person or violating their privacy rights.

We reserve the right to suspend or terminate access to the Services for violations of this Section 6.

Fees for the Services, if any, shall be as set out in your order or subscription agreement with AdsCrush. Unless otherwise agreed, fees are payable in advance and are non-refundable except as expressly stated in these Terms or required by law.

We may change fees for the Services upon reasonable prior notice. If you do not agree to a fee change, you may cancel your subscription before the change takes effect.

As between you and AdsCrush, AdsCrush (and its licensors) owns all right, title, and interest in and to the Services and Content, including all intellectual property rights therein, protected under the Indian Copyright Act, 1957 and the Indian Trade Marks Act, 1999, as applicable. You retain all rights in and to your Customer Data.

We welcome feedback, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use any feedback or suggestions you provide to improve the Services.

Each party agrees to keep confidential all non-public information disclosed by the other party that is marked confidential or that a reasonable person would understand to be confidential (including Customer Data and business terms), and to use such information only for the purpose of performing under these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and protect personal data. Where you use the Services to process personal data of end users (for example, leads or conversion records containing personal information), and you are a data fiduciary under the Digital Personal Data Protection Act, 2023, our Data Processing Agreement (the “DPA”) shall apply and is incorporated into these Terms by reference.

The Services may integrate with or rely on third-party services (such as hosting, CDN, email, and analytics providers). We are not responsible for the availability, security, or performance of third-party services, and your use of them may be subject to their own terms.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT CUSTOMER DATA WILL NOT BE LOST OR CORRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADSCRUSH, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ADSCRUSH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED THOUSAND INDIAN RUPEES (₹1,00,000), WHICHEVER IS GREATER.

You agree to indemnify, defend, and hold harmless AdsCrush and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Services; (b) your Customer Data; or (c) your violation of these Terms or applicable law.

These Terms commence on the date you first access the Services and continue until terminated. You may stop using the Services at any time. We may suspend or terminate your access to the Services: (a) for breach of these Terms; (b) if we are required to do so by law; or (c) upon thirty (30) days' notice for convenience.

Upon termination, your right to access the Services ceases, and we will delete or return your Customer Data in accordance with our data deletion practices set out in the Privacy Policy. Sections 8, 9, 12, 13, 14, 16, 17, and 18 shall survive termination.

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a notice in the Services, and update the “Last updated” date above. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. The Indian Contract Act, 1872, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 shall apply as relevant. Subject to Section 18, the courts at New Delhi, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Any dispute, controversy, or claim arising out of or relating to these Terms shall first be referred to good-faith negotiation between the parties for a period of thirty (30) days. Failing amicable resolution, the dispute shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed by the parties or, failing agreement, appointed in accordance with the Act. The seat and venue of arbitration shall be New Delhi, India, and the proceedings shall be conducted in English. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from the courts at New Delhi to protect its intellectual property, confidential information, or trade secrets.

Questions about these Terms may be directed to legal@adscrush.com. Grievances relating to the Services may be addressed to our Grievance Officer at grievance@adscrush.com, who will acknowledge and respond within the timelines prescribed by law.