Terms of Service

Acceptance of Terms

By accessing or using the TruCliks website (trucliks.com) or engaging TruCliks Performance Marketing ("TruCliks", "we", "us", "our") for any services, you agree to be bound by these Terms of Service and our Privacy Policy.

These terms apply to (a) all visitors and users of our website, and (b) all clients who engage TruCliks for marketing services under a separate Service Agreement. In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement takes precedence.

Our Services

TruCliks provides performance marketing services including, but not limited to:

• Search engine optimisation (SEO) and content marketing
• Paid media management (Google Ads, Meta Ads, LinkedIn Ads, YouTube Ads)
• Influencer marketing and creator partnerships
• Conversion rate optimisation (CRO) and landing page design
• Affiliate program management and publisher recruitment
• Email marketing, WhatsApp, and SMS campaign management
• Media buying across OTT, programmatic, and DOOH channels
• Analytics, attribution, and marketing reporting

The specific scope, deliverables, timelines, and fees for your engagement are defined in a separate Service Agreement or Statement of Work ("SOW") executed between you and TruCliks.

Client Obligations

To enable TruCliks to deliver services effectively, you agree to:

• Provide accurate, complete, and up-to-date information about your business, products, and target audience
• Grant timely access to necessary accounts, platforms, and assets (ad accounts, analytics, website CMS, etc.)
• Provide feedback and approvals within agreed timelines — delays may push back campaign launch or deliverable dates
• Ensure that all materials, content, and information you supply do not infringe any third-party intellectual property rights or violate applicable laws
• Comply with the advertising policies of all platforms on which TruCliks manages campaigns on your behalf
• Designate a primary point of contact with authority to make decisions about the engagement
• Pay invoices in accordance with the payment terms in your Service Agreement

Payment Terms

Payment terms are specified in your Service Agreement. General terms applicable to all engagements:

• Invoices are due within 15 days of issue unless otherwise agreed in writing
• Late payments accrue interest at 1.5% per month (18% per annum) on the outstanding balance
• TruCliks reserves the right to pause or suspend services on accounts with invoices outstanding beyond 30 days
• Ad spend and third-party platform costs are billed separately and are not included in management fees unless explicitly stated in your SOW
• All fees are exclusive of applicable taxes (GST or other taxes as applicable). Taxes will be added to invoices as required by law
• Fees paid for completed work are non-refundable unless TruCliks has materially failed to deliver the agreed scope

Intellectual Property

Client-owned assets

All pre-existing materials, trademarks, brand assets, and content you provide to TruCliks remain your property. You grant TruCliks a limited, non-exclusive licence to use these materials solely for the purpose of delivering your contracted services.

Work product

Upon receipt of full payment for the relevant deliverable, all original creative work, copy, strategies, and reports produced specifically for your engagement ("Work Product") become your property. TruCliks retains the right to use anonymised performance data and aggregate learnings for internal purposes and industry benchmarking.

TruCliks intellectual property

Our proprietary methodologies, frameworks, tools, templates, and the TruCliks brand (including this website) remain the exclusive property of TruCliks. You may not reproduce, distribute, or create derivative works from our proprietary materials without our prior written consent.

Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement ("Confidential Information"). Confidential Information includes business strategies, financial data, client lists, campaign performance data, and technical information.

• Neither party shall disclose Confidential Information to third parties without the other's written consent
• Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law
• Confidentiality obligations survive termination of the engagement for a period of 3 years

TruCliks may reference you as a client for portfolio or marketing purposes (e.g., on our website or in case studies) unless you explicitly request otherwise in writing.

Results Disclaimer

TruCliks will use commercially reasonable efforts and industry best practices to achieve the objectives set out in your Service Agreement. However, we do not guarantee specific outcomes including but not limited to:

• A specific return on ad spend (ROAS) or return on investment (ROI)
• Specific search engine rankings or organic traffic levels
• A specific number of leads, conversions, or revenue generated
• Performance of influencer or affiliate partners

Results depend on numerous factors outside our control, including market conditions, competitor activity, platform algorithm changes, product-market fit, and your website's performance.

Limitation of Liability

To the maximum extent permitted by applicable law:

• TruCliks's total liability to you for any claim arising from or related to these terms or our services shall not exceed the total fees paid by you to TruCliks in the three months preceding the claim
• TruCliks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages
• TruCliks shall not be liable for losses arising from third-party platform outages, policy changes, or actions taken by advertising platforms (Google, Meta, etc.) that affect your campaigns
• TruCliks shall not be liable for the actions or performance of influencers, affiliates, or publishers introduced through our network

Termination

Either party may terminate the engagement by providing written notice in accordance with the notice period specified in your Service Agreement (typically 30 days). Upon termination:

• You remain liable for all fees for services rendered up to the termination date
• TruCliks will provide reasonable cooperation to transition your campaigns and accounts back to you or a new agency
• Each party will return or destroy the other's Confidential Information upon request
• Provisions relating to payment, intellectual property, confidentiality, limitation of liability, and governing law survive termination

TruCliks may terminate immediately without notice if you breach these terms, fail to pay invoices beyond 30 days, or engage in fraudulent or illegal activity.

Governing Law & Disputes

These Terms of Service are governed by the laws of India. Any disputes arising from or related to these terms or our services shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for at least 30 days. If unresolved, disputes may be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (India) at either party's option.

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