Welcome to ODN Digital Services Private Limited (“Company”). These Terms and Conditions (“Terms”) govern your access to and use of our website locatedat https://odndigital.com (the “Website”), as well as any products, services, content,features, technologies, or functions offered by us through the Website or throughother channels. By accessing the Website or engaging with any of our services, youacknowledge that you have read, understood, and agreed to be legally bound bythese Terms. If you do not agree with these Terms in whole or in part, you must notuse the Website or any services offered by ODN Digital Services Private Limited.These Terms constitute a binding legal agreement between you (whether as anindividual or on behalf of an entity) and ODN Digital Services Private Limited, andare designed to ensure a clear understanding of the rights, obligations, andlimitations that govern your relationship with us. We recommend that you reviewthese Terms carefully before proceeding.
1.1. By accessing and using this Website, you represent and warrant that you are at least 18 years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding agreement. If you are accessing the Website on behalf of an organization, you represent that you have the authority to bind such entity to these Terms.
1.2. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal or internal business purposes only. This license does not include any resale or commercial use of the Website or its contents, or any derivative use of the Website or its contents.
1.3. You agree not to engage in any of the following prohibited activities:
1.3.1. Attempting to access any part of the Website, services, data, or systems not intended for you or logging into an account you are not authorized to access.
1.3.2. Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website.
1.3.3. Engaging in data mining, scraping, crawling, or using any automated means (including bots, spiders, or similar technologies) to access or gather data from the Website without our express written consent.
1.3.4. Uploading, sharing, or transmitting content that infringes upon any intellectual property rights or other rights of any third party.
1.3.5. Attempting to test, scan, or probe the vulnerability of the Website or any associated system or network or to breach security or authentication measures without proper authorization.
1.3.6. Uploading or transmitting any software or materials that contain viruses, malware, ransomware, or other harmful or destructive code.
1.3.7. Using the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
1.4. You are solely responsible for:
1.4.1. Ensuring that your access to and use of the Website complies with all applicable laws, regulations, and third-party agreements.
1.4.2. Maintaining the confidentiality of any account information, passwords, or access credentials associated with the Website.
1.4.3. All activities that occur under your account or credentials.
1.5. Company reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including but not limited to suspending or terminating the account of such users and reporting them to law enforcement authorities.
1.6. We reserve the right to modify, suspend, or discontinue the Website or any part thereof at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.
2.1. Company provides a range of professional digital services
2.2. The above list is indicative and non-exhaustive. The specific scope, deliverables, and timelines of any service engagement shall be mutually agreed upon through a separate proposal, statement of work, or service agreement (Project Agreement).
2.3. Access to the Website does not constitute an offer or guarantee of services. Submission of an inquiry or form via the Website does not create a client relationship or obligate Company to provide any services unless and until a formal Project Agreement is executed.
2.4. We reserve the right to accept or reject any project request at our sole discretion.
2.5. All engagements for services shall be governed by separate written agreements that outline the scope of work, fees, payment terms, timelines, intellectual property rights, confidentiality, and termination clauses. In the absence of such an agreement, no binding obligation shall arise.
2.6. While we endeavor to deliver all services with a high level of quality and professionalism, you acknowledge that:
2.6.1. Results may vary based on market conditions, platform changes, and other external factors;
2.6.2. Creative work is inherently subjective and may require iterations to meet expectations;
2.6.3. Certain services (e.g., ad campaigns, SEO, social media visibility) may not guarantee specific outcomes and are influenced by external algorithms or audience behavior;
2.6.4. We shall not be held responsible for performance metrics that depend on third-party platforms, tools, or unforeseen technical limitations.
2.7. Company reserves the right to engage subcontractors, freelancers, or third- party vendors for executing parts of the services. We may also use third-party software, plugins, or services (e.g., Google Ads, Facebook, web hosting platforms, analytics tools) as part of the deliverables.
2.8. Where applicable, you agree to abide by the terms and conditions of such third-party platforms, and you acknowledge that their availability and performance are outside our control.
3.1. All content on this Website—including but not limited to text, graphics, logos, designs, icons, images, audio clips, video material, digital downloads, data compilations, software, and code—is the property of Company or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights.
3.2. You may not reproduce, modify, distribute, display, republish, or transmit any part of the Website without the prior written consent of Company, except as expressly permitted under these Terms.
3.3. Where a project involves the use of third-party intellectual property (such as stock images, icons, fonts, software tools, APIs, or plugins), Company will either:
3.3.1. Use licensed materials and pass on the license rights to you (subject to those terms), or
3.3.2. Request that you procure the necessary licenses directly.
3.3.3. We shall not be liable for any infringement claims arising from your unauthorized use of such third-party elements beyond the agreed scope.
4.1. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Website by any third party. This includes, but is not limited to, conduct that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that may interfere with or disrupt the Website or services offered by Company.
4.2. By accessing or using this Website, you agree not to:
4.2.1. Impersonate any person or entity or misrepresent your affiliation with any individual or organization;
4.2.2. Use the Website to send spam, unsolicited communications, or promotional content without our express written consent;
4.2.3. Introduce viruses, malware, spyware, or other harmful code intended to damage or interfere with any system, data, or personal information;
4.2.4. Attempt to gain unauthorized access to any portion or feature of the Website, including user accounts, systems, networks, or data not intended for you;
4.2.5. Engage in any activity that could overburden or interfere with the functioning of the Website or our services;
4.2.6. Post or transmit content that infringes on any third party’s intellectual property rights, privacy rights, or publicity rights;
4.2.7. Harvest, scrape, or otherwise collect information (including email addresses) about other users or clients without their consent;
4.2.8. Use any automated systems (including robots, crawlers, or spiders) to access or interact with the Website without our prior written approval;
4.2.9. Engage in behavior that may reasonably be considered abusive, aggressive, or inappropriate when interacting with Company representatives or others on or through the Website.
4.3. You are responsible for ensuring that all communication you make through the Website (e.g., via forms, email submissions, or chat interfaces) is professional, respectful, and accurate. Any misuse of our communication systems, including sending misleading or abusive messages, may result in suspension of access or refusal of service.
4.4. Company reserves the right, but is not obligated, to monitor all user activity on the Website to ensure compliance with these Terms. We may, at our sole discretion, remove or disable access to any content or user interactions that we consider to be in violation of this clause or otherwise harmful to our
business, reputation, or users.
4.5. Violation of this User Conduct clause may result in the suspension or termination of your access to the Website, legal action, and/or reporting to the relevant authorities, where applicable.
Your use of the App is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.
6.1. Company reserves the right, in its sole discretion, to suspend or terminate your access to the Website and any related services at any time, without prior notice or liability, if we believe that:
6.1.1. You have breached these Terms and Conditions;
6.1.2. Your conduct is harmful to the interests of Company, other users, or third parties;
6.1.3. Your use of the Website may expose us to legal or regulatory liability; or
6.1.4. The Website or any of its features is being discontinued or fundamentally changed.
6.2. Upon such termination, your right to use the Website will immediately cease, and any data or content you may have submitted may be deleted at our discretion.
We have no obligation to monitor User Content and We are not responsible
for monitoring the Service for inappropriate or illegal User Content or conduct
by other players. That said, We have the right, in our sole discretion, to edit,
refuse to post, or remove any User Content.
8.1. To the maximum extent permitted by applicable law, Company, its directors, officers, employees, agents, affiliates, and subcontractors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenues, goodwill, data, or other intangible losses, arising out of or in connection with your:
8.1.1. Access to or use of (or inability to access or use) the Website;
8.1.2. Reliance on any content or information made available on or through the Website;
8.1.3. Engagement with Company for services, except as expressly stated in a written and signed agreement;
8.1.4. Unauthorized access to or alteration of your transmissions or data;
8.1.5. Any conduct or content of any third party on the Website or in relation to the services.
8.2. This limitation applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise-even if Company has been advised of the possibility of such damages.
8.3. Company may, from time to time, suggest or integrate third-party tools, platforms, or services (such as hosting services, marketing tools, analytics, or APIs). You acknowledge and agree that:
8.3.1. Company does not control such third-party platforms or services;
8.3.2. Company shall not be responsible or liable for any loss or damage arising from your use of, or reliance on, such third-party tools;
8.3.3. Your use of any such third-party service is governed solely by the applicable terms and policies of the third-party provider.
9.1. The Website and all content, features, and services made available through it are provided on an “as is” and “as available” basis without any warranties of any kind, whether express, implied, or statutory.
9.2. Company expressly disclaims all warranties, including but not limited to:
9.2.1. Implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or completeness;
9.2.2. Warranties that access to the Website will be uninterrupted, timely, secure, or error-free;
9.2.3. Warranties that defects or errors will be corrected;
9.2.4. Warranties that the Website or any content made available through it is free of viruses, malware, or other harmful components.
9.3. Any content or material available on the Website, including but not limited to blogs, case studies, templates, service descriptions, or suggestions, is for informational purposes only and does not constitute professional advice. Your reliance on any such information is solely at your own risk.
9.4. Company may display or link to content, tools, or services from third parties. We do not endorse, warrant, or assume responsibility for the accuracy, reliability, or legality of such third-party content or services. Your use of any third-party tools or services is subject to their own terms and conditions.
Our Website may contain links to third-party websites or services that are not owned or controlled by Company. We are not responsible for the content, policies, or practices of any third-party websites.
11.1. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India.
11.2. You agree that the courts of New Delhi shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
11.3. In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including any questions regarding their existence, validity, or termination, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation, the parties shall proceed to mediation as a means of alternative dispute resolution, with the assistance of a mutually agreed-upon mediator.
11.4. If the Dispute is not resolved amicably within the stipulated period, it shall be referred to and finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996, including any statutory amendments or re-enactments thereof.
11.5. The seat and venue of arbitration shall be New Delhi, India. The arbitration proceedings shall be conducted physically in New Delhi or through virtual means as agreed upon by the parties. The arbitration shall be conducted by a sole arbitrator, mutually appointed by the parties. The arbitration proceedings shall be conducted in the English language.
11.6. The arbitral award shall be final, binding, and enforceable upon the parties. The parties agree to carry out the arbitral award without undue delay and waive their right to challenge the award, except as permitted under Section 34 of the Arbitration and Conciliation Act, 1996.
11.7. Each party shall bear its own legal costs and expenses incurred in connection with the arbitration, unless otherwise directed by the arbitrator. The arbitrator may allocate arbitration costs, including arbitrator fees, as part of the final award.
If any part of these Terms, Feature Terms, Community Rules or the Privacy Policy is not enforceable, the rest of these Terms, Feature Terms, Community Rules and the Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.
We may give our rights, or Our obligations, under these Terms, Feature Terms, Community Rules, or our Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, Community Rules, or our Privacy Policy without first getting Company written consent, and any attempt to do so without our consent is void.
These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us.