Terms of Service

These terms apply to your use of https://finchbyte.com (the "website"), the Finchbyte client portal and the services we provide. The website is operated by Finchbyte, available on request ("Finchbyte", "we", "us"). By using the website or the portal, or by accepting a proposal, you agree to these terms. If you accept on behalf of a company, you confirm that you are authorised to bind it.

1. Who can use our services

Our services are for businesses and professionals. You must be at least 18 years old and able to enter into a binding contract. If you are a consumer, the mandatory consumer protection laws of your country still apply and nothing in these terms limits them.

2. Proposals, orders and contracts

• Each engagement is described in a proposal, quote or statement of work (the "proposal") that sets out the services, deliverables, fees, timelines and any special terms. If a proposal conflicts with these terms, the proposal applies.
• You can accept a proposal online by typing your name and confirming, or by signing it. This is a valid electronic acceptance under the Information Technology Act 2000, the US ESIGN Act, the EU eIDAS Regulation and similar laws.
• A proposal is valid until the date shown on it. We may correct obvious errors before work starts.

3. Fees, taxes and payment

• Fees are as stated in the proposal and exclude GST or other applicable taxes, which we add as required by law. Advertising spend and third-party costs (such as ad platforms, software licences, domains or paid tools) are extra unless the proposal says otherwise.
• Setup fees are payable before work starts. Monthly retainers are billed in advance. Invoices are due within 7 days unless the proposal says otherwise.
• If a payment is more than 15 days late, we may pause the services after giving notice, and interest may apply as permitted by law (including India's MSMED Act, where applicable).

4. Your responsibilities

• Give us accurate information, timely approvals and the access we need (for example to your website, hosting, analytics and ad accounts). Delays on your side may move timelines.
• Make sure you have the rights to any content, trademarks, images and data you give us, and that your products, services and claims are lawful.
• You remain responsible for your own legal obligations to your customers, such as your privacy policy, cookie consent, consent for marketing messages and the accuracy of your advertising. We can advise, but we are not your legal counsel.
• Keep your portal login details secure and tell us immediately about any unauthorised use. You are responsible for activity under your account and for the users you invite.

5. Results are not guaranteed

Search rankings, AI assistant answers, ad performance, social media reach, leads and sales depend on third parties (such as Google, Meta, LinkedIn, OpenAI and other platforms), your market and many factors outside our control. We commit to doing the agreed work professionally and with reasonable skill and care, but we do not guarantee any specific result unless the proposal expressly says so. See our Disclaimer.

6. Third-party platforms

Our services use third-party platforms and tools that have their own terms and policies. We are not responsible for their availability, policy changes, account suspensions or fees, but we will help you deal with them.

7. Intellectual property

• We keep ownership of our pre-existing materials, templates, software, know-how and the Finchbyte platform. You receive a licence to use them as part of the services.
• Once you have paid in full, you own the final deliverables made specifically for you (such as website pages, ad creatives and content), except for third-party materials, which remain under their own licences.
• Unless you tell us otherwise in writing, we may mention you as a client and show non-confidential work in our portfolio.
• The content of this website belongs to Finchbyte or its licensors. You may not copy or reuse it without permission, except as allowed by law.

8. AI-generated content

We may use AI tools to help create content, designs, reports and automations. We review AI output before delivering it, but you are responsible for approving content before it is published in your name, including checking facts and claims. Where the law requires AI-generated content to be labelled, we will label it or tell you how to.

9. Confidentiality and data protection

Each party will keep the other's confidential information secret and use it only for the engagement. When we process personal data for you, our Data Processing Agreement applies and forms part of these terms. Our Privacy Policy explains how we handle personal data as a controller.

10. Acceptable use

You must not use the website or portal to break the law, infringe rights, send spam, upload malware, attempt unauthorised access, overload or scrape the systems, or ask us to run campaigns that are deceptive, discriminatory, or promote illegal products or services. We may refuse or stop such work.

11. Term, cancellation and termination

Each engagement lasts for the period in the proposal. Cancellations and refunds follow our Refund & Cancellation Policy. Either party may end an engagement immediately by written notice if the other seriously breaches these terms and does not fix it within 15 days of being told. When an engagement ends, you pay for work done up to that date and we hand over deliverables and access that belong to you.

12. Warranties and liability

• Except as stated in these terms or a proposal, the website and services are provided "as is", to the extent the law allows.
• Neither party is liable for indirect or consequential losses, or for loss of profits, revenue, data or goodwill.
• Our total liability for any engagement is limited to the fees you paid us for that engagement in the 12 months before the claim.
• Nothing in these terms limits liability that cannot be limited by law, such as for fraud, or for death or personal injury caused by negligence.

13. Indemnity

You will compensate us for claims by third parties arising from content, data or instructions you give us, or from your breach of law or these terms.

14. Force majeure

Neither party is responsible for delays caused by events beyond its reasonable control, such as natural disasters, internet or platform outages, strikes or government action.

15. Governing law and disputes

These terms are governed by the laws of India. We will first try to resolve any dispute in good faith. If that fails within 30 days, the courts of India have exclusive jurisdiction, unless the law of the country where you live as a consumer gives you the right to go to your local courts.

16. General

• We may update these terms; the date at the top shows the latest version. Changes do not affect a proposal already accepted unless both parties agree.
• If any part of these terms is found invalid, the rest remains in force. A delay in enforcing a right is not a waiver of it.
• You may not transfer your rights under these terms without our consent. Notices can be sent by email to the addresses in the proposal.

17. Contact

Finchbyte, available on request. Email our contact page. Phone available on request.