Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the website, services, and digital products provided by Digiperformance LLP, a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008, with its registered office at H. No. 37, GR/6, POCKET-P, GALI NO.-5 BLOCK-C, VIKAS NAGAR EXTN, UTTAM NAGAR, New Delhi, Delhi, India – 110059 (“Company”, “we”, “us”, or “our”).

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

2. Services

Digiperformance LLP provides performance marketing, arbitrage traffic management, app and web development, and AdTech monetization services. The specific scope, deliverables, and pricing for each engagement are defined in a separate service agreement, proposal, or statement of work agreed between the Company and the client.

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

3. Eligibility and User Obligations

By using our services, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. 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.

You agree to:

• Provide accurate, current, and complete information when engaging our services.
• Use our services only for lawful purposes and in compliance with all applicable laws and regulations.
• Not engage in any activity that violates the terms of service of Google, TikTok, or any other third-party platform.
• Not attempt to reverse-engineer, copy, or reproduce any proprietary methodology, system, or software developed by Digiperformance LLP.
• Notify us promptly of any unauthorised use of your account or any other security breach.

4. Intellectual Property

All content, materials, methodologies, software, tools, and proprietary processes developed by Digiperformance LLP remain the exclusive intellectual property of the Company unless explicitly transferred in writing.

Upon full payment of all applicable fees, clients receive a non-exclusive, non-transferable licence to use any deliverables produced specifically for them under a service agreement. This licence does not include the underlying frameworks, tools, or methodologies used in production.

The Digiperformance name, logo, and associated marks are trademarks of the Company. You may not use them without prior written consent.

5. Payment and Fees

Fees for services are as agreed in the applicable service agreement or proposal. Unless otherwise specified:

• Retainer fees are due at the beginning of each billing period.
• Project-based fees are invoiced as per the milestone schedule agreed in the project proposal.
• All fees are exclusive of applicable taxes including GST, which will be charged in addition.
• Late payments may attract interest at 1.5% per month on the outstanding balance.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This obligation survives the termination of any service agreement for a period of two (2) years. Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

7. Disclaimer of Warranties

Our services are provided on an “as is” and “as available” basis. While we take all reasonable steps to deliver high-quality results, we do not warrant that:

• Campaign results will meet specific revenue or traffic targets.
• Services will be uninterrupted, error-free, or free from third-party platform changes.
• Any particular RPM, CTR, or conversion rate will be achieved.

Performance marketing outcomes depend on multiple variables outside our control, including platform algorithm changes, market conditions, and client-side factors.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Digiperformance LLP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of, or inability to use, our services.

Our total cumulative liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Digiperformance LLP and its partners, employees, and agents from and against any claims, liabilities, damages, judgments, and expenses (including reasonable legal fees) arising out of your use of our services, your violation of these Terms, or your violation of any rights of a third party.

10. Termination

Either party may terminate a service engagement with thirty (30) days' written notice unless a different notice period is specified in the applicable service agreement. We reserve the right to terminate immediately for material breach, non-payment, or conduct that violates third-party platform policies.

Upon termination, all outstanding fees become immediately due and payable. Clauses relating to intellectual property, confidentiality, and limitation of liability survive termination.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, specifically the Indian Contract Act, 1872, the Information Technology Act, 2000, and other applicable Indian legislation.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within thirty (30) days, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be New Delhi, India. The language of arbitration shall be English.

12. Amendments

We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last updated” date. Your continued use of our services after any changes constitutes your acceptance of the revised Terms.

13. Contact

For any questions regarding these Terms, please contact us at:

• Email: Business@digiperformance.org
• Address: H. No. 37, GR/6, POCKET-P, GALI NO.-5 BLOCK-C, VIKAS NAGAR EXTN, UTTAM NAGAR, New Delhi, Delhi, India – 110059