Legal

Terms of Service

Last updated: 8 August 2026

These terms govern your use of brandsmyth.in and, where no separate signed agreement exists, the services Brandsmyth provides. By using this site or engaging us, you accept them. If you do not accept them, do not use the site.

1. Who we are

"Brandsmyth", "we" and "us" mean Brandsmyth, a digital marketing, software development and technology consulting business at IIIʳᵈ Floor, Abhcon Axis, near Galilee Retreat Centre, Nehru Nagar, Chiyyaram, Thrissur, Kerala 680026, India. "You" means the visitor or client accepting these terms.

2. The website

This site is informational. Nothing on it is an offer capable of acceptance, a contract, or professional advice for your specific situation. We may change, move or remove any part of it without notice, and we do not promise uninterrupted availability.

3. Enquiries and quotes

Messaging us — by WhatsApp, email or any other route — starts a conversation, not an engagement. The free growth audit we offer is provided as-is, at our discretion, with no obligation on either side. Any quote we give is valid for 30 days unless it says otherwise, and is based on the scope you described to us.

4. Services and scope

Paid work begins only once scope, deliverables, timeline and fees are agreed in writing — a proposal, statement of work or email confirmation is enough. Where a signed agreement exists and conflicts with these terms, that agreement wins. Work outside the agreed scope is quoted and approved separately before it starts.

Delivery depends on your cooperation. Where you are late in supplying access, assets, approvals or information, timelines shift accordingly and we are not liable for the delay.

5. No guarantee of results

Advertising, SEO and conversion work depend on factors outside our control: platform algorithms and policy changes, auction competition, your pricing, your product, your sales follow-up, seasonality and market conditions. We do not guarantee any specific ranking, return on ad spend, lead volume, revenue figure or other outcome. Figures shown on this website are historical results for particular clients in particular conditions and are not a prediction of your results.

6. Fees and payment

Fees, currency and billing frequency are set out in the proposal or invoice.
Unless agreed otherwise, invoices are payable within 7 days of issue.
Our fees are for our services only. Advertising spend paid to Meta, Google or any other platform is separate and is normally billed by the platform directly to your own payment method.
Applicable taxes, including GST, are charged in addition where required.
We may pause work on overdue accounts after written notice.

7. Refunds and cancellation

Retainers are billed for a monthly cycle. Cancel with 30 days' written notice; the current cycle is worked and payable in full, and there is no pro-rata refund for a cycle already started.
Project work is billed in stages. Cancel mid-project and you pay for stages completed and work in progress up to the cancellation date; any advance beyond that is refunded within 14 working days.
Advertising spend already committed to a platform cannot be refunded by us — recovery is subject to that platform's own policy.
Fees are not refundable on the basis of campaign performance, since no specific outcome is promised (section 5). Where we have clearly failed to deliver an agreed deliverable, we will redo it or refund the fee for that deliverable.
Refunds are returned to the original payment method. Raise refund requests in writing to brandsmythdigital@gmail.com; we respond within 7 working days.

8. Your responsibilities

Give accurate information and timely approvals.
Hold the rights to any logos, images, copy, testimonials or product claims you supply us.
Make sure your own offers, claims and landing pages comply with applicable law and with the advertising platforms' policies.
Keep your own privacy policy and consent mechanisms current where we install tracking on your properties.
Maintain ownership of your advertising, analytics and hosting accounts — we work through delegated access, not through your passwords.

9. Third-party platforms

We deliver much of our work inside platforms we do not own — Meta, Google, WhatsApp, hosting and analytics providers. Their terms, policies, pricing, downtime, account suspensions and policy enforcement are outside our control, and we are not liable for their decisions or outages. Links on this site to third-party sites are for convenience only and are not an endorsement.

10. Intellectual property

This website, its design, code, copy and the Brandsmyth name and logo are our property or licensed to us. You may not copy, republish or reuse them without written permission.

For client work: on full payment, ownership of the final deliverables produced specifically for you — campaign creative, copy, custom code — transfers to you. We keep ownership of our pre-existing tools, frameworks, templates, internal processes and know-how, and grant you a non-exclusive licence to use them as embedded in the deliverables. Third-party assets such as stock imagery, fonts and licensed software remain subject to their own licences.

Unless you ask us in writing not to, we may name you as a client and show non-confidential work in our portfolio.

11. Confidentiality and data protection

Each side keeps the other's non-public business information confidential and uses it only to carry out the work. This does not cover information that is already public, was lawfully known beforehand, or must be disclosed by law.

Where an engagement involves personal data of your own customers or leads, you are the Data Fiduciary and we act as a Data Processor on your written instructions under the Digital Personal Data Protection Act, 2023. You are responsible for having a lawful basis and valid consent for that data; we are responsible for handling it only as instructed and securing it. Our Privacy Policy sets out the detail and forms part of these terms.

12. Acceptable use

Do not use this site to attempt unauthorised access, scrape it at a rate that degrades service, introduce malicious code, or misrepresent yourself as us. We may decline or end an engagement for work we consider illegal, deceptive, or in breach of platform advertising policy.

13. Termination

Either side may end an ongoing engagement with 30 days' written notice, or immediately for material breach that is not remedied within 14 days of notice. On termination you pay for work performed and commitments already made up to that date; we hand over deliverables paid for and remove our access to your accounts.

14. Limitation of liability

Nothing here limits liability that cannot lawfully be limited, including for fraud or death or personal injury caused by negligence. Subject to that:

We are not liable for indirect or consequential loss, loss of profit, revenue, goodwill, data or anticipated savings.
Our total aggregate liability arising out of an engagement is limited to the fees you paid us for that engagement in the three months before the claim arose, excluding advertising spend passed through to platforms.
The website itself is provided "as is", without warranties of any kind.

15. Indemnity

You indemnify us against claims arising from material you supplied, from your products or offers, or from your breach of these terms or of a platform's policies.

16. Governing law

These terms are governed by the laws of India. The courts at Thrissur, Kerala have exclusive jurisdiction. We will each try in good faith to resolve a dispute by discussion before starting proceedings.

17. Changes

We may revise these terms; the revision date at the top shows the current version. Changes apply to use of the site from the date they are posted, and to engagements from the date we notify you. Terms already agreed in a signed contract do not change retroactively.

18. General

If any clause is held unenforceable, the rest stays in force. A delay in enforcing a right is not a waiver of it. There is no partnership, employment or agency relationship between us beyond the services described. You may not assign these terms without our consent.

19. Contact

Questions about these terms: brandsmythdigital@gmail.com or +91 80898 97266. By post: Brandsmyth, IIIʳᵈ Floor, Abhcon Axis, near Galilee Retreat Centre, Nehru Nagar, Chiyyaram, Thrissur, Kerala 680026, India.