Terms & Conditions

 

Last Updated: May 3, 2025

 

These Terms and Conditions (“Terms”) govern your access to and use of the Spotnxt service (the “Service”) provided by YBOne Strategic Solutions Private Limited (“YBOne”, “we”, “us”, or “our”), a company registered in India.

By accessing or using our Service, you (“you”, “your”, or “Customer”) agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By subscribing to and using Spotnxt, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Spotnxt is a Software-as-a-Service (SaaS) platform designed for marketing teams to manage their digital advertising activities. The Service may include features such as campaign management, ad scheduling, performance tracking, reporting, and other related functionalities as we may offer from time to time.

3. Subscription and Billing

  • Subscription Model: Spotnxt is offered on a month-on-month recurring subscription basis.
  • Fees: The fees for the Service will be as outlined on our pricing page or as otherwise agreed upon in writing. All fees are exclusive of applicable taxes, which will be added to your invoice.
  • Payment: You agree to pay the subscription fees in advance for each monthly billing cycle. Payments will be automatically charged to your chosen payment method on the designated billing date.
  • Billing Cycle: Your billing cycle commences on the date you subscribe to the Service and renews automatically on the same day of the following month.
  • Payment Method: You must provide us with a valid and authorized payment method. You are responsible for ensuring that your payment information is accurate and up-to-date.
  • Price Changes: We reserve the right to change our subscription fees at any time. We will provide you with reasonable prior notice of any price changes. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the revised fees.
  • Non-Payment: If we are unable to process your payment, we may suspend or terminate your access to the Service.

4. Account Registration and Use

  • Account Creation: To access and use the Service, you will need to create an account. You are responsible for providing accurate and complete information during the registration process.
  • User Credentials: You are responsible for maintaining the confidentiality of your account login credentials, including your username and password. You are responsible for all activities that occur under your account.
  • Authorized Users: You may authorize your employees and contractors (“Authorized Users”) to access and use the Service on your behalf, provided that they comply with these Terms. You are responsible for your Authorized Users’ compliance with these Terms.
  • Acceptable Use: You agree to use the Service in compliance with all applicable laws and regulations. You will not use the Service for any unlawful, harmful, or malicious purposes, including but not limited to:
    • Distributing viruses or other harmful software
    • Infringing upon the intellectual property rights of others
    • Transmitting spam or unsolicited communications
    • Attempting to gain unauthorized access to the Service or related systems

5. Intellectual Property Rights

  • Our Rights: The Service, including all software, code, designs, data, trademarks, and other intellectual property rights associated with it, are owned by YBOne Strategic Solutions Private Limited or its licensors and are protected by applicable intellectual property laws.
    We grant you a non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription.

  • Your Data: You retain ownership of the data and content you submit or upload to the Service (“Your Data”). By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to access, use, process, store, and transmit Your Data for the purpose of providing the Service to you.

  • Feedback: Any feedback, suggestions, or ideas you provide to us regarding the Service are non-confidential and may be used by us without any obligation to you.

6. Confidentiality

Each party may have access to confidential information of the other party (“Confidential Information”).

  • Our Confidential Information includes the Service and its features, pricing, and these Terms.
  • Your Confidential Information includes Your Data.

The receiving party agrees to protect the disclosing party’s Confidential Information with the same degree of care that it uses to protect its own confidential information, but no less than reasonable care.

Confidential Information will not be disclosed to any third party without the disclosing party’s prior written consent, except as required by law.

7. Data Privacy and Security

We are committed to protecting the privacy and security of Your Data. Our practices regarding the collection, use, and disclosure of your information are described in our Privacy Policy, which is incorporated by reference into these Terms.

We will implement and maintain reasonable security measures to protect Your Data from unauthorized access, use, or disclosure.

8. Term and Termination

  • Term: These Terms will remain in effect for as long as you have a valid subscription to the Service.
  • Termination by You: You may terminate your subscription at any time through your account settings. Termination will be effective at the end of your current billing cycle, and no refund will be provided for any unused portion of the subscription.
  • Termination by Us: We may terminate or suspend your access to the Service at any time, with or without cause, upon notice to you.
  • Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. We may retain Your Data for a reasonable period for archival or legal purposes, as described in our Privacy Policy.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YBONE STRATEGIC SOLUTIONS PRIVATE LIMITED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless YBOne Strategic Solutions Private Limited, its affiliates, officers, directors, employees, agents, and licensors from and against any claims arising out of:

  • Your use of the Service
  • Your Data
  • Your breach of these Terms
  • Your violation of any applicable law or third-party rights

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India.

Any dispute shall be subject to the exclusive jurisdiction of the courts located in Chennai, India.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website or within the Service.

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and YBOne Strategic Solutions Private Limited.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Contact Us

If you have any questions about these Terms, please contact us at:

📧 support@ybonesolutions.com