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Terms of Service

Last Updated: January 1, 2025

1. Agreement to Terms

By accessing or using the services provided by Inquister Analytics ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.

2. Description of Services

Inquister Analytics provides performance marketing, traffic generation, campaign management, and related analytics services ("Services") to businesses, advertisers, and affiliate networks. Our services include but are not limited to:

  • Performance-based traffic generation (CPA, CPL, CPS, CPC models)
  • Survey and incentive traffic campaigns
  • Multi-channel campaign management across search, social, native, and display networks
  • Advanced analytics and optimization services
  • Lead generation and customer acquisition services
  • Traffic quality assurance and fraud detection

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By creating an account, you represent and warrant that you meet these requirements.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Business Use Only

Our Services are intended for business-to-business (B2B) use only. By using our Services, you represent that you are acting on behalf of a legitimate business entity.

4. Service Terms and Pricing

4.1 Customized Solutions

Service terms, pricing, and payment schedules are established through individual agreements and may vary based on campaign scope, traffic volume, targeting requirements, and other factors.

4.2 Minimum Commitments

Certain services may require minimum spend commitments or contract periods. These will be clearly outlined in your service agreement or insertion order.

4.3 Payment Terms

Unless otherwise specified in your service agreement, payment terms are as follows:

  • Invoices are issued monthly or as specified in the service agreement
  • Payment is due within 30 days of invoice date unless otherwise agreed
  • Late payments may incur interest charges of 1.5% per month or the maximum permitted by law
  • We reserve the right to suspend services for accounts with overdue balances

5. Traffic Quality and Performance

5.1 Quality Standards

We employ rigorous quality assurance measures including fraud detection, bot filtering, and verification systems. However, we do not guarantee specific conversion rates or campaign performance outcomes as these depend on multiple factors including offer quality, landing page optimization, and market conditions.

5.2 Traffic Sources

We utilize various traffic sources including survey platforms, reward networks, search engines, social media, native advertising, and display networks. Traffic source mix may vary based on campaign requirements and availability.

5.3 Performance Metrics

While we provide detailed analytics and reporting, actual campaign performance depends on factors beyond our control. We commit to transparency in reporting but do not guarantee specific results.

6. Client Responsibilities

6.1 Compliance

You are responsible for ensuring that your campaigns, offers, and landing pages comply with all applicable laws and regulations, including but not limited to:

  • Data protection and privacy laws (GDPR, CCPA, etc.)
  • Advertising standards and consumer protection regulations
  • Industry-specific regulations applicable to your business
  • Terms of service of advertising platforms we utilize

6.2 Prohibited Content

You may not use our Services to promote or distribute:

  • Illegal products, services, or activities
  • Adult content or explicit material
  • Misleading, deceptive, or fraudulent offers
  • Content that violates intellectual property rights
  • Malware, viruses, or harmful software
  • Pyramid schemes, multi-level marketing, or similar schemes
  • Content promoting violence, discrimination, or hate speech

6.3 Campaign Materials

You are responsible for providing accurate campaign materials, tracking links, and creative assets. You grant us a non-exclusive license to use these materials for the purpose of delivering the Services.

7. Intellectual Property

7.1 Company Property

All content, technology, software, and materials provided by Inquister Analytics, including our website, analytics platform, and proprietary methodologies, are protected by intellectual property rights and remain our exclusive property.

7.2 Client Property

You retain all rights to your trademarks, campaign materials, and content. We claim no ownership over materials you provide to us.

7.3 License Grant

You grant us a limited, non-exclusive license to use your materials solely for the purpose of delivering Services under these Terms.

8. Confidentiality

Both parties agree to maintain confidentiality of proprietary information, including but not limited to pricing, traffic sources, campaign strategies, and performance data. This obligation survives termination of these Terms for a period of three (3) years.

9. Data and Analytics

9.1 Data Collection

We collect and process data necessary to deliver Services, including campaign performance metrics, user behavior data, and conversion information.

9.2 Data Ownership

Campaign performance data and reports generated for your specific campaigns belong to you. Aggregated, anonymized data may be used by us for service improvement and industry benchmarking.

9.3 Data Security

We implement industry-standard security measures to protect data. However, no system is completely secure, and we cannot guarantee absolute security.

10. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding uninterrupted or error-free service
  • Warranties regarding specific conversion rates or ROI
  • Warranties that traffic will meet specific quality thresholds

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL INQUISTER ANALYTICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless Inquister Analytics and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your campaign content, offers, or landing pages
  • Infringement of any third-party rights

13. Term and Termination

13.1 Term

These Terms remain in effect while you use our Services or until terminated by either party.

13.2 Termination by You

You may terminate your account at any time by providing written notice. You remain responsible for all charges incurred prior to termination.

13.3 Termination by Us

We may suspend or terminate your access to Services immediately without notice if:

  • You breach these Terms
  • Your account has overdue payments
  • Your campaigns violate our policies or applicable laws
  • We are required to do so by law
  • We cease providing Services generally

13.4 Effect of Termination

Upon termination, your right to use Services ceases immediately. Provisions regarding payment obligations, confidentiality, intellectual property, warranties, and limitations of liability survive termination.

14. Modification of Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our website. Continued use of Services after changes constitutes acceptance of the modified Terms.

15. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemic, natural disasters, or failure of third-party services.

16. Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Entire Agreement

These Terms, together with any service agreements or insertion orders, constitute the entire agreement between you and Inquister Analytics regarding the Services and supersede all prior agreements and understandings.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

19.2 Dispute Resolution

Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

20. Contact Information

For questions about these Terms, please contact us at:

Inquister Analytics
Email: business@inquister.com
Website: www.inquister.com

Acknowledgment: By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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