Terms & Conditions
Terms and Conditions
Brand: Markexta
These Terms & Conditions govern the entire commercial relationship between Markexta and any Client or website visitor. This document consolidates Markexta's Terms and Conditions, Intellectual Property Policy, Pricing and Commercial Policy, and Disclaimer and Limitation of Liability into a single binding instrument. By accessing markexta.com or engaging any Markexta Service, you unconditionally accept these Terms in their entirety.
1.1 Preamble
These Terms and Conditions constitute a legally binding agreement between Markexta, a digital services brand operating under the laws of the Republic of India, and any individual or legal entity that accesses, inquires about, or purchases any Markexta Service. By accessing markexta.com, requesting any Markexta Service, or completing a purchase, the Client unconditionally agrees to be bound by these Terms in their entirety and without modification.
These Terms are enforceable under the Indian Contract Act, 1872, the Information Technology Act, 2000, the Consumer Protection Act, 2019 where applicable, and all other applicable laws of the Republic of India. Clients located in other jurisdictions acknowledge that these Terms are governed exclusively by Indian law and agree to submit to its application to the fullest extent permitted by their local law.
Markexta reserves the right to amend, modify, replace, or withdraw any part of these Terms at any time and without prior notice. Amendments become effective immediately upon publication at markexta.com. Continued use of the website or any Markexta Service after such publication constitutes irrevocable and unconditional acceptance of the amended Terms. It is the Client's sole responsibility to review these Terms periodically. Markexta bears no obligation to individually notify existing clients of any changes.
1.2 Definitions
"Markexta Services" means all digital services offered by Markexta, including but not limited to digital marketing strategy outputs, diagnostic reports, hosted digital dashboards, downloadable digital files, prompt libraries, frameworks, playbooks, and all associated digital content delivered through markexta.com or any associated platform.
"BGI Service" means the Brand Growth Intelligence diagnostic, a one-time static digital report hosted on the Markexta platform, delivered as a single non-interactive view within the BGI section of markexta.com.
"Client" means the registered business, legal entity, or individual of legal age who purchases or accesses any Markexta Service.
"Delivery Date" means the date on which Markexta makes any Markexta Service available to the Client via a hosted link, downloadable file, or both.
"Access Period" means the time-limited window during which Markexta guarantees availability of a delivered Markexta Service, as defined in Section 1.6 of these Terms.
"Service Fee" means the total amount paid by the Client in exchange for access to a specified Markexta Service.
1.3 Eligibility
Markexta Services are available exclusively to registered businesses and legal entities. Individual consumers purchasing for purely personal use are not eligible. Clients must be at least eighteen (18) years of age and must have the legal authority to enter into binding agreements on behalf of their organisation. Markexta reserves the right to refuse service to any entity at its sole and absolute discretion, including entities that operate in direct competition with Markexta, without obligation to provide reasons. Markexta's decision on eligibility is final and non-appealable.
1.4 Nature of Services
All Markexta Services are digital in nature. Markexta does not offer, deliver, or guarantee any physical product, physical deliverable, or in-person service of any kind. All outputs are delivered electronically through hosted digital links, downloadable files, or both, at markexta.com or an associated Markexta platform.
Every Markexta Service is produced and delivered on a one-time basis. The Client receives the service as produced at the time of delivery. No revisions, amendments, corrections, updates, or recreations are included within any purchased Markexta Service. If a Client requires a revision, a different version, or a new iteration of any service, the Client must purchase a new Markexta Service at the prevailing price. Requests for changes within an active Access Period will not be entertained and will receive no response.
Markexta Services are produced using third-party platforms and tools including but not limited to artificial intelligence platforms, cloud hosting services, and digital production software. Markexta makes no guarantee regarding the continued availability, accuracy, performance, or reliability of any third-party platform. Changes, outages, policy updates, or discontinuation of any third-party service shall not entitle the Client to any refund, remedy, or compensation of any kind.
1.5 Purchasing Markexta Services
A Client's purchase of any Markexta Service becomes binding upon full payment of the applicable Service Fee. Markexta will not commence production or delivery of any service until payment has been confirmed as cleared. All prices are published on markexta.com and are subject to change at any time without prior notice. The price applicable to any order is the price confirmed at the time of payment. All prices are exclusive of applicable taxes including Goods and Services Tax in India and equivalent taxes in other jurisdictions, which are the Client's sole responsibility.
In the event of a failed, reversed, or disputed payment, Markexta reserves the right to immediately suspend or permanently revoke the Client's access to all Markexta Services without notice and without liability. In the event that a Client initiates a chargeback or payment reversal after a Markexta Service has been delivered or made accessible, Markexta reserves the right to suspend all hosted access immediately and to pursue recovery of the full Service Fee through all available legal means. Initiating a chargeback after delivery does not constitute a valid refund request under any circumstances.
1.6 Access Period and Hosting
Upon delivery, all Markexta Services are made accessible to the Client for a maximum period of one (1) year from the Delivery Date. During this Access Period, the Client may access the service via the hosted link provided by Markexta and may download and save any downloadable files included with the service. Markexta guarantees hosted availability only within this one-year window.
The BGI Service is a one-time static digital report accessible via the BGI platform hosted on markexta.com. Markexta guarantees availability and performance of the BGI Service for a period of three (3) months from the Delivery Date only. The BGI Service is a static, non-interactive, one-time view and is not a live dashboard. Beyond three months, the BGI Service may or may not remain accessible at Markexta's sole discretion. No guarantee of availability, accuracy, display reliability, or content integrity is made beyond the three-month window. After three months, Markexta bears no obligation to retain, display, or provide access to the BGI Service in any form.
Upon expiry of the applicable Access Period, Markexta is under no obligation to retain, host, maintain, transfer, or make available any outputs, files, hosted links, or associated content. Markexta will not issue reminders regarding impending access expiry. It is the Client's sole and exclusive responsibility to download and preserve all deliverable files before the Access Period expires. Markexta bears no liability for any loss of access, loss of data, or inability to retrieve content after the Access Period has concluded.
1.7 Client Obligations
The Client agrees to provide accurate and complete information during all intake and onboarding processes. The Client acknowledges that delays caused by incomplete or late provision of required inputs extend the delivery timeline and do not entitle the Client to any refund or remedy. The Client agrees to use Markexta Services in compliance with all applicable laws in their jurisdiction. The Client accepts sole responsibility for downloading and preserving all deliverable files before the applicable Access Period expires.
1.8 Termination
Markexta reserves the right to terminate, suspend, or restrict any Client's access to Markexta Services at its sole and absolute discretion, at any time and without prior notice, without liability of any kind. Grounds for termination include but are not limited to material breach of these Terms, initiation of a chargeback or payment dispute, misuse of any Markexta Service, conduct determined by Markexta to be harmful to its interests or reputation, and any activity that violates applicable law. Termination does not entitle the Client to any refund, compensation, or remedy of any kind.
1.9 Force Majeure
Markexta shall not be liable for any failure or delay in delivering any Markexta Service caused by events beyond its reasonable control including but not limited to internet infrastructure failures, outages or policy changes by third-party AI platforms or hosting services, governmental or regulatory actions, natural disasters, pandemics, cyberattacks, or any other event that reasonably prevents delivery. In such circumstances, Markexta's obligations are suspended for the duration of the event. No refund or compensation shall be owed as a result of a force majeure event.
1.10 General Provisions
English is the sole binding language of these Terms. Any translation provided for reference purposes is provided for convenience only and the English version prevails in all matters of interpretation and enforcement.
These Terms, together with the Privacy Policy and Refund Policy published at markexta.com, constitute the entire agreement between Markexta and the Client and supersede all prior discussions, representations, negotiations, or agreements whether written or oral.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect. Failure by Markexta to enforce any right does not constitute a waiver of that right. These Terms apply globally to all Clients regardless of their country of residence or the jurisdiction from which they access markexta.com.
Intellectual Property Policy
2.1 Preamble
This Intellectual Property Policy governs all intellectual property rights associated with Markexta Services, markexta.com, and all digital outputs produced by Markexta. All intellectual property matters are governed by the Indian Copyright Act, 1957, the Trade Marks Act, 1999, the Information Technology Act, 2000, and all other applicable laws of the Republic of India.
2.2 Markexta's Intellectual Property
Markexta is and shall remain the sole and exclusive owner of all intellectual property rights in and relating to Markexta. This includes all proprietary methodologies, diagnostic frameworks, scoring systems, and analytical processes used to produce Markexta Services, all architectural structures, production processes, delivery models, and prompt engineering systems underlying any Markexta Service, all design templates, interactive feature libraries, and structural frameworks embedded within any Markexta Service, all training data, prompt library structures and templates, and AI-assisted production protocols, the Markexta brand name, logo, visual identity, trademarks, service marks, and domain names, all website content, marketing materials, and publicly published documentation at markexta.com, and all BGI diagnostic systems, metric structures, scoring rubrics, and report architectures.
No purchase or access to any Markexta Service constitutes a transfer, assignment, or licence of any of the above intellectual property to the Client, whether express, implied, or by estoppel.
2.3 Client's Rights to Delivered Outputs
Upon full payment and delivery, the Client is granted a time-limited, non-exclusive, non-transferable right to access and use the specific digital outputs produced for the Client during the applicable Access Period for internal business use only. The Client may download and retain local copies of downloadable files for continued internal use after the Access Period expires, provided such use remains consistent with the restrictions set out in this Policy. Markexta's hosting obligation ceases at the end of the applicable Access Period. Any continued access beyond the Access Period is at Markexta's sole discretion and creates no obligation or entitlement.
2.4 Prohibited Uses
The Client may not resell, sublicense, commercially redistribute, or offer to third parties any Markexta Service or output derived therefrom as a standalone product, a competing service, or as part of any commercial offering that replicates or competes with Markexta's business. The Client may not reverse engineer, decompile, disassemble, or otherwise attempt to extract Markexta's underlying methodology, framework architecture, scoring systems, or production processes from any delivered output. The Client may not publicly represent any Markexta Service or output as independently conceived, developed, or owned by the Client in a manner that misappropriates Markexta's intellectual property. The Client may not reproduce, publish, or distribute the full content of any Markexta proprietary methodology document without express prior written consent. The Client may not use any Markexta Service for any unlawful, defamatory, fraudulent, or misleading purpose. The Client may not remove, alter, or obscure any intellectual property notices or proprietary markings within any Markexta Service. Violation of any prohibition entitles Markexta to immediately suspend access and pursue all available legal remedies without notice.
2.5 Permitted Uses
The Client may use the delivered digital outputs for internal business purposes including strategy execution, team deployment, and operational use within the Client's own organisation. The Client may share delivered outputs with their own employees, directors, and contracted advisors bound by confidentiality obligations. The Client may reference their engagement with Markexta publicly in general terms, provided such reference does not misrepresent the service or infringe Markexta's intellectual property rights.
2.6 Third-Party Content in Delivered Outputs
Some Markexta Services are produced with the assistance of third-party artificial intelligence platforms. Markexta does not warrant the originality, intellectual property status, or freedom from third-party claims of AI-generated content within delivered outputs. The Client is solely responsible for assessing the suitability of delivered content for their intended use. Markexta bears no liability for any third-party intellectual property claim arising from the Client's use of any delivered output.
Pricing and Commercial Policy
3.1 Preamble
This Pricing and Commercial Policy governs all commercial terms, pricing structures, payment obligations, and purchasing conditions applicable to Markexta Services. Markexta reserves the right to revise all published prices and commercial terms at any time and without prior notice. Revised terms take effect immediately upon publication at markexta.com. The price applicable to any order is the price confirmed at the time of purchase.
3.2 Pricing Tiers
Markexta Services are offered across two client tiers determined by the annual revenue of the purchasing entity. The Standard Tier applies to businesses with annual revenue below the ENT threshold as published on markexta.com. The Enterprise Tier applies to businesses at or above that threshold. Markexta reserves the right to determine the applicable tier for any Client at its sole discretion.
3.3 Regional Pricing
Markexta maintains regional pricing structures reflecting purchasing power across different markets. USD pricing applies to clients in the United States, United Kingdom, European Union, Australia, and Canada. INR pricing applies to clients in India and the Asia-Pacific region. Regional pricing is not interchangeable. INR pricing is available exclusively to clients whose billing entity and operating region are located within India or the Asia-Pacific region. Clients found to have misrepresented their region to access unavailable regional pricing will be invoiced for the applicable regional difference and may have access suspended.
3.4 Taxes
All published prices are exclusive of applicable taxes. Goods and Services Tax in India, Value Added Tax in the United Kingdom and European Union, and equivalent taxes in other jurisdictions are not included in published prices and are the Client's sole responsibility.
3.5 No Undisclosed Discounts
Markexta does not offer any negotiated, hidden, or informal discounts outside of those published on markexta.com. All available pricing structures are published and available to all Clients equally. Verbal representations of discounts by any Markexta representative not confirmed in a written invoice are non-binding.
3.6 Payment Terms
All Markexta Services must be paid in full at the time of purchase. Markexta does not offer credit terms, deferred payment, or instalment plans unless expressly stated in a written invoice. Markexta accepts payment via bank transfer, online payment gateways, UPI for INR transactions, and such other methods as published from time to time. Card-based payments may be subject to a processing fee as communicated at checkout. Processing fees are non-refundable under any circumstances. Markexta will not commence production until full payment has been confirmed as cleared. Where a Client pays in a currency other than the invoiced currency, the applicable exchange rate on the date of payment is the Client's responsibility.
3.7 Access Period and Commercial Scope
Every Markexta Service is purchased for a defined Access Period of one (1) year from the Delivery Date. The purchase price covers delivery of the service on a one-time basis and hosted access for one year only. After one year, Markexta bears no obligation to maintain access, renew hosting, or provide any service in connection with the original purchase. Continued access beyond one year requires a new purchase. The BGI Service carries a guaranteed access period of three (3) months from the Delivery Date. Access beyond three months may continue at Markexta's discretion but carries no commercial obligation. No Markexta Service includes revisions or iterations within any Access Period. Any revision or recreation requires a new purchase at the prevailing price.
Disclaimer and Limitation of Liability
4.1 No Warranties
Markexta provides all Markexta Services and all content on markexta.com strictly on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Markexta expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and title. Markexta makes no warranty that any Markexta Service will meet the Client's requirements or business objectives, be free from errors or inaccuracies, or that markexta.com or any hosted service will be available without interruption at any time within the Access Period.
4.2 No Guarantee of Outcomes
Markexta makes no representation, promise, guarantee, or commitment of any kind regarding business outcomes, results, performance, effectiveness, or return on investment arising from the use of any Markexta Service. Business outcomes depend entirely on the Client's own actions, market conditions, competitive environment, and factors entirely outside Markexta's knowledge or control. No statement made on markexta.com, in any marketing material, email, call, or by any Markexta representative constitutes a guarantee of any specific business outcome. All illustrative examples or performance references are provided for informational purposes only and do not represent guaranteed or typical results.
4.3 Not Professional Advice
No Markexta Service constitutes legal, financial, accounting, tax, medical, regulatory, or any other form of professional advisory service. Where any Markexta Service references legal document templates, financial frameworks, or regulatory considerations, such content is provided strictly as informational material. Clients are solely responsible for seeking qualified professional advice in their jurisdiction before acting on any content delivered through a Markexta Service.
4.4 Third-Party Platforms
Markexta bears no responsibility for any failure, outage, policy change, data loss, or discontinuation affecting any third-party platform used in connection with any Markexta Service. The Client's inability to access any Markexta Service as a result of a third-party platform failure does not entitle the Client to any refund, compensation, or remedy.
4.5 Limitation of Liability
To the maximum extent permitted by applicable law, Markexta's total aggregate liability to any Client arising out of or in connection with any Markexta Service, whether in contract, tort, negligence, statute, or otherwise, shall not in any event exceed the total Service Fee paid by the Client for the specific Markexta Service directly giving rise to the claim.
In no event shall Markexta be liable for any indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages of any kind, including loss of revenue, loss of profit, loss of business, loss of data, loss of opportunity, loss of goodwill, business interruption, or reputational damage, arising from or in connection with any Markexta Service or markexta.com, whether or not Markexta has been advised of the possibility of such damages. Markexta bears no liability for any loss arising from a Client's inability to access any Markexta Service after the expiry of the applicable Access Period. These limitations apply globally and irrespective of the jurisdiction in which any claim is brought.
4.6 Indemnification
The Client agrees to fully indemnify, defend, and hold harmless Markexta and all of its officers, employees, contractors, and affiliates from and against any and all third-party claims, demands, liabilities, losses, damages, costs, and expenses, including reasonable legal fees, arising from or in connection with the Client's use or misuse of any Markexta Service, violation of these Terms or any applicable law, infringement of any third-party intellectual property or other rights, and any unlawful, fraudulent, or harmful conduct by the Client in connection with Markexta Services.
4.7 No Liability for Third-Party Disputes
Markexta is not responsible for any dispute, claim, disagreement, or complaint arising between the Client and any third party in connection with the Client's use of any Markexta Service. Markexta accepts no liability in connection with any dispute between a Client and their own customers, partners, employees, competitors, regulators, or other third parties.
Governing Law and Dispute Resolution
Governing Law and Dispute Resolution
These Terms & Conditions are governed exclusively by the laws of the Republic of India. Any dispute, controversy, or claim arising out of or in connection with any part of this document or any Markexta Service shall be resolved exclusively through binding arbitration under the Arbitration and Conciliation Act, 1996, seated in India. The language of arbitration proceedings shall be English. The arbitrator's decision shall be final and binding on both parties. Each party shall bear its own costs of arbitration unless the arbitrator directs otherwise.