Terms And Conditions

Effective Date: 26/11/2025

Welcome to Truemark Tech. By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree, please do not use our Services.

1. Business Information

These Terms of Service (“Terms”) govern your access to and use of the websites, products, software, platforms, applications, and professional services provided under the Truemark Tech brand.

For the purposes of these Terms, “Truemark Tech,” “we,” “our,” or “us” refers to the Truemark Tech brand and its affiliated operating entities, including:

India : Truemark Tech

United Arab Emirates : Truemark Tech FZC LLC

Depending on the nature of the services provided, the customer’s location, or the applicable commercial agreement, services may be delivered by the appropriate operating entity.

Website: https://www.truemarktech.com

Email: info@truemarktech.com

India Office: Navi Mumbai, Maharashtra, India.

UAE Office: Ajman, United Arab Emirates.

2. Acceptance of Terms

By accessing, browsing, registering for, purchasing, subscribing to, or using any website, software, application, platform, product, or service offered by Truemark Tech, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, Refund Policy, and any other applicable policies published on our website.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, the terms “you” and “your” shall refer to both the individual accepting these Terms and the legal entity they represent.

If you do not agree with any part of these Terms, you must not access or use our websites, products, software, platforms, applications, or services.

Certain products, services, enterprise solutions, subscriptions, or custom projects may be subject to additional agreements, proposals, quotations, Statements of Work (SOW), or service-specific terms. Where such agreements exist, they shall prevail to the extent of any conflict with these Terms.

3. Services We Provide

Truemark Tech is a Business Technology Company that provides technology products, software solutions, digital platforms, professional services, consulting, implementation, integration, automation, and related business technology solutions to individuals, businesses, and organizations.

Our services may include, but are not limited to, software-as-a-service (SaaS), customer relationship management (CRM) solutions, AI-powered solutions, business automation, websites, mobile applications, digital marketing, search engine optimization (SEO), performance marketing, cloud-based solutions, communication platforms, integrations, consulting, training, support services, and other technology-related products or services.

We continually improve, modify, expand, suspend, or discontinue our products and services to meet changing business, technological, operational, and regulatory requirements. We reserve the right to introduce new services, modify existing offerings, or discontinue any product or service without prior notice, unless otherwise agreed in writing.

Certain services may be provided through trusted third-party platforms, software providers, cloud infrastructure, communication providers, or technology partners. Your use of such services may also be subject to the applicable third-party terms, policies, and licensing requirements.

4.  Eligibility & Accesptable Use of Service

By using our Services, you confirm that you are at least 18 years of age or otherwise legally capable of entering into a binding agreement under the applicable laws of your jurisdiction.

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use, or permit others to use, our Services in any manner that:

  • Violates any applicable law, regulation, or governmental requirement.
  • Infringes the intellectual property, privacy, confidentiality, or other legal rights of any person or organization.
  • Distributes unlawful, fraudulent, defamatory, abusive, misleading, or harmful content.
  • Sends unsolicited communications, spam, malware, phishing content, or engages in activities that may compromise the security or integrity of our Services or third-party platforms.
  • Attempts to gain unauthorized access to our systems, networks, software, accounts, or data.
  • Uses our Services in a manner that could damage, disable, overburden, interfere with, or impair our infrastructure, technology partners, or other users.
  • Violates the policies, acceptable use requirements, or terms of any third-party platform, service provider, communication platform, cloud provider, payment processor, or technology partner connected with our Services.

We reserve the right to investigate suspected violations and to suspend or terminate access to our Services where we reasonably believe these Terms or applicable laws have been breached.

5.  Customer Accounts & Responsibilities
  • Account Security : Where access to any of our Services requires an account, you are solely responsible for maintaining the confidentiality of your account credentials, passwords, API keys, authentication methods, and other access information. You are responsible for all activities that occur under your account.

    You agree to notify Truemark Tech immediately of any unauthorized access, suspected security breach, or unauthorized use of your account. Truemark Tech shall not be liable for any loss, damage, or unauthorized activity resulting from your failure to safeguard your account credentials or comply with reasonable security practices.

  • Customer Responsibilities : You are responsible for providing accurate information, maintaining the security of your own systems and devices, obtaining all necessary rights and permissions for any content, data, or materials you submit to us, and ensuring that your use of our Services complies with all applicable laws and the terms of any third-party platforms connected to your business.
6.  Acceptable Use Policy

You agree to use our Services responsibly, ethically, and in compliance with all applicable laws, regulations, and these Terms. You shall not use, or permit others to use, our Services in any manner that:

  • Violates any applicable law, regulation, court order, or governmental requirement.
  • Infringes or misappropriates the intellectual property, privacy, confidentiality, publicity, or other legal rights of any person or organization.
  • Uploads, stores, processes, transmits, or distributes any unlawful, defamatory, fraudulent, deceptive, abusive, obscene, hateful, discriminatory, or otherwise prohibited content.
  • Sends spam, unsolicited communications, phishing messages, malware, ransomware, viruses, or other malicious software.
  • Attempts to gain unauthorized access to any account, system, network, API, database, software, or infrastructure belonging to Truemark Tech, its customers, or third-party providers.
  • Interferes with, disrupts, damages, disables, reverse engineers, bypasses security measures, or compromises the operation, availability, or integrity of our Services.
  • Uses our Services for activities involving fraud, money laundering, identity theft, cybercrime, unauthorized surveillance, or any other illegal or harmful purpose.
  • Uses our Services to violate the terms, acceptable use policies, licensing requirements, or other contractual obligations of any third-party platform, communication provider, cloud service, AI provider, payment processor, advertising platform, hosting provider, domain registrar, or software vendor.
  • Uploads or processes personal data without obtaining all necessary rights, permissions, or legal authority required under applicable data protection and privacy laws.
  • Misrepresents your identity, impersonates another person or organization, or provides false, misleading, or inaccurate information.
  • Uses our Services in any manner that may adversely affect the security, reputation, availability, performance, or lawful operation of Truemark Tech, its customers, technology partners, or other users.

Truemark Tech reserves the right, at its sole discretion, to investigate suspected violations of this Acceptable Use Policy and to suspend, restrict, or terminate access to any Service where we reasonably believe these Terms, applicable laws, or third-party platform requirements have been violated.

7.  Subscriptions, Payments & Commercial Terms

7.1 Pricing

The pricing of our products and Services is specified on our website, quotations, proposals, subscription plans, invoices, Statements of Work (SOW), service agreements, or other commercial documents, as applicable. Truemark Tech reserves the right to revise pricing, subscription plans, features, or commercial terms for future purchases, renewals, or new engagements.

7.2 Quotations & Commercial Agreements

All quotations, proposals, estimates, and commercial offers issued by Truemark Tech remain valid only for the period specified in the applicable commercial document and become binding only upon written acceptance by both parties.

Where a proposal, quotation, Statement of Work (SOW), service agreement, contract, purchase order accepted by Truemark Tech, or any other written commercial document contains terms that differ from these Terms of Service, the terms of that commercial document shall prevail only for the specific Service or project to which it relates.

7.3 Payments

The Client agrees to pay all applicable fees in accordance with the agreed payment schedule set out in the applicable commercial document.

Payments may include advance payments, milestone payments, subscription fees, implementation charges, setup fees, consulting fees, maintenance fees, renewal fees, usage-based charges, third-party costs, taxes, and any other agreed commercial charges.

Failure to make payments when due may result in suspension or termination of the applicable Services without prejudice to any other legal or contractual rights available to Truemark Tech.

7.4 Subscription Services

Subscription Services shall be billed in accordance with the selected subscription plan and billing cycle.

Unless otherwise agreed in writing:

  • Subscription fees are payable in advance.
  • Subscription renewals shall be governed by the applicable subscription plan.
  • Failure to renew may result in suspension or termination of the applicable Services.
  • Subscription refunds shall be governed by the Truemark Tech Refund Policy.

7.5 Project-Based Services

Project-based Services, including but not limited to website development, software development, mobile application development, AI solutions, automation, CRM implementation, integrations, branding, consulting, digital marketing, SEO, performance marketing, training, and other professional Services, shall be governed by the applicable proposal, quotation, Statement of Work (SOW), service agreement, contract, or other written commercial document.

7.6 Client Responsibilities

The Client shall provide all information, content, approvals, access credentials, technical resources, domain and hosting access, API credentials, feedback, and all other dependencies reasonably required for the successful delivery of the Services.

The Client is solely responsible for ensuring that all information, instructions, materials, and content supplied to Truemark Tech are accurate, complete, lawful, and properly licensed.

7.7 Client Delays

Where delivery of the Services is delayed due to the Client’s failure to provide required information, approvals, content, access, payments, feedback, or any other dependency necessary for the performance of the Services, Truemark Tech reserves the right to:

  • revise delivery schedules;
  • extend project timelines;
  • suspend work until the required dependency is received;
  • reallocate project resources to other engagements; and
  • revise commercial timelines where reasonably necessary.

Such delays shall not constitute a breach of contract or delay attributable to Truemark Tech.

7.8 Change Requests

Any work requested outside the agreed scope shall constitute a Change Request.

Truemark Tech may, before undertaking such work:

  • issue a revised quotation;
  • revise project timelines;
  • revise project milestones;
  • revise commercial terms; or
  • charge additional fees.

No additional work shall be deemed included unless expressly agreed in writing by both parties.

7.9 Project Suspension

Truemark Tech reserves the right to suspend any product, Service, subscription, support, maintenance, hosting, implementation, or project where:

  • scheduled payments remain overdue;
  • the Client fails to provide required information, approvals, or dependencies;
  • the Client becomes unresponsive for a prolonged period;
  • technical, operational, legal, regulatory, or security concerns prevent further work; or
  • continuation of the Services would expose Truemark Tech to unreasonable commercial, legal, or operational risk.

Project schedules and delivery timelines shall be adjusted accordingly.

7.10 Project Cancellation

Where the Client cancels, terminates, or otherwise withdraws from a project after work has commenced, the Client shall remain responsible for payment of:

  • all work completed up to the effective date of cancellation;
  • completed milestones;
  • work reasonably performed but not yet invoiced;
  • third-party costs already incurred;
  • non-cancellable licenses, subscriptions, software, hosting, or services procured specifically for the project; and
  • any other costs or commitments reasonably incurred by Truemark Tech in reliance upon the agreed project.

Unless otherwise agreed in writing or required by applicable law, advance payments shall be non-refundable.

Cancellation shall not affect Truemark Tech’s right to recover outstanding fees for work completed prior to cancellation.

All intellectual property, source code, designs, documentation, automation workflows, software, and project deliverables shall remain the property of Truemark Tech until all outstanding amounts have been paid in full.

7.11 Project Abandonment

Where the Client fails to provide required information, approvals, communication, payments, content, or other project dependencies for the period specified in the applicable proposal, quotation, Statement of Work (SOW), service agreement, or other written commercial document, Truemark Tech may consider the project abandoned.

Where no such period has been specified, Truemark Tech may determine a reasonable abandonment period having regard to the nature, complexity, and commercial requirements of the project.

Upon abandonment, Truemark Tech may suspend or close the project, archive project materials, release allocated resources, and charge reasonable recommencement or project reactivation fees before resuming work.

7.12 Suspension for Non-Payment

Truemark Tech reserves the right to suspend any Service, subscription, hosting, maintenance, support, software, project, or deliverable where payments remain overdue.

Such suspension shall not relieve the Client of any outstanding payment obligations and shall not constitute a breach of these Terms by Truemark Tech.

7.13 Client Acceptance of Deliverables

The Client shall review all deliverables and provide written acceptance or reasonable written feedback within the review period specified in the applicable commercial document.

Where no review period has been specified, the deliverables shall be deemed accepted where the Client:

  • fails to provide written objections within seven (7) business days following delivery;
  • requests deployment, publication, or implementation of the deliverables;
  • begins using, operating, publishing, distributing, or commercially benefiting from the deliverables; or
  • instructs Truemark Tech to proceed to the next phase of the project.

Minor defects, cosmetic issues, or variations that do not materially affect the intended functionality of the deliverables shall not constitute valid grounds for rejection.

7.14 Project Reactivation

Where a project has been suspended, paused, or delayed due to the Client’s actions or inaction, Truemark Tech may reassign personnel and resources to other engagements.

If the Client subsequently requests the project to resume, Truemark Tech may:

  • revise delivery schedules;
  • allocate resources based upon availability;
  • update pricing where commercially necessary;
  • charge reasonable recommencement or project reactivation fees; and
  • require settlement of all outstanding invoices before recommencing work.

7.15 Third-Party Costs & Client-Owned Services

Unless expressly included within the applicable commercial document, the Client shall be solely responsible for obtaining, maintaining, renewing, and paying for all third-party products or services required for the delivery or ongoing operation of the Services.

These may include domain names, hosting, cloud infrastructure, SSL certificates, premium plugins, themes, software licenses, APIs, artificial intelligence platforms, messaging charges, WhatsApp conversation charges, SMS services, email services, payment gateway charges, cloud usage fees, or any other third-party subscriptions or services.

Truemark Tech shall not be responsible for the availability, pricing, policies, functionality, suspension, discontinuation, or performance of any third-party products or services.

7.16 Client Content, Materials & Legal Responsibility

The Client is solely responsible for all content, data, documents, images, videos, logos, trademarks, software, credentials, marketing materials, instructions, and other materials supplied to Truemark Tech.

The Client represents and warrants that it owns, or has obtained, all necessary rights, licenses, permissions, approvals, and legal authority to use such materials.

The Client further represents that all information, marketing claims, advertisements, pricing, product descriptions, business information, and other materials supplied to Truemark Tech are accurate, lawful, and compliant with all applicable laws.

Truemark Tech shall not be responsible for independently verifying the ownership, legality, accuracy, completeness, or authenticity of materials supplied by the Client.

The Client agrees to indemnify, defend, and hold harmless Truemark Tech, its directors, officers, employees, contractors, affiliates, and representatives against any claims, liabilities, losses, damages, penalties, costs, or expenses (including reasonable legal fees) arising from or relating to the Client’s materials, instructions, content, data, advertisements, representations, or any infringement of intellectual property rights, privacy rights, publicity rights, contractual rights, or applicable laws.

8.  Third-Party Platforms, Software & Licenses

Truemark Tech may provide, integrate, implement, configure, or facilitate access to third-party software, platforms, cloud infrastructure, APIs, communication services, artificial intelligence services, hosting providers, payment gateways, domain registrars, messaging platforms, and other third-party technologies as part of the Services.

Such third-party products and services remain the property of their respective owners and are governed by their own terms of service, license agreements, privacy policies, acceptable use policies, and other applicable contractual or legal requirements.

The Client acknowledges and agrees that Truemark Tech does not own, operate, or control such third-party products or services and shall not be responsible for:

  • changes to third-party pricing, licensing models, features, functionality, APIs, or service offerings;
  • suspension, restriction, termination, or discontinuation of third-party services;
  • delays, outages, interruptions, maintenance, or service degradation caused by third-party providers;
  • changes in third-party policies, regulatory requirements, or approval processes; or
  • any loss, damage, or interruption arising solely from the acts, omissions, or decisions of third-party providers.

Where the Services require the Client to obtain or maintain third-party accounts, licenses, subscriptions, approvals, business verification, domains, hosting, payment accounts, API access, or similar prerequisites, the Client shall remain responsible for obtaining, maintaining, renewing, and complying with all applicable third-party requirements unless otherwise expressly agreed in writing.

Nothing in these Terms shall be interpreted as transferring ownership of any third-party software, technology, intellectual property, licenses, or services to the Client beyond the rights granted by the respective third-party provider.

Truemark Tech may, at its discretion, recommend or facilitate the use of third-party products or services; however, such recommendation shall not constitute a warranty, endorsement, or guarantee of the third-party provider or its products or services.

9.  Intellectual Property Rights

Unless otherwise expressly agreed in writing, all intellectual property rights relating to Truemark Tech, including but not limited to its websites, software, source code, applications, platforms, frameworks, templates, methodologies, documentation, automation workflows, AI implementations, proprietary tools, databases, designs, graphics, trademarks, logos, service marks, content, and other proprietary materials, shall remain the exclusive property of Truemark Tech or its licensors.

The Client shall retain ownership of all intellectual property, trademarks, logos, branding, content, data, documents, software, and other materials supplied by the Client to Truemark Tech for the purpose of providing the Services.

Subject to full payment of all applicable fees, the Client shall receive the ownership or usage rights to the agreed deliverables only to the extent expressly specified in the applicable proposal, quotation, Statement of Work (SOW), service agreement, contract, or other written commercial document.

Unless otherwise expressly agreed in writing, Truemark Tech shall retain ownership of all pre-existing intellectual property, reusable source code, software libraries, frameworks, templates, development methodologies, automation workflows, AI prompts, scripts, utilities, know-how, processes, and other proprietary assets used, developed, or enhanced in the course of providing the Services.

Nothing in these Terms shall transfer ownership of any third-party software, platforms, APIs, plugins, frameworks, licenses, cloud services, or other third-party intellectual property.

The Client represents and warrants that all materials supplied to Truemark Tech are owned by the Client or are used under valid licenses, permissions, or legal authority. The Client shall be solely responsible for obtaining all necessary rights required for the lawful use of such materials.

Unless otherwise agreed in writing, Truemark Tech reserves the right to reference the Client’s name, logo, and a general description of the completed project in its portfolio, website, marketing materials, case studies, or promotional content solely for the purpose of demonstrating its professional experience. Where confidentiality obligations apply or the Client has expressly requested otherwise in writing, Truemark Tech shall respect such restrictions.

Nothing in these Terms shall be interpreted as granting either party ownership of the other party’s intellectual property except to the extent expressly provided in a separate written agreement.

10.   Confidentiality

During the course of providing or receiving the Services, either party (“Disclosing Party”) may disclose confidential, proprietary, technical, commercial, financial, operational, or business information to the other party (“Receiving Party”).

The Receiving Party agrees to:

  • maintain the confidentiality of such information;
  • use such information solely for the purpose of performing or receiving the agreed Services;
  • exercise reasonable care to protect such information from unauthorized access, disclosure, or misuse; and
  • not disclose such information to any third party except as permitted under these Terms or with the prior written consent of the Disclosing Party.

For the purposes of these Terms, Confidential Information includes, but is not limited to:

  • business plans and strategies;
  • pricing and commercial information;
  • customer and supplier information;
  • technical documentation;
  • software architecture and source code;
  • API keys, passwords, credentials, and security information;
  • automation workflows and AI configurations;
  • proprietary methodologies, processes, and know-how;
  • financial information; and
  • any other information reasonably understood to be confidential.

The obligations contained in this section shall not apply to information that:

  • is or becomes publicly available through no fault of the Receiving Party;
  • was lawfully known by the Receiving Party before disclosure;
  • is independently developed without reference to the Confidential Information;
  • is lawfully obtained from a third party without restriction; or
  • must be disclosed pursuant to applicable law, court order, or a lawful request from a governmental or regulatory authority.

Truemark Tech may disclose Confidential Information to its employees, contractors, professional advisers, subcontractors, or service providers strictly on a need-to-know basis, provided that such persons are subject to confidentiality obligations no less restrictive than those contained in these Terms.

Both parties shall implement reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Confidential Information.

The obligations contained in this section shall survive the termination, expiration, or completion of the applicable Services.

11.  Suspension & Termination

Truemark Tech reserves the right to suspend, restrict, or terminate any product, Service, subscription, account, project, or commercial engagement, with or without prior notice, where we reasonably determine that:

  • the Client has breached these Terms or any applicable commercial agreement;
  • payments remain overdue beyond the agreed payment period;
  • the Client has violated applicable laws or third-party platform requirements;
  • continued provision of the Services may expose Truemark Tech, its customers, employees, contractors, technology partners, or third parties to legal, security, operational, financial, or reputational risk;
  • the Client provides false, misleading, or fraudulent information;
  • suspension or termination is required by law, regulation, court order, governmental authority, or a third-party service provider; or
  • continued performance of the Services becomes commercially impractical, technically unfeasible, or legally restricted.

The Client may terminate the use of any Service at any time, subject to the applicable proposal, quotation, Statement of Work (SOW), subscription plan, service agreement, contract, Refund Policy, or other written commercial document.

Termination or suspension of any Service shall not:

  • affect any accrued payment obligations;
  • entitle the Client to a refund except where expressly provided under the applicable Refund Policy or required by law;
  • transfer ownership of any intellectual property prior to full payment;
  • affect any confidentiality, indemnity, limitation of liability, dispute resolution, or other provisions that are intended to survive termination.

Where reasonably practicable, Truemark Tech may provide the Client with an opportunity to remedy a breach before permanently terminating the applicable Services. However, nothing in these Terms shall require Truemark Tech to do so where immediate suspension or termination is reasonably necessary to protect our business, customers, systems, legal obligations, or third-party partners.

Upon termination, Truemark Tech may disable access to the applicable Services, accounts, software, or platforms in accordance with applicable law, contractual obligations, and the terms of the relevant commercial agreement.

12. Warranty Disclaimer

Except where expressly stated in a separate written agreement, all Services, products, software, platforms, applications, websites, content, integrations, and technology solutions provided by Truemark Tech are provided on an “as is” and “as available” basis.

While Truemark Tech exercises commercially reasonable care, skill, and diligence in providing its Services, we do not warrant or guarantee that:

  • the Services will be uninterrupted, error-free, secure, or continuously available;
  • all software defects, bugs, vulnerabilities, or technical issues can be identified or eliminated;
  • third-party platforms, software, APIs, cloud providers, communication services, hosting providers, payment gateways, or other external services will remain available, compatible, or unchanged;
  • the Services will achieve any particular commercial, financial, operational, marketing, advertising, search engine ranking, lead generation, conversion, productivity, business growth, or return on investment outcome;
  • artificial intelligence systems, automation workflows, machine learning models, or AI-generated outputs will always be complete, accurate, suitable, or error-free; or
  • the Services will be compatible with every device, browser, operating system, software environment, or third-party platform.

The Client acknowledges that many Services involve technology, third-party platforms, internet infrastructure, artificial intelligence, and external systems over which Truemark Tech has no direct control.

The Client remains solely responsible for reviewing, validating, approving, testing, and verifying all deliverables, AI-generated outputs, content, marketing campaigns, automations, software configurations, business decisions, financial decisions, legal compliance, and other materials before relying upon or implementing them.

Nothing in this section shall exclude any warranty that cannot lawfully be excluded under applicable law.

13.  Limitation of Liability

To the fullest extent permitted by applicable law, the limitations set out in this section apply to all Services, products, subscriptions, projects, software, platforms, websites, applications, consulting, and other commercial engagements provided by Truemark Tech.

13.1 General Limitation

Truemark Tech shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or economic damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, loss of goodwill, loss of anticipated savings, business interruption, or any similar commercial loss arising from or relating to the use of, or inability to use, our Services.

13.2 No Guarantee of Business Outcomes

The Client acknowledges that business results depend upon numerous factors beyond the reasonable control of Truemark Tech.

Accordingly, Truemark Tech does not guarantee any specific commercial, financial, operational, marketing, advertising, search engine ranking, lead generation, conversion, productivity, business growth, artificial intelligence output, or return on investment arising from the use of our Services.

13.3 Third-Party Platforms & External Services

Many of our Services depend upon third-party software, cloud infrastructure, hosting providers, communication platforms, payment gateways, internet service providers, artificial intelligence providers, APIs, domain registrars, social media platforms, and other external technologies.

Truemark Tech shall not be liable for any interruption, delay, pricing changes, policy changes, account suspension, service degradation, feature changes, outages, security incidents, discontinuation, or other actions attributable to such third-party providers.

13.4 Client Data, Security & Backups

The Client remains solely responsible for maintaining appropriate backups of all business data, content, databases, credentials, configurations, files, documents, and other information unless Truemark Tech has expressly agreed in writing to provide managed backup or disaster recovery services.

The Client is responsible for maintaining the confidentiality and security of all usernames, passwords, API keys, authentication credentials, and access to accounts under its control.

To the fullest extent permitted by applicable law, Truemark Tech shall not be liable for any loss, corruption, alteration, unauthorized disclosure, unauthorized access, or unavailability of data arising from:

  • the Client’s actions or omissions;
  • third-party providers or external platforms;
  • compromised Client credentials;
  • cyberattacks, malware, ransomware, or other malicious acts despite commercially reasonable security measures;
  • internet or infrastructure failures; or
  • the Client’s failure to maintain appropriate backups.

Where Truemark Tech has expressly agreed in writing to provide backup, migration, disaster recovery, or managed data services, our responsibility shall be limited to the scope of those Services.

13.5 Remedy Before Financial Liability

Where Truemark Tech is responsible for a defect, deficiency, or failure in the Services, our primary obligation shall be to investigate and, where reasonably appropriate, correct, repair, replace, or re-perform the affected portion of the Services within a reasonable period.

Where the affected Service can reasonably be corrected through repair, replacement, re-performance, or another appropriate remedial action, the Client agrees that Truemark Tech shall be given a reasonable opportunity to provide such remedy before any claim for monetary compensation is pursued, except where otherwise required by applicable law.

13.6 Maximum Financial Liability

Where financial liability cannot lawfully be excluded and a monetary remedy is required under applicable law:

  • for subscription-based Services, Truemark Tech’s maximum aggregate liability shall not exceed the subscription fees paid by the Client for the single billing cycle immediately preceding the event giving rise to the claim;
  • for recurring professional Services, including but not limited to SEO, digital marketing, consulting retainers, maintenance, or support services, Truemark Tech’s maximum aggregate liability shall not exceed the fees paid for the single billing period immediately preceding the event giving rise to the claim;
  • for project-based Services, including but not limited to website development, software development, mobile application development, AI implementation, automation, integrations, branding, or consulting projects, Truemark Tech’s maximum liability shall be limited to the reasonable cost of correcting, repairing, replacing, or re-performing the affected portion of the Services, and shall not exceed the fees actually paid by the Client for that affected portion of the Services.

Nothing in these Terms shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.

14. Indemnification

The Client agrees to defend, indemnify, and hold harmless Truemark Tech, its directors, officers, employees, contractors, affiliates, partners, and representatives from and against any claims, demands, actions, proceedings, liabilities, damages, losses, penalties, fines, costs, or expenses (including reasonable legal fees) arising out of or relating to:

  • the Client’s breach of these Terms or any applicable commercial agreement;
  • the Client’s misuse of the Services;
  • any content, data, materials, instructions, or information supplied by the Client;
  • infringement of any intellectual property, privacy, publicity, contractual, or other legal rights by materials supplied by the Client;
  • the Client’s violation of applicable laws or regulations;
  • unauthorized or unlawful use of third-party software, platforms, APIs, communication services, or other technologies by the Client; or
  • any negligent, fraudulent, or unlawful act or omission of the Client.

The obligations contained in this section shall survive the termination or expiration of these Terms and any applicable commercial agreement.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the country in which the applicable Truemark Tech contracting entity providing the relevant Services is incorporated, unless otherwise expressly agreed in writing.

Where the Services are provided by Truemark Tech (India), these Terms shall be governed by the laws of India, and the courts having jurisdiction over the principal place of business of Truemark Tech in India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

Where the Services are provided by Truemark Tech FZC LLC (United Arab Emirates), these Terms shall be governed by the applicable laws of the United Arab Emirates, and the competent courts having jurisdiction over the principal place of business of Truemark Tech FZC LLC shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

Before commencing formal legal proceedings, both parties agree to make reasonable efforts to resolve any dispute through good-faith discussions and negotiations. If the dispute cannot be resolved within a reasonable period, either party may pursue the remedies available under the applicable governing law and before the competent courts having jurisdiction.

16.  Changes to These Terms

Truemark Tech reserves the right to modify, update, amend, or replace these Terms at any time to reflect changes in our Services, business operations, legal requirements, technology, or applicable laws.

Any revised version of these Terms shall become effective upon publication on our website or on such other effective date as may be specified.

Your continued access to or use of our Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms.

Where required by applicable law or where the changes materially affect your rights or obligations, Truemark Tech may provide additional notice through email, our website, customer portal, or other reasonable means of communication.

17.  Contact Information

If you have any questions, concerns, requests, complaints, or legal notices regarding these Terms or any of our Services, you may contact the appropriate Truemark Tech entity using the details below.

 

India

Truemark Tech
Navi Mumbai, Maharashtra, India
Email: info@truemarktech.com

 

United Arab Emirates

Truemark Tech FZC LLC
Ajman Free Zone, United Arab Emirates
Email: info@truemarktech.com

 

We will make reasonable efforts to respond to all legitimate enquiries within a reasonable period.

Official legal notices relating to these Terms should be submitted in writing to the applicable Truemark Tech entity using the contact details above.