Terms & Conditions

1. Who We Are

Skymoon Infotech ("Skymoon", "we", "us", or "our") is an AI-first digital growth studio based in Ahmedabad, Gujarat, India. We provide SEO, Generative Engine Optimisation (GEO), Paid Advertising, Content Marketing, Web Design, Web Development, Conversion Rate Optimisation (CRO), Branding, and related digital marketing services to businesses across India and internationally.

Registered Address: 408, Iscon Emporio, Satellite, Ahmedabad, Gujarat 380015, India
Email: [email protected]
Phone: 011-69320384

2. Definitions

3. Our Services

Skymoon Infotech offers the following service categories. Specific scope, timelines, and deliverables for each engagement are documented in a Statement of Work or written Proposal agreed upon by both parties:

Services not listed above may be provided on a case-by-case basis as agreed in writing. Any changes to scope during an active engagement require a written Change Order signed by both parties.

4. Engagement & Project Process

4.1 Getting started

All engagements begin with a written Proposal or Statement of Work (SOW) outlining scope, deliverables, timelines, and fees. An engagement is formally activated when the Client signs the SOW and pays any applicable advance/retainer as specified.

4.2 Revision cycles

Each deliverable includes a specified number of revision rounds as stated in the SOW. Revisions beyond those included are billed at Skymoon's then-current hourly rate or as a separate Change Order.

4.3 Client approval

Deliverables are considered accepted and approved if the Client does not raise written objections within 7 business days of delivery, unless the SOW specifies a different review window. Approved deliverables are final; further changes are treated as new scope.

4.4 Timeline

Project timelines stated in SOWs are estimates based on timely receipt of Client inputs, approvals, and access. Delays caused by the Client's failure to provide required materials or approvals will extend timelines accordingly, and Skymoon Infotech shall not be held liable for such delays.

4.5 Retainer engagements

For monthly retainer services, unused hours or deliverables in a given month do not roll over to the following month, unless expressly stated in the SOW.

5. Client Responsibilities

To enable Skymoon Infotech to deliver quality results, the Client agrees to:

• Provide timely access to required accounts, platforms, analytics, ad accounts, website admin, and brand assets as requested
• Designate a primary point of contact with authority to give approvals within agreed timelines
• Supply accurate, complete, and up-to-date information about their business, products/services, target audience, and goals
• Notify Skymoon promptly of any changes to business direction, branding, products, or markets that may affect service delivery
• Review and provide feedback on deliverables within agreed timelines
• Obtain all necessary licences, permissions, and clearances for third-party content (images, music, video, trademarks) provided to Skymoon for use in deliverables
• Ensure that all information and assets provided do not infringe third-party intellectual property rights

6. Payment Terms

6.1 Fees and invoicing

Fees are as agreed in the signed SOW or Proposal. Skymoon Infotech will raise invoices as per the payment schedule in the SOW. All amounts are in Indian Rupees (INR) unless otherwise specified. For international clients, invoices may be raised in USD; currency conversion charges are the Client's responsibility.

6.2 Payment due dates

All invoices are due within 15 days of the invoice date, unless the SOW specifies a different payment term. Project-based engagements typically require an advance of 50% before work begins, with the balance due upon delivery or as staged in the SOW.

6.3 Late payment

Invoices not paid by the due date may attract a late payment charge of 1.5% per month on the outstanding amount, calculated from the due date. Skymoon Infotech reserves the right to suspend active services after 15 days of non-payment, without prejudice to any other remedies.

6.4 Payment methods

Payments are processed via Razorpay (UPI, NEFT, RTGS, credit/debit card) or bank transfer as specified on the invoice. Payment card data is never stored by Skymoon Infotech - see our Privacy Policy for details.

6.5 Refund policy

Given the nature of professional services, fees for work already performed are non-refundable. If a project is cancelled by the Client after work has commenced, Skymoon Infotech will invoice for all work completed to the date of cancellation at the agreed rate. Advance payments for future work not yet commenced may be refunded at Skymoon's discretion, minus any administrative or setup costs already incurred.

6.6 GST

All fees are exclusive of Goods & Services Tax (GST). GST at the applicable rate will be charged in addition to the agreed fees for Indian clients. Skymoon Infotech's GSTIN is available on all tax invoices.

7. Intellectual Property & Ownership of Work Product

7.1 Client ownership of deliverables

Upon receipt of full and final payment for an engagement, Skymoon Infotech assigns to the Client all intellectual property rights in the specific Deliverables created for that Client under the relevant SOW - including original written content, designs, and custom code - to the extent permissible under applicable law.

7.2 Skymoon's retained rights

Notwithstanding Section 7.1, Skymoon Infotech retains full ownership of its Proprietary Tools, including but not limited to: SEO methodologies, prompt engineering frameworks, internal audit templates, strategy frameworks, AI workflow systems, and any pre-existing or generic code libraries, plugins, or design components used across multiple client projects. Transfer of Deliverables does not transfer Skymoon's Proprietary Tools.

7.3 Third-party licensed assets

Deliverables may include stock images, fonts, icons, or third-party plugins licensed for the Client's use. The Client is responsible for maintaining any ongoing licences required for continued use of such assets after the engagement ends. Skymoon Infotech will disclose which assets carry licence requirements.

7.4 AI-assisted content and IP

Some deliverables may include content substantially assisted by AI tools (see Section 8). The Client acknowledges that AI-generated content may have limited or no copyright protection under current Indian and international law. Skymoon Infotech assigns whatever rights it holds in AI-assisted deliverables to the Client upon full payment, but cannot guarantee copyright protection for purely AI-generated elements. The Client is responsible for verifying the originality and factual accuracy of all AI-assisted content before publication.

7.5 Portfolio rights

Skymoon Infotech may reference the Client's name and describe the nature of services provided (without disclosing confidential performance data) in its portfolio, case studies, website, and marketing materials, unless the Client requests otherwise in writing.

7.6 Client materials

The Client retains all ownership of brand assets, logos, creative briefs, data, and other materials provided to Skymoon Infotech. The Client grants Skymoon a non-exclusive licence to use these materials solely for the purpose of delivering the agreed Services.

8. AI Tools & Artificial Intelligence

8.1 AI tools used in service delivery

Skymoon Infotech uses artificial intelligence tools including Claude (Anthropic), ChatGPT (OpenAI), Google Gemini, Jasper, Midjourney, Adobe Firefly, and our proprietary AI SEO suite to enhance the quality, speed, and creativity of our work. By engaging Skymoon Infotech, the Client acknowledges and accepts this use.

8.2 What this means for you

• AI-assisted content: Blog posts, ad copy, SEO copy, and reports may be drafted with AI assistance and then reviewed, edited, and approved by a qualified human Skymoon team member before delivery.
• Human oversight is mandatory: No AI output is delivered to a client without human review. Skymoon Infotech does not deliver raw, unreviewed AI-generated content.
• Client fact-checking: The Client is responsible for verifying the factual accuracy of all content - AI-assisted or otherwise - before publishing. Skymoon Infotech is not liable for errors in published content that the Client approved without independent verification.
• No automated decisions: Skymoon does not use AI to make fully automated decisions about clients or their campaigns without human review and approval.

8.3 Client data in AI systems

Skymoon Infotech will not input personally identifiable Client data (customer lists, CRM data, financial data, sensitive business data) into third-party AI tools without the Client's prior written consent. This is a firm commitment. Anonymised briefs and general project context may be used in AI tools without separate consent.

8.4 AI IP and copyright

As stated in Section 7.4, copyright protection for purely AI-generated content is not guaranteed under Indian or international law. Skymoon Infotech discloses AI involvement where content is substantially AI-generated so the Client can make informed decisions about publication and IP risk.

9. SEO & Digital Marketing Results Disclaimer

Specifically, the Client acknowledges that:

• Search rankings are determined by Google, Bing, and other search engines using complex, frequently updated algorithms. Skymoon Infotech cannot guarantee any specific ranking position or timeframe for achieving rankings.
• AI Overview and GEO citations are determined by AI systems (Google, ChatGPT, Perplexity, etc.) outside our control. Skymoon's GEO strategies are best-practice approaches, not guarantees of citation.
• Paid advertising results - including cost-per-click, conversion rates, and return on ad spend - vary based on market competition, audience behaviour, and platform algorithm changes. Projections in proposals are estimates, not commitments.
• SEO timelines stated in proposals are estimates based on current conditions. Significant algorithm updates, manual penalties, or technical issues on the Client's website may extend these timelines.
• Any "case study" results referenced by Skymoon Infotech represent past client outcomes and are not a representation that similar results will be achieved for every client.

Skymoon Infotech commits to applying industry best practices, transparency, and our full expertise to every engagement. Our goal is to deliver measurable improvements - but digital marketing is not an exact science, and the Client accepts this inherent variability by engaging us.

10. Confidentiality

10.1 Mutual obligation

Both parties agree to keep each other's Confidential Information strictly confidential and not to disclose it to any third party without prior written consent, except as required by applicable law or as necessary to deliver the Services (e.g., sharing limited data with a sub-contractor bound by equivalent confidentiality obligations).

10.2 What counts as confidential

Confidential Information includes: business strategies, campaign performance data, pricing, client lists, technical specifications, audience data, proprietary processes, and any information marked confidential or that a reasonable person would understand to be confidential given the context of disclosure.

10.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed without reference to the Confidential Information; or (d) is required to be disclosed by law, regulation, or court order.

10.4 Duration

Confidentiality obligations survive termination of the Agreement for a period of 3 years.

11. Third-Party Platforms & Tools

Delivery of many services requires access to and use of third-party platforms including Google Ads, Meta Ads Manager, LinkedIn Campaign Manager, Google Search Console, Google Analytics, Microsoft Advertising, SEO tools (e.g., Ahrefs, SEMrush), social media platforms, email platforms, and CRM systems.

• The Client grants Skymoon Infotech access to required platforms. Skymoon will request only the permission level necessary for the agreed Services.
• Skymoon Infotech is not responsible for changes, outages, policy updates, account suspensions, or billing disputes originating from third-party platforms.
• Each third-party platform's own terms of service govern the use of that platform. Violations of platform terms by the Client (e.g., unapproved ad content) may result in account suspension for which Skymoon Infotech bears no liability.
• Platform accounts (Google Ads, Meta, LinkedIn, etc.) created under the Client's ownership remain the Client's property at all times. Upon termination, Skymoon will remove its access within 5 business days of a written request.

12. Website Use & Prohibited Conduct

By accessing skymooninfotech.com, you agree not to:

• Use the website for any unlawful purpose or in violation of applicable Indian or international law
• Attempt to gain unauthorised access to any part of the website, server, or connected system
• Transmit malware, viruses, ransomware, spyware, or any code designed to damage or disrupt systems
• Scrape, crawl, or systematically extract content from the website without written permission
• Reproduce, duplicate, or republish our original content (blog posts, case studies, service descriptions) without attribution and written consent
• Use the website to impersonate any person or organisation
• Submit false, misleading, or defamatory information through any form or contact channel on the website
• Interfere with or disrupt the integrity or performance of the website

Violation of these terms may result in immediate suspension of access and, where applicable, legal action under the Information Technology Act, 2000 and other applicable laws.

13. Warranties & Disclaimers

13.1 Our commitment

Skymoon Infotech warrants that it will perform Services with reasonable skill, care, and diligence in accordance with industry best practices, and that the services do not infringe any third-party intellectual property rights (except where the infringement arises from Client-supplied materials).

13.2 Disclaimer of other warranties

Except as stated in Section 13.1 and to the fullest extent permitted by law, Skymoon Infotech provides its website and services on an "as is" and "as available" basis, without warranties of any kind - express, implied, or statutory. We specifically disclaim any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

13.3 Website content

Content on our website (blog posts, case studies, tool comparisons) is provided for general informational purposes only. We make reasonable efforts to ensure accuracy, but we do not warrant that website content is error-free, complete, or current at all times. Do not rely solely on our website content for business or legal decisions.

13.4 Third-party links

Our website may contain links to external websites for informational purposes. Skymoon Infotech does not endorse, control, or take responsibility for the content, privacy practices, or accuracy of third-party websites.

14. Limitation of Liability

14.1 Cap on liability

To the maximum extent permitted by applicable law, Skymoon Infotech's total aggregate liability to the Client for any and all claims arising out of or in connection with an engagement - whether in contract, tort, negligence, or otherwise - shall not exceed the total fees paid by the Client to Skymoon Infotech in the 3 months immediately preceding the event giving rise to the claim.

14.2 Excluded losses

In no event shall Skymoon Infotech be liable for:

• Loss of profits, revenue, or anticipated business
• Loss of data or corruption of data
• Loss of goodwill or reputation
• Indirect, incidental, consequential, or punitive damages
• Any loss arising from third-party platform changes, algorithm updates, or account suspensions outside Skymoon's control
• Any loss arising from Client-approved content that was later found to contain errors or infringe third-party rights

14.3 Essential basis

The limitations in this section reflect a reasonable allocation of risk and are an essential element of the basis on which Skymoon Infotech provides its Services. Skymoon would not enter into this Agreement without these limitations.

15. Indemnification

The Client agrees to indemnify, defend, and hold harmless Skymoon Infotech, its directors, employees, contractors, and agents from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The Client's breach of these Terms or any SOW
• Client-supplied materials that infringe third-party intellectual property rights
• The Client's violation of any applicable law or regulation
• False or misleading information provided to Skymoon Infotech
• The Client's misuse of deliverables after approval and delivery
• Publication of content that was reviewed and approved by the Client but contains errors, defamatory statements, or infringing elements

16. Termination

16.1 Termination by either party

Either party may terminate an engagement by giving 30 days' written notice to the other party, unless the SOW specifies a different notice period. For month-to-month retainers, notice must be given before the billing date of the final month.

16.2 Immediate termination for cause

Either party may terminate immediately by written notice if the other party:

• Commits a material breach of these Terms or the SOW and fails to remedy it within 14 days of written notice
• Becomes insolvent, enters into administration, or is unable to pay its debts as they fall due
• Engages in fraudulent, unethical, or illegal conduct

16.3 Effect of termination

• The Client must pay all fees for work completed to the date of termination
• Skymoon Infotech will deliver all work completed up to the termination date within a reasonable timeframe
• Skymoon Infotech will remove its access from Client platforms within 5 business days of termination
• Provisions relating to IP, confidentiality, limitation of liability, indemnification, and governing law survive termination

17. Data Protection & Privacy

The collection and processing of personal data in connection with your use of our website and services is governed by our Privacy Policy, which forms part of this Agreement. By agreeing to these Terms, you confirm you have read and accepted our Privacy Policy.

Both parties agree to comply with the Digital Personal Data Protection Act, 2023 (DPDPA) and applicable DPDP Rules in connection with any personal data processed under or in connection with this Agreement.

Where Skymoon Infotech processes personal data on behalf of the Client (e.g., managing Google Analytics or ad platforms containing audience data), Skymoon acts as a Data Processor and the Client acts as the Data Fiduciary. In such cases, Skymoon will process personal data only on the Client's documented instructions and implement appropriate technical and organisational security measures.

18. Governing Law & Dispute Resolution

18.1 Governing law

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of India, including (without limitation) the Indian Contract Act, 1872, the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the Digital Personal Data Protection Act, 2023.

18.2 Amicable resolution

In the event of a dispute, the parties agree to first attempt resolution in good faith through direct negotiation. Either party may initiate this process by sending a written notice describing the dispute. The parties will have 30 days to reach a negotiated resolution.

18.3 Arbitration

If the dispute cannot be resolved through negotiation within 30 days, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be:

• Conducted by a sole arbitrator mutually agreed upon by both parties (or, failing agreement, appointed by the relevant authority under the Act)
• Held at Ahmedabad, Gujarat, India
• Conducted in the English language
• Subject to Indian substantive law

The arbitration award shall be final and binding on both parties.

18.4 Jurisdiction

For matters not subject to arbitration (e.g., injunctive relief), the parties submit to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India.

18.5 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall continue in full force and effect.

19. Modifications to These Terms

Skymoon Infotech may update these Terms from time to time to reflect changes in our services, applicable law, or business practices. The version number and "Last Updated" date at the top of this page indicate the current revision.

For material changes, we will provide 15 days' advance notice by email (where we hold your contact details) or by a prominent notice on our website. Your continued use of our website or services after the effective date of any changes constitutes acceptance of the updated Terms.

For existing active service engagements, material changes to the Terms will not apply retroactively without your written agreement; they will take effect at the next renewal of your SOW or retainer.