Terms of Service

1. Acceptance of Terms

By accessing and using this website (ashishsaha.com, the "Site") and our services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Site or Services. Ashish Saha ("Company," "we," "us") reserves the right to modify these Terms at any time. Your continued use of the Site constitutes acceptance of updated Terms.

2. Eligibility

You represent and warrant that:

• You are at least 18 years old or have parental/guardian consent.
• You have the legal capacity to enter into binding agreements.
• Your use of the Site is for lawful purposes only.
• You comply with all applicable local, state, and international laws and regulations.

3. Use License & Restrictions

We grant you a limited, non-exclusive, non-transferable license to access and use the Site and its content for personal or business purposes. You agree not to:

• Reproduce, duplicate, copy, sell, resell, or exploit any content or services without written permission.
• Modify, reverse-engineer, decompile, or disassemble the Site or its code.
• Use automated tools (bots, scrapers, crawlers) to access or download content.
• Transmit viruses, malware, or harmful code.
• Engage in any form of hacking, unauthorized access, or disruption of the Site.
• Post spam, harassment, hateful content, or illegal material.
• Infringe on any intellectual property, privacy, or publicity rights.

4. Intellectual Property Rights

4.1 Company Content

All content on the Site, including text, graphics, logos, images, videos, code, and designs, is the property of Ashish Saha or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, transmit, or use this content without explicit written permission.

4.2 User-Generated Content

If you submit content to the Site (via forms, comments, or messages), you grant the Company a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, publish, and distribute such content worldwide. You represent that you own or have permission to submit this content and that it does not infringe on any third-party rights.

5. Services & Consulting Disclaimer

5.1 No Guarantees

Ashish Saha offers marketing strategy consulting and AI automation implementation services on a best-efforts basis. We do not guarantee specific results, revenue increases, lead generation targets, or other performance metrics. Business outcomes depend on various factors beyond our control, including market conditions, client execution, and external circumstances.

5.2 As-Is Basis

The Site and Services are provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

6. Limitation of Liability

To the maximum extent permitted by law, Ashish Saha shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of the Site or Services, even if we have been advised of the possibility of such damages.

Our total liability is limited to the amount paid by you for Services in the 12 months preceding the claim, or $100, whichever is greater.

7. Indemnification

You agree to indemnify and hold harmless Ashish Saha, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Site or Services.
• Violation of these Terms or applicable laws.
• Content you submit or actions you take.
• Infringement of third-party rights.

8. Contact Forms & Communications

8.1 Communication Consent

By submitting a contact form or subscribing to our newsletter, you consent to receive communications from Ashish Saha, including marketing emails, service updates, and promotional content. You can unsubscribe at any time.

8.2 Information Accuracy

You agree to provide accurate, current, and complete information in all forms. Providing false information or impersonating others is prohibited and may result in suspension or termination of access.

9. Third-Party Links & Services

The Site may contain links to third-party websites and services. We are not responsible for the content, accuracy, or practices of external sites. Your use of third-party services is governed by their terms and privacy policies. We recommend reviewing them before providing personal information.

10. Disclaimer of Third-Party Integrations

Our Services may integrate with third-party tools and platforms (e.g., n8n, Zapier, CRM systems, automation platforms). We do not warrant the functionality, security, or reliability of these integrations. Any issues arising from third-party services are the responsibility of those providers, not Ashish Saha.

11. Payment Terms

11.1 Pricing

Pricing for Services is provided upon consultation. Prices are subject to change with written notice. Invoices are due upon receipt unless otherwise agreed.

11.2 Refund Policy

Refunds are available on a case-by-case basis. Consulting fees are non-refundable once Services have commenced. For Services not yet started, a 7-day money-back guarantee applies. Specific refund terms will be outlined in your engagement agreement.

12. Confidentiality

Both parties agree to maintain the confidentiality of proprietary business information shared during the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

13. Termination of Access

We reserve the right to suspend or terminate your access to the Site or Services at any time, for any reason, without prior notice. Grounds for termination include:

• Violation of these Terms.
• Unlawful or malicious activity.
• Non-payment of fees.
• Harassment or threatening behavior.

14. Governing Law & Dispute Resolution

14.1 Jurisdiction

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal.

14.2 Dispute Resolution

Before pursuing legal action, you agree to attempt resolution through informal discussion or negotiation. If the dispute cannot be resolved, either party may pursue legal remedies through the courts.

15. Severability

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

16. Entire Agreement

These Terms constitute the entire agreement between you and Ashish Saha regarding your use of the Site and Services. They supersede all prior agreements, understandings, and representations. Any additional terms provided by third-party platforms do not override these Terms unless expressly agreed in writing.

17. Contact Information

For questions about these Terms, contact us:

• Email: work.ashishsaha@gmail.com
• Phone: +91 7980019239
• Address: 7 RBC Road, Dumdum Cantonment, Kolkata — 700028