Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of marksurge.com (the "Site") operated by MarkSurge Marketing Minds Private Limited ("MarkSurge", "we", "us", or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

2. Who we are

MarkSurge is a growth and marketing partner that helps brands acquire customers through paid advertising, SEO, email, social media, websites, creative, and affiliate and partner marketing.

3. Use of our website

You may use our Site for lawful purposes only. By using the Site, you agree not to:

• Use the Site in any way that breaches applicable laws or regulations.
• Attempt to gain unauthorised access to the Site, its servers, or any connected systems.
• Introduce malware, viruses, or any other harmful or disruptive code.
• Copy, scrape, or reproduce content from the Site without our written permission.
• Use the Site in a way that could damage, disable, or impair its operation.

We may suspend or restrict access to the Site at any time if we reasonably believe these Terms have been breached.

4. Our services

The Site describes the marketing and growth services we offer. Any information about our services on the Site is for general information only and does not constitute an offer or a guarantee of specific results. Marketing outcomes depend on many factors, and past performance is not a promise of future results.

5. Engagements & agreements

These Terms govern your use of the Site only. Any actual engagement to provide services is governed by a separate written agreement, proposal, or statement of work signed between MarkSurge and the client. Where there is any conflict between these Terms and that separate agreement, the separate agreement will prevail in respect of the services it covers.

Browsing the Site or contacting us does not create a binding engagement. A partnership begins only when both parties have agreed terms in writing.

6. Selective partnerships

We work with a limited number of brands so that each receives our full attention. We reserve the right, at our sole discretion, to decline or discontinue working with any brand or partner based on fit, alignment, capacity, legality, or our ability to deliver meaningful results. Submitting an enquiry does not oblige us to enter into any partnership.

7. Affiliate & partner marketing

As part of our services, we may promote a brand as an affiliate or marketing partner, including through that brand's existing affiliate or partner program. The specific commercial terms, tracking arrangements, and obligations for any such activity are set out in the separate agreement between MarkSurge and the relevant brand or program, and not by these Terms.

Where we promote products or services as an affiliate, we do so in line with applicable advertising and disclosure rules.

8. Intellectual property

Unless stated otherwise, all content on the Site, including text, graphics, logos, the MarkSurge name and brand, and the design of the Site, is owned by or licensed to MarkSurge and is protected by intellectual property laws. You may not use, reproduce, or distribute any of this content without our prior written consent.

Trademarks, logos, and brand names of third parties shown on the Site remain the property of their respective owners and are used for identification purposes only.

9. Third-party links

The Site may contain links to third-party websites or services that we do not control. We provide these links for convenience only and are not responsible for the content, products, or practices of any third-party site. Accessing third-party sites is at your own risk.

10. Disclaimers

The Site and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Site will be uninterrupted, error free, or free of harmful components, or that any information on it is complete or current.

11. Limitation of liability

To the fullest extent permitted by law, MarkSurge will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Site. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

12. Indemnity

You agree to indemnify and hold harmless MarkSurge and its directors, employees, and agents from any claims, losses, liabilities, and expenses arising out of your misuse of the Site or your breach of these Terms.

13. Governing law & jurisdiction

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising out of or relating to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India.

14. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of the Site after changes are posted means you accept the updated Terms.

15. Contact us

If you have any questions about these Terms, please get in touch: